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Reply #11: Don't be too quick to judge this... [View All]

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Liberation Angel Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-09-09 10:45 AM
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11. Don't be too quick to judge this...
First the decision apparently hurts lawyer client privilege and allows exemptions for state secrets or something a little shifty imho.

I need to read the decision, but Thomas's swipe may actually be somewhat accurate PLUS he agreed with Sotomayor that the chilling effect on parties with respect to being able to protect their communications to their lawyers was not enough to allow ythem immediate appeals when a judge says their communications are (or not, presumably) privileged.

of course if it gets us more access to government info then this is a good thing...but I need to read the decision before passing judgment. The story may NOT be the Thomas angle but the fact that Sotomayor is PROTECTING the federal government from its actions intruding on lawyer client privilege to the detriment of citizens.

I am NOT sure. But that may not be too good a thing if it is YOUR private lawyer discussions being ordered disclosed by some judge.

But think about it...

If I get more info I'll weigh in...
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