As Memogate moves out of the journalistic fiasco phase and into a more legalistic phase, the strength of CBS Legal’s Felony Abatement Plan (also known to prosecutors as ‘tampering’) will be put to test. There is ample evidence of criminal intent by CBS both pre-broadcast and post-broadcast. One as-yet unrealized consequence (other than to CBS Legal) is that communications between a lawyer and client are no longer privileged when the subject matter is furthering a crime or a fraud. The Texas forgery code provides that publication of two or more fake government documents is a felony. Hence, discussions between CBS...