Oh, darn, isn't that just too bad...

This story on the Libby request for intelligence briefing materials notes that

the judge . . . is concerned that Libby's request could 'sabotage' the case because President Bush probably will invoke executive privilege and refuse to turn over the classified reports. 'If the executive branch says, 'This is too important to the welfare of the nation and we're not going to comply,' the criminal prosecution goes away.'

Well, duhhh -- that's exactly the point.
Libby and the White House are engaged in a complicated little dance here -- trying to get the judge to agree that Libby needs some particular classifed document for his defense, which then the White House can refuse to turn over, so that the prosecution falls apart.
And then everybody says, Oh, darn, isn't that just too bad...