Thursday, February 27, 2014
Andrew Napolitano describes a federal
assault on attorney-client privilege borne of domestic surveillance and some
convenient twisting of the "rules", either of which is bad enough on its own:
Can the NSA lawfully tell lawyers for the government who are negotiating with Mayer Brown lawyers what it overheard between the Mayer Brown lawyers and their client? The answer, incredibly, is: Yes. Federal rules prohibit the NSA from sharing knowledge with lawyers for the federal government only about persons who have been indicted. In this case, Mayer Brown is attempting to negotiate favorable trade relations between Indonesia and the U.S., and the lawyers for the U.S. have the unfair advantage of knowing in advance the needs, negotiating positions and strategy of their adversaries. In the Obama years, this is how the feds work: secretly, unfairly and in utter derogation of the attorney-client privilege. [bold added, link in original omited]With the government running practically everything these days, does Napolitano even need to ask, "What will they do next?"