There has been much discussion about what comes after the White House defies subpoenas from the House and Senate Judiciary Committees using the theory of "Executive Privilege." As I have argued before, Congress must proceed step by calculated step. Attorney General Gonzales’s testimony now offers an opportunity to create the needed basis for future steps.
The White House strategy is clear: stonewall. Congress can issue subpoenas—what happens when the Executive just ignores them? How does Congress enforce its subpoena power? Normally, they would ask the Justice Department (yeah, right) to enforce their request. Republicans in Congress are now calling for Gonzales to resign. President Bush is "very pleased" with Gonzales’s testimony. It looks to me like the Bush plan is "stay the course." Don't look for a Gonzales resignation anytime soon.
So what’s next? Start by recognizing that the theory of "Executive Privilege" has some precedents and indeed, some value. Some White House communications can be shielded, under certain circumstances. That being said, the Congress, in order to do its Constitutional oversight duty must have access to Executive branch documents in Departments and Agencies outside of the White House. Create the doctrine—Failure to Comply with Congressional Oversight Requests is an Impeachable Offense.
Here is the analogy: When you are stopped on the highway by a police officer and asked to take a breathalyzer and refuse, you forfeit your right to presumption of innocence.
This ends the "run out the clock" scenario involved in a lengthy court confrontation. Once this principle is established for the Department of Justice, we can then turn our attention to the White House.
An impeached Alberto Gonzales. Let them appeal that in a lengthy court case.