Props to JohnConstantine. He knows why.
Previously on The West Wing: C.J. goofed up horribly at a press briefing; Josh found out that Bruno might in fact, on occasion, be smarter than he; POTUS didn't think they could afford to worry about when the subpoenas will be handed down.
We're in front of the Federal District Courthouse on Pennsylvania Avenue. A man named Mr. Rollins (Hey, It's That Guy! It's Clare's dad! No, it's Kirsten's dad! It's Nicholas Pryor, veteran of both television and film) is besieged by reporters asking him to comment on when or if subpoenas will be issued. He can't, of course. We take it that he is the Special Prosecutor.
Inside the courthouse, Rollins runs into Oliver Babish, who pounces on him from behind a pillar. Babish, without so much as a how-do-you-do, says, "We've shown nothing but good faith." Rollins mildly says, "Mr. Babish." Babish reasserts his point and calls him "Clem." Rollins wants to know whether Babish would like to speak privately. Babish wants to know why he's reading that subpoenas are being handed out. Oh, come on -- it's not as if he thought they wouldn't be; he's been warning the staff about it for months. I find it really annoying and disingenous when lawyers ride each other about these kinds of things, when their opponent is doing precisely what they would if they were in the same position. Babish claims that Rollins's office is "leaking like a rowboat"; Rollins wonders whether Babish has a complaint. Babish says he just filed one with the U.S. District Court, but that's not what he wants to discuss with Babish. Rollins contends that it can't be the jurors who are leaking information; they don't even know why they've been called in. Babish is surprised to learn that Rollins could impanel a Grand Jury without telling them what it's about.
Rollins and Babish have entered Rollins's office now. Rollins says, "Voir dire was entirely fair; if anything, [it] favoured the subjects. What you've been reading is the work of a few over-zealous and irresponsible members of the conservative press in minor media outlets...." With a great deal of drama, Babish throws a paper down in front of Rollins and announces, "It's The Wall Street Journal!" Babish argues that they've been totally cooperative, that they're willing to hand over anything a subpoena could cover, and that his staff has been working around the clock. Well, Donna has, anyway, as we shall see. Rollins wants to know what Babish's staff is doing if they feel certain documents are protected by executive privilege. Good question. Babish says that POTUS is thinking of waiving executive privilege. Rollins wonders whether he's also waiving attorney-client privilege, spousal privilege, and doctor-patient privilege. Babish: "Clem, they have shown nothing but good faith." Clem's firm: "I can't give out extra credit for that."