• With: Dana Perino

    VAN SUSTEREN: You know if you dig into it, you get way down in the weeds, and you can do all the sort of hair split, you're thinking why this is -- you know, different from this situation.

    PERINO: Right.

    VAN SUSTEREN: Why? But bottom line is, is that Congress has asked for documents. And subpoena them and the Justice Department is saying no. And the president says executive privilege, so, you know, it does nothing but raise suspicion. It is completely rational to be suspicious.

    PERINO: Yes.

    VAN SUSTEREN: Even if the White House and Justice Department have an absolutely airtight, for legitimate reason, at some point especially when you've got the Justice Department having to recall its letter for having false information, Republicans say it was deceitful, they say it was a mistake. There is enough smoke there for people to be legitimately suspicious.

    PERINO: And you would imagine that they could reach some sort of accommodation where maybe Issa and his team could come up and actually physically look at the --

    (CROSSTALK)

    VAN SUSTEREN: The justice claims they offered that. Just said they offered that. Justice claims they offered that.

    PERINO: Well, and Issa said they didn't get -- they wanted the law and they were going to be allowed to get. They were just going to --

    (CROSSTALK)

    VAN SUSTEREN: That's right. He says he didn't do that.

    PERINO: I think what might happen is Congress will then sue the executive branch, they'll ask for an expedited review in D.C. circuit. It may or not -- may or may not get it before the election but you're right, either they are covering up something major, or they're protecting executive privilege at the cost of looking like they are protecting something major. And it might be minor.

    VAN SUSTEREN: And of course, the overriding promise is that the president -- which, you know, the president brings on himself, as he said, he'd have the transparent most transparent NFEs in the business of trying to shield documents even if legitimately it doesn't, it looks suspicious.

    PERINO: Well, and Democrats in the Bush administration demanded Attorney General Alberto Gonzalez resigned. Over the attorney general -- U.S. attorney issue and some other things that they complain about. He ultimate did and then was cleared of everything at the end.

    VAN SUSTEREN: Can we talk about Jay Carney for a second? How much supervision supervision does he have? I mean how much is he -- is he going out there speaking to himself or is he getting marching orders?

    PERINO: I'm assuming that he probably he's talking to a lot of lawyers. And one thing that's difficult is that as press secretary you have to be a mile wide and a mild deep on every issue, and you're not necessarily a lawyer. And the rules of executive privilege are quite complicated. And there's like rings around Saturn for who's protected and who isn't. And one of the best things to do, if you aren't exactly sure of the law is to say, I will get back to you, or invite one of the lawyers to come up and answer questions to the White House press corps.

    VAN SUSTEREN: But he's getting -- but he's getting directions from both, I assume.

    PERINO: Sure. I would -- yes, I would imagine that he's asking for a lot of information in fact so that he can provide information accurately, I hope.

    VAN SUSTEREN: Well, they're not doing too well on the P.R. area. Anyway, thank you.

    PERINO: It's hard.

    VAN SUSTEREN: Dana, thank you.