Interesting...
Wonder if sunstein sees EP in the same way now? LOL
Marker
9. Direct decisionmaking by the President is required. If the President himself is not directly involved, there is no privilege. [emphasis added] See In Re Sealed Case. (Cf. Cheney v. USDC, extending the privilege to the Vice President, at least in the context of communications designed to culminate in advice to the President.) Thus the court of appeals has said that the Attorney General and the Deputy Attorney General cannot be equated with the close presidential advisers protected by the privilege. See Judicial Watch.
Per sunstein, by the very fact that zero claims executive privilege, he admits participation in Fast & Furious. Constitutional scholar my @$$.