You Are a Federal Appeals Judge Hearing a Recent Case

Essay

You are a federal appeals judge hearing a recent case regarding attorney-client privilege. The current case at hand deals with the somewhat common and highly controversial practice of federal prosecutors listening or taping phone calls between inmates and their lawyers, and the prosecutor's ability toread e-mails sent from prison inmates totheir lawyers. The recent federal case on appeal has a federal public defender arguing that such behavior violates the spirit of attorney-client privilege, while prosecutors contend that any e-mail sent from prison is government property and therefore subject tomonitoring. Although the lower federal court has agreed with the stance of the prosecutor for this case, you must now decide if these practices doviolate a person's right toan attorney, especially if there are other possible and potential convictions that might be brought against the incarcerated? As a judge, how doyou find and why?