Tournament: UT | Round: 9 | Opponent: AFF | Judge: AFF
Advocacy Text: I advocate that truth seeking ought to take precedence over attorney client privilege specifically in cases where the attorney-client is a federal employee. This includes executive officials and legislative members. I reserve the right to clarify. 'Solvency' advocate is somewhere in there.
Status quo attorney client privileges for government officials fluctuate; it’s decided by a number of courts in individual cases.
Blumenauer, Kerri. J.D., Fordham School of Law. “Privileged or Not? How the Current Application of the Government Attorney-Client Privilege Leaves the Government Feeling Unprivileged.” 75 Fordham Law Review. 1. 2006.
Currently, when the ... at public expense.
Part 1 is resolutional interp.
Parametrics are okay if they're topical - key to fairness/education.
1) Nullifies 6 min 1AC time.
2) Infinite specific neg criticisms.
3) No legal definition of truth-seeking - skews everyone's strat.
4) No consistent application of acp/truth-seeking - destroys stable advocacy.
5) Topic lit controls internal link to fairness/education - confirms my advocacy is theoretically legit:
a. Truth-finding and acp don't usually conflict.
Giesel, Grace. James R. Merritt Prof., Louis D. Brandeis School of Law. "Upjohn Warnings, the Attorney-Client Privilege, and Principles of Lawyer Ethics: Achieving Harmony." 65 U. Miami L. Rev. 109. 2010.
The generally recognized ... skepticism of it.
b. Topic lit doesn't defend complete abolishment of acp - only exceptions.
Hazard, Geoffrey. John A. Garver Prof. of Law, Yale. "An Historical Perspective on the Lawyer-Client Privilege." 1 Yale Law School Legal Scholarship Repository. 1. 1978: 1061-1091.
In present-day law ... is generally understood
c. Specific instances of acp for government lawyers/corporations are substantiated/ultra-common in topic lit.
Part 2 is framework.
The state can only garner authority from the people and thus there is no entity justified in controlling the state externally. This is especially true of democracy.
Rousseau, Jean Jacques. French philosopher. “The Social Contract or Principles of Political Right.” 1762. Trans. G.D.H Cole.
I SUPPOSE men ... most frightful abuse.
AND, the only way to create a state that maintains legitimacy with its people is one with reasonable checks on its power.
de Secondat, Charles-Louis. Baron de La Brède et de Montesquieu. French political thinker. “The Spirit of Laws, Book XI.” Of the Laws Which Establish Political Liberty, with Regard to the Constitution. 1748.
Democratic and aristocratic ... the law permits.
Part 3 is contentional offense.
First, attorney-client privilege allows for concealment of information crucial to uncovering government schemes - empirically verified through Watergate, Cheney, and Clinton.
Leslie, Melanie. Assoc. Prof. of Law. NYU School of Law. “Government Officials as Attorneys and Clients: Why Privilege the Privileged?” 77 Ind. L. Journal. 3. 2002.
In February of ... to just results.
Second, government officials occupy elected positions of public trust; their sole purpose is to serve the general interest.
Leslie, Melanie. Assoc. Prof. of Law, NYU School of Law. “Government Officials as Attorneys and Clients: Why Privilege the Privileged?” 77 Ind. L. Journal. 3. 2002.
The first, and ... clarify the analysis.
Third, repealing confidentiality rules checks back government corruption because officials inherently occupy positions of higher power than those who they serve.
Salkin, Pratricia. Prof. of Government Law, Albany Law School. “Beware: What You Say to Your Government Lawyer May Be Held Against You – The Erosion of Government Attorney-Client Confidentiality.” 35 The Urban Lawyer. 2. 2003: 283-303.
Rather, in the ... potentially corruptible government.
Fourth, government lawyers are unique entities; they’re not just zealous advocates, they’re courtroom lobbyers for the public population.
Leong, Nancy. J.D., law clerk, Court of Appeals for the First Circuit. “Attorney-Client Privilege in the Public Sector: A Survey of Government Attorneys.” William and Mary Law School Scholarship Repository. Faculty Publications. 216. 2007.
Various legal authorities ... of a privilege.
AND, this doesn't impair the public interest by restricting non-disclosure.
Leslie, Melanie. Assoc. Prof. of Law. NYU School of Law. “Government Officials as Attorneys and Clients: Why Privilege the Privileged?” 77 Ind. L. Journal. 3. 2002.
Executive privilege doctrine ... a private attorney.
AND, my advocacy is specifically endorsed by the U.S. Constitution.
Dickmann, Amanda. J.D., Indiana University School of Law. "In Re Lindsey: A Needless Void in the Government Attorney-Client Privilege." Ind. L. Rev. 33. 1999.
As a supplement ... of federal crimes.
Aff gets RVI:
1) No RVI supercharges 7-4-6-3 time skew.
2) 1AC susceptible to infinite potential violations with no recourse.
3) 1AR doesn't get competing mutually exclusive interps (i.e. spec).