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To: Political Junkie Too
Your analogy to the polygraph is good, but I would make it even more basic.

All communication between any attorney and their client is privileged. The Solicitor General's office is basically the appellate division of the Department of Justice. Their client is US Government. As a result, the Solicitor General's office and the US Government enjoy an attorney/client relationship.

All work product created in anticipation of any litigated matter is privileged. The memoranda that circulate through a law firm (which explore legal theories, discovery strategies, settlement negotiations) on anylitigated matter are work product. This is a BASIC legal principle. Forcing the US Government to give up the work product of its attorneys would be similar to requiring the attorney to reveal the contents of his private convesations with his client. It would, therefore, completely gut and violate the attorney/client privilege.

972 posted on 02/13/2003 2:19:51 PM PST by Don'tMessWithTexas
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To: Don'tMessWithTexas
Byrd time.
975 posted on 02/13/2003 2:20:41 PM PST by votelife
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To: Don'tMessWithTexas
Not all communications are priviledged. There are many exceptions. However, its not proper for one branch to demand documents from another.
982 posted on 02/13/2003 2:22:17 PM PST by VRWC_minion ( Opinions posted on Free Republic are those of the individual posters and most are right)
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To: Don'tMessWithTexas
I was trying to keep it to a third-grade level. Everyone watched the OJ trial -- I thought they would relate more to the OJ analogy.

But thanks for the vote of confidence.

-PJ

985 posted on 02/13/2003 2:23:44 PM PST by Political Junkie Too
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To: Don'tMessWithTexas
This is a BASIC legal principle. Forcing the US Government to give up the work product of its attorneys would be similar to requiring the attorney to reveal the contents of his private convesations with his client. It would, therefore, completely gut and violate the attorney/client privilege.

You're are absolutely correct ..

1,018 posted on 02/13/2003 2:34:56 PM PST by Mo1 (I HATE The Party of Clinton!)
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