Reuters is reporting that Condi Rice will now give sworn public testimony to the 9/11 Commission, and that George Bush and Dick Cheney will both give private testimony to the full panel. The commission has agreed to issue a written statement that this does not constitute an executive privilege-nullifying precedent. Josh Marshall notes that this manuever is ridiculous:

The Bush Administration probably doesn't know any better, however. Eagle-eyed observers might recall that the Supreme Court's decision in Bush v. Gore also ludicrously declared that it could not be used as precedent. The Court is made up of jurists, of course, but not the ones who will one day decide if that opinion stands as precedent or not.