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Politics : PRESIDENT GEORGE W. BUSH -- Ignore unavailable to you. Want to Upgrade?

To: Kenneth E. Phillipps who wrote (202652)	11/14/2001 12:52:17 PM
From: willcousa	Read Replies (1) \| Respond to of 769670

So you are admitting that if the Court says that the attorney client privilege is not a constitutional right that it is indeed not one?

To: Kenneth E. Phillipps who wrote (202652)	11/14/2001 12:53:09 PM
From: Zoltan!	Read Replies (2) \| Respond to of 769670

From the ABA on attorney-client privilege - no mention at all of the Constitution or of it being a Constitutional right: google.com >>The privilege is a Constitutional right if the court says it is. So now you're quoting Gerald Ford, i.e., the law is whatever the Supreme Court says it is. That's fine for Bush v. Gore but the Supremes have never declared the privilege what you and lawyer Baldwin assumed it was. You and Baldwin apparently got the same legal education.

To: Kenneth E. Phillipps who wrote (202652)	11/14/2001 1:51:33 PM
From: TimF	Respond to of 769670

The privilege is a Constitutional right if the court says it is. No, but it would then be treated as if it was a constitutional right. Tim

To: Kenneth E. Phillipps who wrote (202652)	11/14/2001 1:59:08 PM
From: DMaA	Respond to of 769670

Someday, some State is going to test that proposition. The privilege is a Constitutional right if the court says it is.

To: Kenneth E. Phillipps who wrote (202652)	11/14/2001 3:36:22 PM
From: Little Joe	Respond to of 769670

"Someday, some State is going to test that proposition. The privilege is a Constitutional right if the court says it is." Very well established principle of Constitutional law goes back to Chief Justice Marshall when Thomas Jefferson was President case is Marbury v. Madison, followed up by several early cases and many since. The point is the Supreme has never held that the attorney-client privilege is a constitutional right that I know of. I am not an expert in this area of the law, but of this I am sure and that is the constituition does not directly address the issue, so it would have to be embraced within the "penumbra" of rights embraced by the due process clause and extended to the States by the 14th amendment. Little joe