Edward Snowden may have revealed the nature and extent of the
spying that the National Security Agency (NSA) has been
perpetrating on Americans, but some of the NSA’s most troublesome
behavior has yet to become a part of the public debate. Andrew P.
Napolitano explores these new assaults on the American legal
system, including the erosion of attorney-client privilege. If you
have spoken to a lawyer recently and if that lawyer is dealing with
the federal government on your behalf, you can thank President
Barack Obama for destroying the formerly privileged nature of your
conversations, Napolitano writes.
But that is not the only legal protection that’s being
destroyed. Last week, in a case in federal court in Oregon, the
same Justice Department that told the highest court in the land
last year that it would dutifully and truthfully reveal its sources
of evidence—as case law requires even when the source is an NSA
wiretap—told a federal district court judge that it had no need or
intention of doing so. If this practice of using NSA wiretaps as
the original source of evidence in criminal cases and keeping that
information from the defendants against whom it is used is
permitted, we will have yet another loss of liberty.
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