In United States v. Nixon (1974), the Supreme Court made it pretty clear that executive privilege does not hold in the face of illegal activity. At this point there's plenty of reason to believe that ATF and/or DOJ acted illegally in the pursuit of the F&F debacle. Just sending guns into Mexico without the approval or even knowledge of the Mexican government has got to be breaking all kinds of laws. Therefore, the DOJ should not be allowed to hide behind executive privilege. Congress has the right and the duty to get to the bottom of exactly what went on with F&F that resulted in all those deaths.