Thursday, June 26, 2008
Leahy Reveals Discussions With DOJ Over McNulty Memo
At this morning's Senate Judiciary Committee markup, Chairman Patrick Leahy, D-Vt., said he has met with Deputy Attorney General Mark Filip (pictured) to address concerns about the Justice Department's policy of seeking attorney-client privilege waivers in corporate investigations.
Sen. Arlen Specter, R-Pa., has legislation pending that would ban the practice, but Leahy has so far been reluctant to proceed with the bill on the grounds that he would rather negotiate with the Justice Department.
The House has already passed its version of the legislation.
The current DOJ policy is enshrined in the so-called McNulty Memo, named after former Deputy Attorney General Paul McNulty.
The question now is: will there be a Filip Memo?
Here's what Leahy had to say this morning:
"Just as I have consulted extensively with Senator Specter about nominations, I want to work with him regarding his recent request that we consider a bill controlling how Federal prosecutors should act and superseding Department of Justice guidelines with a statute for assertions of corporate attorney-client privilege and possible abuses of that privilege.
"I recently met with the new Deputy Attorney General Mark Filip. He says that he has reviewed the past policy and is working on improvements. I believe that he has also met recently with the Senator from Pennsylvania. If there are not further developments when we return after the July 4 recess, the Committee may well have to turn its attention to legislative options."