Interesting People mailing list archives

more on Diebold Voting Machine Whistle-Blower being prosecuted for "Stealing documents"]


From: David Farber <dave () farber net>
Date: Tue, 28 Feb 2006 10:31:36 -0500

Somewhere there is a line djf

Begin forwarded message:

From: Jonathan Goldstein <jonathan.goldstein () gmail com>
Date: February 28, 2006 10:23:51 AM EST
To: dave () farber net
Subject: Re: [IP] Diebold Voting Machine Whistle-Blower being prosecuted for "Stealing documents"]
Reply-To: jonathan () pobox com

To Rob's question, the "whistle-blower" is being prosecuted because he stole confidential attorney-client documents and attorney work product and released them to the public. The documents were not his and he took them and used them for his own purposes, substituting his own judgment for that of the trained attorneys who had been retained to give advice.

The reason we have attorney-client privilege and protection for attorney work product is so that people facing difficult circumstances know that they can speak candidly with their attorneys as they seek advice.

For a word processor who has been given access to such documents to reveal them at his own whim is the height of arrogance. Who knows what advice Diebold was seeking at the time those documents were in the hands of its attorneys? It surely was not up to Mr. Heller to break the confidence established between the attorney and his client.

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