GOP prepares to file lawsuit against Holder - First Read The claim is Executive Privilege. In order for that to apply then the documents must not be part of a crime. They also must have communications between the President and Executive officials. As far as I recall the statement from Holder was that he knew nothing of the case and that the President knew nothing of the case. If true then documents requested should not pertain to Executive communications at all. If as Issa claims a Crime was committed then just as with Nixon, the ruling should be for the House.