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Politics : Clinton's Scandals: Is this corruption the worst ever? -- Ignore unavailable to you. Want to Upgrade?


To: greenspirit who wrote (8725)11/1/1998 2:06:00 PM
From: j g cordes  Read Replies (1) | Respond to of 13994
 
An issue that far eclipses the Clinton presidency will soon be heard. It concerns basic rights of attorney/client privilege.

We have to ask ourselves if getting Clinton is so important that we sacrifice this necessary freedom that any and every individual is allowed private consultation in defence of themeselves to which no government authority can gain access.

search.washingtonpost.com

Yet some will continue to argue that getting Clinton is more important. This argument is wrong for the greater good it provides all of us:

"United States v. United Shoe Mach. Corp., 89 F. Supp. 347, 358 (D. Mass. 1950).
The court, quoting from the comment to Rule 210 of the A.L.I. Model Code of
Evidence, observed: "In a society as complicated in structure as ours and governed by
laws as complex and detailed as those imposed upon us, expert legal advice is
essential. To the furnishing of such advice the fullest freedom and honesty of
communication of pertinent facts is a prerequisite. To induce clients to make such
communications, the privilege to prevent their later disclosure is said by courts and
commentators to be a necessity. The social good derived from the proper performance
of the functions of lawyers acting for their clients is believed to outweigh the harm that
may come from the suppression of the evidence in specific cases."

Another case that argues strongly on behalf of privilege with regard to grand juries:

"United States v. Grand Jury Investigation, 401 F. Supp. 361, 369 (W.D. Pa. 1975).
Considering a government motion to compel the testimony of attorneys summoned to
appear before a grand jury, the district court said: "[A]t the base of the attorney-client
privilege lies the policy that one who seeks advice or aid from a lawyer should be
completely free of any fear that his secrets will be uncovered."

There can be an insanity of purpose when pursueing justice or moral vindication. We are at that threshold. We can't let the pursuit of Clinton's impeachment become the noose that hangs us all.

Jim