There is a difference. MSNBC has a good article on Executive Priviledge and the SC rulings. In essense, the Court has ruled that Executive Priviledge exists but can't be used to hinder a criminal investigation.

I don't support the notion of caving on constitutional principle just because of appearances. It would be just as inappropriate for the Executive Branch to demand all sorts of info from congressional hearings and meetings. When considering the issue, it's helpful to think about what the reaction would be if the circumstances were reversed. If the Executive started making demands like that of the Legislative, it'd quickly (and properly) be told to go pound sand.

Look at the energy proposal and ask yourself if there's anything illegal or improper in it. If not, then the issue should end there. If so then the issue should go forward to the proper Congressional or Justice Department investigative authorities. Furthermore, the energy proposal is just that, a proposal. It has to be enacted by Congress before it can become law. No, it seems the whole issue is that Waxman wants to embarrass the Bush Administration.

Perhaps while he's at it, he should investigate the law pushed by Democrat Chris Dodd that reduces the liability of accounting firms and lawyers when they deliberately misrepresent a corporation's financial status. I'm sure Arthur Anderson really appreciates not being fully liable for their shoddy accounting of Enron's booking practices.