Friday, July 29, 2005

Pleeeeze be true

Privilege claim may not apply to Roberts papers

The White House is citing the attorney-client privilege as the basis for refusing to reveal memos written by Supreme Court nominee John G. Roberts Jr. when he was representing the government before the high court. At the time, Roberts was the top deputy to Solicitor Gen. Kenneth W. Starr.

But it is not clear that this legal privilege shields the work of government lawyers from the eyes of government investigators — thanks to a legal ruling won by Starr himself, when he was independent counsel investigating President Clinton.

Usually, the attorney-client privilege protects private lawyers from being forced to reveal what their clients told them. It also shields their notes and memos from prosecutors. This rule of secrecy is seen as vital to the adversarial process.

But in 1996, Starr challenged the notion that White House lawyers who worked for Clinton could invoke the attorney-client privilege when Starr sought notes they had written. Starr argued that the lawyers worked for the people of the United States, not for the president.

Democrats are making a similar argument in Roberts' case: that the solicitor general represents the public interest.
"We believe the strong public interest in honest government and in exposing wrongdoing by public officials would be ill-served by recognition of a governmental attorney-client privilege" when prosecutors or congressional investigators are seeking information, the U.S. Court of Appeals in St. Louis said. "Even if we consider a congressional investigation to be an adversarial proceeding, the only harm that could come to the White House as a result of such an investigation is a political harm."


Blogger bluememe said...

Dream on, amigo. You forget (a) IOKIYAR and (b)the legal niceties matter only if the Senate subpoenas the records and we get the showdown into court. Ain't gonna happen. The Bushies will just tell the Dems to pound sand again.

Nice thought, though.

2:49 PM  
Blogger Dr. Bloor said...

true enough--my psychotic capacities for repression had blotted that out. on a happier note, however, that liberal rag USAToday seems to buy this reasoning...mebbe we can at least create another issue going into midterms.

7:00 AM  

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