does the president enjoy client attorney privilege when speaking to the white house's counsel

by Arch Medhurst 6 min read

Does attorney–client privilege apply to the president and vice president?

Sep 18, 2017 · The appeals court ruled that the primary duty of White House lawyers is to uphold the law, not to protect the president. “When an executive branch attorney is called before a federal grand jury ...

When does the attorney-client privilege protect a communication?

May 07, 2018 · Court decisions since the Clinton administration have established that the president likely does not enjoy attorney-client privilege when talking to the White House counsel—though this has yet ...

Does the White House Counsel give legal advice to the President?

subpoena. The White House resisted both of these subpoenas, invoking the attorney-client privilege and the work-product doctrine. Each of these controversies raised a number of novel legal questions about the President's relationship with the lawyers in the Office of the White House Counsel as well

Can in-house counsel qualify for attorney-client privilege?

Aug 20, 2018 · And second, the D.C. Circuit, in an opinion the Supreme Court has refused to review, has definitively held there was no attorney-client privilege between White House Counsel and President Bill ...

Does White House counsel represent the president?

Although the White House counsel offers legal advice to the president and vice president, the counsel does so in the president's and vice president's official capacity, and does not serve as the president's personal attorney.

Is the US president a client of attorney general?

Both the Congress and the President, more than the courts, can claim democratic legitimacy to represent the American people, the Attorney General's client. Both Congress and the Presi- dent play a role in determining who will hold the office of the Attor- ney General.

Is in-house counsel advice privileged?

This decision confirms that the gathering of information by in-house counsel of a company, from an employee of that company, for passing on to external lawyers in order for advice to be provided by that external law firm is not privileged.

What does counsel to the president do?

The Office of Counsel to the President was created in 1943, and is responsible for advising on all legal aspects of policy questions, legal issues arising in connection with the President's decision to sign or veto legislation, ethical questions, financial disclosures, and conflicts of interest during employment and ...

Who is the White House attorney general?

Merrick B. GarlandMeet the Attorney General Attorney General Merrick B. Garland was sworn in as the 86th Attorney General of the United States on March 11, 2021.Mar 3, 2022

Is Attorney General lawyer for president?

The United States attorney general (AG) leads the United States Department of Justice, and is the chief lawyer of the federal government of the United States. The attorney general serves as the principal advisor to the president of the United States on all legal matters.

Are in-house lawyers covered by privilege?

LAP and in-house lawyers Sometimes advice in an in-house context is not purely legal advice. Communications in the context of the administrative, executive, commercial and other business functions of the in-house lawyer will not be protected by privilege.

Does privilege apply to non lawyers?

Under US law, communications with non-lawyers and documents prepared by non-lawyers can be protected under both the attorney-client privilege and the work product doctrine. ... Regardless, the document must also be prepared because of the litigation.

Are communications with in-house lawyers privileged?

Legal professional privilege (LPP) can apply to communications with or documents prepared by in-house legal counsel. ... they were qualified to practise law.Jul 1, 2021

What's the difference between counsel and council?

Council is the word for an advisory group or meeting; counsel is the word for advice, an individual giving advice or guidance, or the verb indicating such action.

What does the attorney general do?

The principal duties of the Attorney General are to: Represent the United States in legal matters. Supervise and direct the administration and operation of the offices, boards, divisions, and bureaus that comprise the Department.Oct 8, 2021

What does the White House lawyer do?

Lawyers advise individuals, businesses, and government agencies on legal issues and disputes, and represent them in court and legal transactions. Also called attorneys, lawyers inform their clients about their legal rights and obligations, and help steer them through the complexities of the law.

I. Overview of The Attorney-Client Privilege and The Work Product Doctrine

  • Most attorneys are familiar with the basics of the attorney-client privilege, the attorney work product doctrine and attorney ethics rules to maintain client confidentiality. Although these precepts are governed by the law of the jurisdiction, the general protections are similar regardless of the jurisdiction. The attorney-client privilege protects communications between a client and a…
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II. Government Investigations – Recent Developments

  • Recent court decisions and governmental guidance continue to shape the parameters of privilege in government investigations, and the considerations outside counsel should make and discuss with clients before and during investigations. First, a recent decision in a United States Securities and Exchange Commission (“SEC”) investigation found waiver of work product privilege where in…
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III. Congressional Investigations – Recent Developments

  • Congressional investigations are distinct from other government investigations in meaningful ways. A key distinguishing factor is the treatment of the attorney-client privilege, a common law privilege that Congress generally does not recognize. Congress maintains that it is not obligated to recognize common law privileges established by courts, such as the attorney-client privilege, …
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