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Date: Sat, 10 Nov 2001 04:16:03 -0500
To: Matthew Gaylor &lt;<a href="mailto:freematt@coil.com">freematt@coil.com</a>&gt;
From: Matthew Gaylor &lt;<a href="mailto:freematt@coil.com">freematt@coil.com</a>&gt;
Subject: Eavesdropping on US Inmate-Attorney Conversations Begins
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&lt;<a href="http://www.aclu.org/safeandfree/&gt;">http://www.aclu.org/safeandfree/&gt;</a>
<p>
Power Grab Allows Government Eavesdropping on Inmate-Attorney Conversations
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FOR IMMEDIATE RELEASE
Friday, November 9, 2001
<p>
WASHINGTON - Calling it an unprecedented power grab completely at 
odds with the Constitution, the American Civil Liberties Union today 
said it vehemently opposes the new Bureau of Prisons regulation 
allowing the government to listen in on conversations between prison 
inmates and their legal counsel.
<p>
"The right to an effective and vigorous defense is an absolute," said 
Laura W. Murphy, Director of the ACLU Washington National Office. 
"This is a terrifying precedent - it threatens to negate the keystone 
of our system of checks and balances, the right to a competent legal 
defense."
<p>
The regulation removes all judicial review from the eavesdropping, 
allowing the government to listen in any time the Attorney General 
believes there exists "reasonable suspicion" that a conversation 
between an inmate and counsel has any connection to "terrorist 
activity." Murphy said that this would discourage inmates from having 
full and open conversations with their own defense attorneys about 
the facts of the case, information which is a prerequisite for good 
legal advice.
<p>
The new regulation appeared in the Federal Register on October 31 
along with a number of other changes in the current rules governing 
the Bureau of Prisons.
<p>
Even though the Department of Justice claims to protect inmates' 
Sixth Amendment right to assistance of counsel in this new regulation 
by establishing a "firewall" within the department to prevent 
prosecutors from getting their hands on privileged information, 
Murphy questioned the department's trustworthiness. She pointed out 
that the Department of Justice just successfully petitioned Congress 
to remove the firewall between intelligence and criminal 
investigations, a key check on law enforcement power.
<p>
Ironically, the new regulations come at the same time as the 
Administration is seeking to repeal the McDade-Murtha Law, a measure 
that was passed in 1996 in response to questions of professional 
misconduct by government attorneys. Its repeal would allow federal 
prosecutors to follow a far more lax set of ethical standards than 
defense attorneys.
<p>
Civil liberties advocates also fear that the regulation could provide 
innocent inmates a disincentive to volunteer information to their 
defense counsel that could potentially clear their name.
<p>
"If an suspect's sole alibi is potentially damaging, but unrelated to 
the alleged crime, he or she will obviously be hesitant to whisper 
this little secret directly in the government's ear," Murphy said. 
"Each and every person in this country must be given the 
constitutional right to private consultation with legal counsel."
<p>
<p>
Last Updated: 11-09-01
<p>
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Visit the Crazy Atheist Libertarian
Check out Atheists United - Arizona
Visit my atheist friends at Heritics, Atheists, Skeptics, Humanists, Infidels, and Secular Humanists - Arizona
Arizona Secular Humanists
Paul Putz Cooks the Arizona Secular Humanist's Check Book
News about crimes commited by the police and government
News about crimes commited by religious leaders and beleivers
Some strange but true news about the government
Some strange but real news about religion
Interesting, funny but otherwise useless news!
Libertarians talk about freedom