The editorial notes that at least certain individuals are beginning to stand up. It asserted that when the White House refused last week to explain why it is withholding critical documents with respect to its unlawful surveillance program, as well as the records of how and why 6 U.S. Attorneys were fired, "Senator Patrick Leahy, chairman of the Judiciary Committee, rightly denounced this arrogance as Nixonian stonewalling." Bush invoked 'executive privilege,' "but executive privilege cannot be used to cover up actions and policies that involve an outright violation of the law, as the spying program did."
Further, last week "the highly partisan Orrin Hatch," and two other Republicans on the Senate Judiciary Committee voted with the Democratic majority to issue subpoenas to the White House for the relevant records.
The Times stresses, "If the White House continues to defy Congress, the Senate and the House could file criminal contempt charges. It's a strong measure, but lawmakers should not be afraid to take it, as they have done 10 times since 1975 under both parties... At this point, confrontation is far preferable to the path the Republican majority in Congress chose for so many years--capitulation," the Times concludes.