On the recordSeptember 21, 2020
Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, H.R. 5546, the Effective Assistance of Counsel in the Digital Era Act would require the Federal Bureau of Prisons to establish a system to exempt from monitoring any privileged electronic communications between incarcerated individuals and their attorneys or legal representatives. The Sixth Amendment to the U.S. Constitution provides the right to counsel to assist in the defense of those accused of criminal offenses. In order to represent their clients in an effective manner, defense attorneys must have the ability to communicate candidly with their clients. The attorney-client privilege, which keeps communications between individuals and their attorneys confidential, exists, in part, to foster this sort of open communication. This privilege, of course, does not protect communications between a client and an attorney made in furtherance of, or in order to cover up a crime or fraud, also known as the crime-fraud exception. But to ensure free and open communication between individuals and their attorneys--a fundamental component of the effective assistance of counsel guaranteed by the Constitution--other communications between them may remain private. It goes without saying that defendants who are not in custody are less constrained in their ability to have candid conversations with their attorneys than those defendants who are in custody.…





