X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Nine former senior officials with the Department of Justice have called on the Judiciary Committees in both houses of Congress to support legislation to bolster attorney-client privilege. In a two-page letter sent July 30, the former top officials urged Senator Patrick Leahy, D-Vermont, chairman of the Senate Judiciary Committee, and Representative John Conyers, D-Mich., chairman of the House Judiciary Committee, to support a “measured legislative solution to the continued erosion of the attorney-client privilege.” The letter follows one sent in September to U.S Attorney General Alberto Gonzales asserting that the Department of Justice’s “carrot-and-stick approach” to seeking waiver of the attorney-client privilege in corporate corruption cases harmed clients and the public. The July 30 letter contends that the department’s revised cooperation standards, known as the McNulty Memorandum, named for former Deputy Attorney General Paul McNulty, “maintains the fundamental flaws” of the department’s prior guidelines under former Attorney General John Ashcroft. The Justice Department has come under fire for requiring defendants to waive attorney-client privilege in order to demonstrate cooperation in corporate corruption cases. Opponents of the McNulty memo claim that it does not go far enough in protecting the privilege and that legislation is required to do so. Bills are pending in the House and Senate intended to stop government abuse of the privilege. Signing the July 30 letter were former attorneys general Edwin Meese and Dick Thornburgh. Former acting attorney general Stuart Gerson also signed, as did former deputy attorneys general Carol Dinkins and Jamie Gorelick. Three former solicitors general also signed: Theodore Olson, Kenneth Starr and Seth Waxman. Walter Dellinger, former acting solicitor general signed as well. McNulty resigned from the Justice Department in May. He has joined Baker & McKenzie’s litigation practice in Washington.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.