Thursday, October 15, 2009

Leviathan Wins Again

Bank of America has succumbed to the pressure of New York Attorney General Andrew Cuomo, who had demanded that BofA hand over documents subject to attorney-client privilege.

A bulwark of our (supposedly) free society is that people and companies can receive confidential legal advice, so that you can receive the full benefit of legal counsel without constraints on what is said by the prospect of future discovery by the authorities.

But companies are subject to great political pressure, with many facets of their business at risk if they oppose the demands of government. While it would have been a defiant blow for freedom if BofA could have stuck to its guns and resisted breaking attorney-client privilege, the real outrage is directed at Andrew Cuomo and the other prosecutors around the country who believe winning is more important than justice.

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