Skal spionere på samtaler mellom klient og advokat

From: Per I. Mathisen (Per.Inge.Mathisen@idi.ntnu.no)
Date: 09-11-01


"None of us would ever wish the evil that has been done to our country,
yet we have learned that out of evil can come great good", sa baby-Bush i
går. Hva er dette "great good", skal vi tro? De økte fullmaktene til
rettsvesenet og de hemmelige tjenestene? Hans sjanser for gjenvalg?

I samme tale gjentar han Goebbels bedrift med den Store Løgnens teknikk:
"We are the target of enemies who boast they want to kill, kill all
Americans, kill all Jews and kill all Christians."
...
"Unlike our enemy, we respect life. We do not target innocent civilians. "

Og ikke minst: "I am so proud of our military." (*spy*)
(http://dailynews.yahoo.com/h/ap/20011108/pl/bush_text_1.html)

Men, det jeg egentlig skulle skrive: Nå vil politiet ha myndighet til å
avlytte samtaler mellom advokater og deres klienter, og har fått lov til
dette før det har blitt offentlig kjent! Se artikkel nedenfor.

Mvh,
Per

"if something vanishes from your house, you won't know if it was a thief or the
government" -- Richard Stallman

Government proposes rule to eavesdrop on phone calls between lawyers and
clients in terrorist probe
http://www.masslive.com/newsflash/index.ssf?/cgi-free/getstory_ssf.cgi?a0784_BC_Attacks-Monitoring&&news&newsflash-washington

By PETE YOST
The Associated Press
11/8/01 6:38 PM

WASHINGTON (AP) -- The government says it can get around attorney-client
confidentiality as it investigates the terrorist attacks by allowing
prisons to monitor phone calls and mail of some of those jailed after
Sept. 11.

A rule published Oct. 31 in the Federal Register says the monitoring can
take place when Attorney General John Ashcroft concludes there is
"reasonable suspicion" that the communications are designed to further
terrorist acts. The rule went into effect the day before it became public.

"The immediate implementation of this interim rule without public comment
is necessary to ensure" that the Justice Department "is able to respond to
current intelligence and law enforcement concerns relating to threats to
the national security or risks of terrorism or violent crimes," the new
rule states.

The American Civil Liberties Union decried the change.

"I think this proposal is a terrifying nightmare for innocent people who
are under suspicion by the attorney general," said Laura W. Murphy,
director of the ACLU's national office.

Lawrence Barcella, a former federal prosecutor and now a white-collar
defense attorney in Washington, called it "beyond troubling."

"The attorney-client relationship is absolutely necessary and
constitutionally protected," he said. "That it can be wiped away on a
standard as low as reasonable suspicion is a very, very serious
intrusion."

Solomon L. Wisenberg, former deputy independent counsel to Whitewater
prosecutor Ken Starr, said that "this seems at first glance like a very
troubling approach because of its obvious infringement" on attorney-client
confidentiality.

Many constitutional rights are curtailed in the prison context, but
generally not the guarantee of private communications between attorneys
and their clients, Wisenberg said.

The Federal Bureau of Prisons ordinarily sets up two types of phones for
inmates -- one in which calls are monitored and the other where inmates
can talk confidentially with their lawyers. The monitored phones are
prominently marked so that inmates know in advance that there is
eavesdropping.

Phone calls from the designated monitored phones have been used in the
past in criminal prosecutions -- for example, in one of the cases against
longtime Bill Clinton friend Webster Hubbell. Phone calls in which Hubbell
discussed his taxes were part of the framework for a tax evasion case
against the former associate attorney general under President Clinton.



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