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Government to Eavesdrop on Lawyer-Client Conversations

An Anonymous Coward writes: "This CNN article outlines the justice department's plans to start monitoring lawyer-client communications of detainees. The decision was made by the justice department without any public debate or the involvement of the Senate or Congress. It's astonishing how easily a basic civil right such as the right to counsel is taken away!" The ACLU is, predictably, opposed.

2 of 508 comments (clear)

  1. Where does attorney-client privilege come from? by melquiades · · Score: 4, Redundant

    I'm hazy on the subject, but I believe that there is no constitutional right to lawyer-client privacy. I'm under the impression that, like therapist confidentiality, it's mostly a matter of common consensus -- the bar association and the government have simply agreed to uphold this as a tradition. IIRC, there was some great contoversy last year when the bar association decided to relax its policy to allow lawyers to step forward with privileged information which presented a clear and direct threat to the safety of others.

    Is my understanding correct? Is there any consitutional protection, or protection in federal law, of attorney-client privilege?

    Is it time to propose a new consitutional amendment?

  2. Attorney-client privelege. by Zach` · · Score: 3, Redundant
    It's astonishing how easily a basic civil right such as the right to counsel is taken away!

    I would love to see how the right to counsel is being taken away. As far as I can tell, the only 'right' being taken away is that of privacy, which is automatically given up when you're a federal detainee. You should have no reasonable expectation of privacy.

    Now, if you'd like to discuss how attorney-client privelege is being taken away, that'd be something different. But please don't spread FUD that civil rights to counsel are being taken away. That's absolutely ludicrous.

    Please, also note how exactly the information is going to be used.
    • "No information that is protected by attorney-client privilege may be used for prosecution," the statement said. "There is not protection however, for communications related to the client's ongoing or contemplated illegal acts."
    There's massive differences between the two. Get them straight before you whine about terrorist's rights being taken away.