It doesn't matter what is "privileged" or isn't.
In politics, perception is everything.
I'm constantly shocked and saddened by people here who have learned nothing over the past 5 years.
Bush didn't turn over all documents on Roberts. Guess what? Nobody gave a damn.
You think that Americans don't know anything about lawyer-client privilege. They know ALL about it, courtesy of prime-time legal shows, and they know that lawyers do NOT have to be made to reveal their conversations with clients.
Besides, the Democrats have to be very careful to not be perceived as beating up on a woman.