But it seems he ruled like that because he wasn’t sure which side was constitutionally correct — which may be right in this case.
I was thinking more generally that if one side or another IS wrong, the courts are the only way to resolve it — like for example your citation of Clinton and Executive Privilege.
Does Congress really have the power to lock people up in their own jails? Where does that power come from? I hardly see where the judiciary gets the power to lock people up for contempt (where do you appeal when the judiciary takes enforcement action — can the President “pardon” a person being held for contempt?)
I’ve wandered off topic.
Not at all, you just perfectly described the balance of power, push and pull using the powers and tools available to each branch, a tug of war between two branches of government in which one wants to get an advantage not necessarily granted to it by the Constitution, and for very good reasons, by design. In other words, asking judiciary to resolve this issue is a gimmick and a fishing expedition, to give Congress unfair and unconstitutional powers.
If judge chooses not to get involved in what should be a matter of reasoned negotiation between two branches (absent criminality or an illegality on the part of one side which merits judicial intervention, like in case of Clintons) and basically shelves it, then this non-decision decision may just tell the parties to settle these issues some other way.
Then, in each individual case of these assertions of power, each side may have to bring out and prove its case to the public, instead of judiciary. This way, the balance of power stays intact, and the outcome of each confrontation may depend on the strength of the argument and the case, and/or the strength of individuals on each side - barring criminality or dirty tricks (which could be then adjudicated or part of "public" case), it's the way it should stay.
This is exactly what I hope the judge does, unlike what SCOTUS has done in several cases by interfering into CINC role, even when backed up by Congressional legislation, and by usurping the power not given to it by Constitution.