Tag: Attorney-Client Privilege

Federal Judge: Government Need Not Disclose Spying on Attorney-Client Conversations at Gitmo

Via the Center for Constitutional Rights:

Late yesterday, a federal court judge ruled that the government did not have to disclose whether it was illegally spying on Guantanamo attorneys’ conversations. The judge ruled that the National Security Agency (NSA) could not be forced to reveal information about its domestic spying program because, “confirming or denying whether plaintiffs' communication with their clients has been intercepted would reveal information about the NSA's capabilities and activities.”

Plaintiffs had argued that the government cannot use the Freedom of Information Act (FOIA) to shield illegal surveillance of attorneys. In response, the court said that because of the breadth of a statute protecting the NSA’s secrecy, “the Court need not address plaintiffs’ substantive arguments concerning the TSP’s illegality.”

What it means: [More..]

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Specter Introduces Bill to Protect Attorney-Client Privilege

Sen. Arlen Specter has introduced a much-needed bill to protect the attorney-client privilege.

The bill is titled the Attorney-Client Privilege Protection Act of 2006 (ACPPA).

The ACPPA would prohibit government lawyers from forcing organizations into:

  • Disclosing information protected by the attorney-client privilege or work product doctrine;
  • Refusing to contribute to the legal defense of an employee;
  • Refusing to enter into a joint defense strategy with an employee;
  • Refusing to share relevant information with an employee; and
  • Terminating or disciplining an employee.

As for why it's needed:

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