Journalists angry about the Justice Department snooping into reporters’ records should be equally outraged at the department’s infringement of attorney-client privilege in its investigation of former New York City Mayor Rudy Giuliani.
Just as First Amendment press protections were at risk in the former practice, which was just ended (although not in all ways) late last week, the Sixth Amendment’s “right to counsel” protections are threatened in the Giuliani investigation. What’s particularly troubling isn’t the seizure of electronic communications of the former mayor himself (which may also be problematic but which involve complications this column won’t delve into) but the 2019 “covert” search warrants seizing such communications from a separate attorney, famed prosecutor-turned-defense-lawyer Victoria Toensing.
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