That respect for so-called "legislative intent" and the belief that judges should practice "judicial restraint" is cheered by many Republicans.

CNN: Alito's record shows conservative judge

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

"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