how attorney client privilege was attacked by fbi

When does the attorney-client privilege exist?

Apr 10, 2018 · "If by raiding the office of @realDonaldTrump's attorney, the @fbi violated Trump's attorney-client privilege, this is about to get really ugly," tweeted conservative Fox News host Laura Ingraham.

How can agencies protect against waiver of attorney-client privilege?

Apr 09, 2018 · Attorney-client privilege and the Cohen raid. 3-year-old dies after being pulled from pool in west Phoenix

What does the privilege of confidentiality protect?

Apr 11, 2018 · President Donald Trump tweeted a message one day after the Federal Bureau of Investigation (FBI) took action against his lawyer. Trump wrote, “Attorney-client …

Does Exemption 5 of the FOIA apply to attorney-client privilege?

Apr 10, 2018 · WASHINGTON — “Attorney-client privilege is dead,” President Donald Trump tweeted early Tuesday. The outburst came a day after the FBI raided the New York office and hotel room of longtime ...

What happens if you see something of interest beyond the scope of a search warrant?

The general rule, he says, is that if investigators see something of interest beyond the scope of the search warrant when they're looking at electronic files, they may need to go back to a judge and seek a new warrant.

Should information be obtained from other sources or through the use of a subpoena?

"Consideration should be given to obtaining information from other sources or through the use of a subpoena, unless such efforts could compromise the criminal investigation or prosecution, or could result in the obstruction or destruction of evidence, or would otherwise be ineffective," the rules say.

What happens when a witness invokes attorney-client privilege?

When a witness or target invokes attorney-client privilege, Mueller might try to neutralize the privilege if he considers the communication important to the investigation. If he objects to a claim of privilege, he’ll ask the judge presiding over his grand jury to conduct an “in camera” examination of the purportedly privileged communications - an examination by the judge in chambers that is closed to the public. The privilege-claimant will have to disclose the communications to the judge, who will decide whether they are privileged or whether they must be revealed to Mueller and may be used as evidence.

When is attorney-client privilege waived?

“The attorney-client privilege may be deemed waived when the privileged communication is put 'at issue' in litigation. This occurs when the client affirmatively puts privileged communications at issue, for example, by alleging that she relied on the advice of counsel, misunderstood an agreement, or diligently investigated a claim.”#N#For example, if one or more of Mueller’s persons of interest claim their lawyer (s) told them to do or say something relevant to the Trump-Russia interactions or investigation, Mueller could assert that the attorney-privilege has been waived and ask the court compel them to disclose their communications with their attorney (s).

Who was the independent counsel for Bill Clinton?

This exception arose out of an attempt to quash a grand subpoena issued by Independent Counsel Starr in his investigation of Bill Clinton. In early 1998, Starr 's jurisdiction expanded beyond financial transactions involving Clinton when he was governor of Arkansas to include "whether Monica Lewinsky or others suborned perjury, obstructed justice, intimidated witnesses, or otherwise violated federal law in connection with the civil lawsuit against the President of the United States filed by Paula Jones." Along the way, Starr issued a subpoena to Bruce Lindsey, who was Deputy White House Counsel and Assistant to the President, to compel Lindsey's testimony before Starr's grand jury.

Why did Mueller press on?

Until he’s dismissed, however, Mr. Mueller will press on, in part because Rosenstein appears to be satisfied with Mueller’s performance. Most recently, in Paul Manafort's suit to nullify his indictment, the Department of Justice filed a motion to dismiss the suit that explicitly supports the work of the Special Counsel.

Definition

Attorney-client privilege refers to a legal privilege that works to keep confidential communications between an attorney and his or her client secret.

Further Reading

For more on the attorney-client privilege, see this Cornell Law Review article, this Fordham Law Review article, and this Pepperdine Law Review article .