#attorney-client-privilege
#attorney-client-privilege
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fromemptywheel
1 week agoPam Bondi Replaces Her Embarrassing Reading Comprehension Failure with a 4A Violation - emptywheel
When Judge Cameron Currie surprised Pam Bondi's Counselor, Henry Whitaker, on Thursday with a question about whether DOJ believes Aileen Cannon wrongly dismissed Trump's stolen documents case, Whitaker claimed what distinguished Jack Smith from Lindsey Halligan is that Halligan is closely supervised. I do think that mostly what was driving Judge Cannon's decision in that case was sort of the unique and broad authority that the special counsel possessed sort of free of supervision, which, of course, is an element that we do not have here.
US politics
fromemptywheel
2 weeks agoKash Patel's Plot Against Jim Comey Thickens! - emptywheel
Even assuming the defendant could prove that the government violated the Fourth Amendment or attorney-client privilege in its grand jury presentation (and to be clear, he cannot), the remedy would be to suppress that evidence at trial-not to dismiss the indictment. So, the defendant has not shown that "a ground may exist to dismiss the indictment because of a matter that occurred before the grand jury." Fed. R. Crim. P. 6(e)(3)(E)(ii). He is not entitled to access grand jury material.
Law
fromemptywheel
4 weeks agoJudge Nachmanoff Punts on Privilege - emptywheel
Before they had given Comey a shred of discovery, they sent him a draft filter protocol on October 10. Then on October 13 - still before they had handed over discovery, which appears to have revealed they got no new warrant to access this old material - the loaner AUSAs asked Judge Nachmanoff to approve a filter protocol that would give the government the first chance to make privilege determinations.
Law
Law
fromAbove the Law
1 month agoImmigration Attorney Critical Of ICE Receives Temporary Restraining Order Preventing Search Of His Phone - Above the Law
Federal agents seized attorney Andrew Lattarulo's iPhone at Boston's airport, prompting a lawsuit alleging First and Fourth Amendment violations and a granted temporary restraining order.
Law
fromAbove the Law
1 month agoLegal Ethics Roundup: SCOTUS Opens Term With Legal Ethics Argument, New Judicial Anti-Bias Rule & More - Above the Law
Villarreal v. Texas asks whether barring defendant-counsel discussion of testimony during an overnight recess violates the Sixth Amendment right to counsel.
US politics
fromwww.mercurynews.com
2 months agoJudge orders partial release of spending records in Sheriff Corpus corruption probe
Judge ordered release of Cordell contract and compensation records related to the Sheriff Christina Corpus investigation while requiring redaction of witness identities; some records remain sealed.
fromABA Journal
3 months agoBigLaw firms' internal investigation likely protected from lawsuit disclosure, 6th Circuit says
The 6th Circuit cited the U.S. Supreme Court's 1981 decision in Upjohn Co. v. United States, which held that attorney-client privilege applies when companies seek legal advice through internal investigations.
Law
NYC politics
fromwww.amny.com
6 months agoLuigi Mangione case: Federal prosecutors deny eavesdropping' on attorney calls after jail recording mix-up | amNewYork
Federal prosecutors denied allegations of intentionally eavesdropping on jail calls, claiming any recordings were inadvertently obtained and not listened to.
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