Legal Commentary

Government Wiretapping Defense Lawyers in Terror Cases

By Jeralyn

The New York Times reports that the Bush Administration's wiretapping of defense lawyers in terror cases in Oregon is having an effect nation-wide:

Sean M. Maher, a New York lawyer who is a co-chairman of the national security committee of the National Association of Criminal Defense Lawyers, said he knew talented private lawyers who were refusing to take on terrorism cases because of potential violations of their privacy, including monitoring of their communications with clients. That fear has grown as a result of the disclosures in Oregon, Mr. Maher said.

Lawyers who agree to defend terrorism suspects in cases involving classified information are required to undergo background checks that can include an F.B.I. review of their financial and medical records, including records of psychiatric care.

“People just aren’t going to get involved in this process,” Mr. Maher said. “I find it unfathomable that in our adversarial system, we’ve created a process to weed out qualified defense counsel.”

Background on the Oregon wiretapping is here.

Full post as published by TalkLeft on April 28, 2008 (boomark / email).