On the recordSeptember 21, 2020
I thank the distinguished gentlewoman from the Commonwealth of Pennsylvania for her leadership and for yielding. Mr. Speaker, I rise in support of H.R. 5546, the Effective Assistance of Counsel in the Digital Era Act. The Sixth Amendment to the United States Constitution provides that in all criminal prosecutions the accused shall have the assistance of counsel for his defense. To effectively represent a client and provide the best possible legal advice, an attorney must be fully informed about the facts of the case. But this can only be achieved through confidential communication between the attorney and their client. That is why the attorney-client privilege is so critical. The Supreme Court stated in Lanza v. New York that ``even in a jail, or perhaps especially there, the relationships which the law has endowed with particularized confidentiality must continue to receive unceasing protection.'' There are nearly 127,000 individuals currently in BOP custody, many of whom are in pretrial detention and have not been convicted of a crime. These Americans are innocent until proven guilty. Like any person involved in a criminal proceeding, these individuals need to be able to confidentially communicate with their attorneys in order to vindicate their rights under law.…





