A Judge'S Opinion
Mr. Speaker, as a Texas State district judge for 20 years, I am aware, very aware, of the attorney-client privilege. This is one privilege that has withstood the challenge of liberal courts and is broader than the fifth amendment's…
Mr. Speaker, as a Texas State district judge for 20 years, I am aware, very aware, of the attorney-client privilege. This is one privilege that has withstood the challenge of liberal courts and is broader than the fifth amendment's protection against self- incrimination.
In the case of Swendler versus U.S., the Supreme Court ruled that the attorney-client privilege is so important it extends beyond the grave. We all recall Vince Foster, Clinton's deputy chief of staff, who investigated Travelgate. After killing himself, the Republican special prosecutor sought records from his attorney but was not able to get them because the Courts ruled that the attorney-client privilege survives the client's death to promote a full and frank communication between client and counsel.
Similar records are now being sought from Miguel Estrada today, and he is being refused confirmation because of those records.
Mr. Speaker, what is wrong with this picture? In this judge's opinion, Miguel Estrada deserves to sit on the bench of the D.C. Circuit Court of Appeals and should not be kept from it because he keeps sacred one of its oldest privileges.