Wednesday, July 23, 2014

Prosecutors reading lawyer-client emails

The New York Times had this front page article today about prosecutors reading emails between lawyers and their clients without a warrant or any judicial oversight.  For the past few years now, inmates have had access to an email system called Corrlinks. If they don't violate prison rules, they can email with family and friends, and also importantly, their lawyers.  There is a general warning that the email isn't private and may be monitored, but it's just outrageous that prosecutors are snooping on attorney-client privileged emails without even getting a warrant.

From the article:

While prosecutors say there are other ways for defense lawyers to communicate with clients, defense lawyers say those are absurdly inefficient.
A scheduled visit to see Syed Imran Ahmed, a surgeon accused of Medicare fraud who is being held at the Metropolitan Detention Center in Sunset Park, Brooklyn, took lawyers five hours, according to court documents filed by one of Dr. Ahmed’s lawyers, Morris J. Fodeman. The trip included travel time from Manhattan and waiting for jail personnel to retrieve Dr. Ahmed.

Getting confidential postal mail to inmates takes up to two weeks, Mr. Fodeman wrote. The detention center, like all federal jails is supposed to allow inmates or lawyers to arrange unmonitored phone calls. But a paralegal spent four days and left eight messages requesting such a call and got nowhere, Mr. Fodeman wrote.
Dr. Ahmed’s case includes 50,000 pages of documents so far, including “Medicare claim data and patient information that we need Dr. Ahmed’s assistance to understand,” Mr. Fodeman wrote. Especially since he is acting as a public defender in this case — meaning the government pays him at $125 per hour — Mr. Fodeman argued that having to arrange an in-person visit or unmonitored phone call for every small question on the case was a waste of money and time.
In Brooklyn and across the country, the issue is being decided case by case. A spokesman for the Bureau of Prisons declined to comment, citing the continuing litigation.


MC Waste Services, Inc said...

putin was right

Anonymous said...

Holder issues memo after memo about how process should be more fair. Those memos go unread and Brady is continually withheld. Meanwhile, they are reading attorney client emails. What a joke.

Rumpole said...

That's why all my emails disparage the prosecutor in the opening paragraph.

Anonymous said...

DOJ and US Att Office now have win at all costs mentality

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