Reply #13: kpete: "Anything Rove Sent Out In E-Mail From RNC Is NOT Privileged"

[L. Coyote]

kpete Wed Mar-28-07 12:39 PM
"Anything Rove Sent Out In E-Mail From RNC Is NOT Privileged" & Neither is He
DU Discussion started at the same time: http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x524601

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So what does this mean? NYU law professor Daniel Shaviro says, "The easy and obvious point is that anything Rove sent out in an e-mail from his RNC address is not privileged." But then, drawing on an analogy with attorney-client privilege, he suggests it may mean even more:

"A further interesting question is the extent to which using RNC e-mails to communicate stuff about meetings with Bush et al should be viewed as a further waiver of other executive privilege claims, at the limit on everything pertaining to the meetings and topics discussed in the RNC e-mails. On this point I would have to defer to those more knowledgeable than I am about how the attorney-client privilege is interpreted and applied."

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