"If such trials were possible then in Russian judicial practice there would be a lot of 'dead souls' in the role of the accused, " she said.

BBC: News

The opinions of recognized scholars constitute evidence of customary international law in a case in which there is (a) no controlling judicial decision, (b) no controlling State practice and (c) no otherwise controlling treaty.

CENTERFORSECURITYPOLICY: Center For Security Policy

And as both historical practice and judicial decisions confirm, the fact that documents reside within an agency rather than in the White House is irrelevant to whether they are privileged.

WHITEHOUSE: Press Briefing