from this morning:
GOP questions ‘two-month gap’ in Kagan’s health care involvement
...Mr. Holder also again declined to cite a specific legal privilege that would allow him to withhold documents or prevent committee investigators from interviewing department employees about Justice Kagan’s involvement. Instead, the attorney general said he has “separation of powers” concerns.
...Mr. Smith said that doesn’t rise to the level of an actual claim of privilege, and said he will schedule the interviews with investigators.