Abstract
Professor Victor Rosenblum's review' of my Executive Privilege: A Constitutional Myth,' is an exercise in straddling which befogs the issue. At one and the same time he pays tribute to the vitality and timelessness of Berger's '3 and accepts United States v. Nixon4 without blinking, delicately circling the fact that Berger's myth charge is utterly incompatible with Chief Justice Burger's discovery that a privilege for confidential communications is inextricably rooted in separation of powers. 5 On Burger's premise Berger's timeless contribution falls in shards. Not a word about the salvo of criticism that greeted the Burger opinion,6 though one might expect that a reviewer would welcome the opportunity to weigh that criticism against the book and the opinion.
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