On the recordJune 3, 2015
Mr. Chairman, I thank the distinguished gentleman, the ranking member from Pennsylvania, for his leadership. This amendment would prohibit the use of funds in connection with the monitoring or review of electronic communications between an inmate detainee and his or her attorney or attorney's agents who are traditionally covered by the attorney-client privilege, except in circumstances where reasonable suspicion exists that a particular inmate's communications with attorneys or their agents may be designed to further or facilitate acts of terrorism. This amendment is designed to protect the legally sacrosanct attorney-client privilege. It would protect the Sixth Amendment right to counsel of individuals who are using electronic communications to share privileged information with their designated court advocate. The attorney-client privilege is one of the oldest recognized privileges in American jurisprudence. It is intended to encourage the full and frank communication between attorneys and their clients and thereby promote the broader public interests in the observance of the law and the administration of justice. It, of course, is anchored in the Sixth Amendment. Currently, in-person attorney visitations in facilities that are run by the Bureau of Prisons can take place in attorney-client rooms which provide the privacy to share information necessary for a lawyer to adequately defend his or her client in court.…