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By Jack King
Inside NACDL columns.
Revised DOJ ‘Policy’ Is Positive Step, but Stein Underscores Need for New Law
The National Association of Criminal Defense Lawyers, a leading member
of the Coalition to Preserve the Attorney-Client Privilege, appreciates
the Justice Department’s latest policy recognizing the attorney-client
privilege. It is, however, “only a policy — not binding on the Justice
Department or U.S. attorneys in the field, and subject to revision or
rescission by the attorney general at any time, for any reason, or for
no reason at all,” NACDL President John Wesley Hall said in a statement
issued Aug. 28.
The revised policy instructs U.S. attorneys and line prosecutors not to
treat the attorney-client and work product privileges or payment of
corporate employees’ attorneys’ fees as obstructions of justice.
Likewise, it discourages prosecutors from coercing waivers of the
privileges as positive criteria of cooperation and compliance with
“This is not just an
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