Episode 11: NSA Only Cares You’re an Attorney if the Client is Indicted?

Former Fastcase intern and all-around sharp legal mind Aaron Kirschenfeld joins us on the podcast today. Aaron didn’t get his Merit Award Scholarship by not subscribing to The Law Review Podcast on iTunes or not giving it a 5-star rating, if you know what I’m saying. Note that this is the first podcast we’ve done via Skype and it’s a little grainy. I’m hoping we can get that squared away before the next Skype episode. Apologies about that.

1. I think we’re going to need a Missouri bumper for the cast. Missouri AG Chris Koster filed a suit Monday alleging California state would violate the Commerce Clause by banning the sale of eggs from hens housed in small cages. ABA Journal commenter Virginia Bachmann sums up my (naive?) thoughts: don’t like CA laws? Don’t sell to CA.

2. The Nation has a neat article discussing the potential violations of attorney-client privilege that arise by virtue of government wiretapping. The article addresses a weird quirk I didn’t know about whereby although intelligence agents must stop recording and note when conversations with suspects’ attorneys begin, they are only required to do so when the suspect is indicted. If they’re not indicted, apparently the privilege “minimization” protocol isn’t triggered. I suspect Aaron and I will spend the majority of the literature review section discussing this odd quirk.

3. Jacob Gershman at The Wall Street Journal discusses the overwhelming tendency of insider trader defendants to remain silent. I talk about my [relatively limited] experience watching defendants put on the stand.

4. The Governance Lab brought to our attention that the Government Printing Office partnered with the Library of Congress today to make summaries for House bills available to download, in bulk, in XML format. This will give third parties (of which, spoiler alert, Fastcase is one) the ability to download reports prepared by the Library of Congress’s Congressional Research Service intended to limn (yeah, I said it) the implications of the legislation

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Thanks for listening!

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