ACLJ: Internal Documents of John Roberts Should Not Be Released - Political "Fishing Expedition" Violates Attorney-Client Privilege

July 28, 2005

(Washington, DC) The American Center for Law and Justice (ACLJ), focusing on constitutional law, said today that releasing documents pertaining to Supreme Court nominee John Roberts when he served in the Solicitor Generals office would set a dangerous precedent and would violate the attorney-client privilege to satisfy those who are on a fishing expedition in the weeks leading up to the confirmation hearings.

The call to release these internal documents is outrageous and would set a dangerous precedent that violates the attorney-client privilege, said Jay Sekulow, Chief Counsel of the ACLJ, who is working to support the Roberts nomination.  As an attorney who argues frequently before the Supreme Court, I find the idea that you would release internal documents very troubling and offensive.  The release of internal documents would send a dangerous signal and undermine the legal work of the government.  When appropriate, the governments final legal position is made public through court proceedings.  But private, internal discussions and deliberations should not be opened to political scrutiny and attack.  If the attorney-client privilege means anything, it means providing protections so government attorneys can examine all sides of a legal issue without the fear of political attacks.  The call to release internal documents amounts to nothing more than a fishing expedition.  Judge Roberts will be asked legitimate questions about his judicial background and philosophy. But it would be wrong to interject his internal documents into the debate.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice is based in Washington, D.C.July 28, 2005

(Washington, DC) The American Center for Law and Justice (ACLJ), focusing on constitutional law, said today that releasing documents pertaining to Supreme Court nominee John Roberts when he served in the Solicitor Generals office would set a dangerous precedent and would violate the attorney-client privilege to satisfy those who are on a fishing expedition in the weeks leading up to the confirmation hearings.

The call to release these internal documents is outrageous and would set a dangerous precedent that violates the attorney-client privilege, said Jay Sekulow, Chief Counsel of the ACLJ, who is working to support the Roberts nomination.  As an attorney who argues frequently before the Supreme Court, I find the idea that you would release internal documents very troubling and offensive.  The release of internal documents would send a dangerous signal and undermine the legal work of the government.  When appropriate, the governments final legal position is made public through court proceedings.  But private, internal discussions and deliberations should not be opened to political scrutiny and attack.  If the attorney-client privilege means anything, it means providing protections so government attorneys can examine all sides of a legal issue without the fear of political attacks.  The call to release internal documents amounts to nothing more than a fishing expedition.  Judge Roberts will be asked legitimate questions about his judicial background and philosophy. But it would be wrong to interject his internal documents into the debate.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice is based in Washington, D.C.