Thursday, January 08, 2009

Eric Holder v. the 6th Amendment

Besides his monomaniacal obsession with voiding the Second Amendment, AG-nominee Holder isn't all that enthused about the Sixth Amendment, either.

“In his controversial directive to line prosecutors, Holder strongly suggested that, when deciding whether to indict a corporation — and indictment can be a death sentence for companies in certain businesses — they consider whether the company has “cooperated” in the investigation. “Cooperation” was partially defined by whether the corporation agreed to waive the legally protected attorney-client and work-product privileges ...Another factor, suggested Holder, would be “whether the corporation appears to be protecting its culpable employees and agents” by advancing or paying those individuals’ attorney fees. A further sign of possible noncooperation would be whether the corporation kept the employees on the payroll or entered into a joint defense agreement with any of them. Put simply, the Holder Memo suggested that, by facilitating the ability of employees to continue working and to vigorously defend themselves, the company was demonstrating a noncooperative attitude that could get it indicted. It was a serious affront to the basic adversarial and rights-driven structure of the American legal system.”

This is the same sort of trickery and dirty pool practiced by another "liberal" AG: Andy Cuomo of New York State. "You have a right to representation. And if you exercise that right, I'll make sure you're banko."


HT: RedState

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