Tournament: Alta | Round: 1 | Opponent: altaaa | Judge:
I value democratic legitimacy because the resolution questions policy options in a democratic government.
In a democracy, people are considered equal. The only justification for ruling over another person is by ensuring that the power is legitimate. Buchanan
Buchanan, A. (2002). Political Legitimacy and Democracy. Ethics, 112(4), 689–719. doi:10.1086/340313
p.716: Justice requires us ... the people act.
Legitimacy requires openness because authorizing an agent to have authority requires knowing relevant information about that agent. If a government agent is abusing power or acting improperly, we need to delegitimize their actions by condemning them or voting them out. Dershowitz explains
Dershowitz, Alan M., 2008, Visibility, Accountability, and Discourse as Essential to Democracy, http://www.questia.com/read/1G1-193407111/visibility-accountability-and-discourse-as-essential
These checks on ... rule of law.
And, Democracy demands accountability and checks. Hutchinson 1
ALLAN C. HUTCHINSON, ‘In the Public Interest’:?The Responsibilities and Rights of Government Lawyers, York University - Osgoode Hall Law School, 2008, Osgoode Hall Law Journal, Vol. 46, p. 105. NS
The participatory imperative ... than with democracy.
However, without transparency policymakers will only act in their own interest. Hutchinson 2
CRITICAL LEGAL STUDIES SYMPOSIUM: Law, Politics, and the Critical Legal Scholars: The Unfolding Drama of American Legal Thought, 36 Stan. L. Rev. 199, Stanford Law Review
Liberalism and contemporary ... world of rights.
Therefore, actions taken by the government are the result of the whims of elites and lead to domination.
But, openness and transparency holds those officials accountable. Hutchinson 3
ALLAN C. HUTCHINSON, ‘In the Public Interest’:?The Responsibilities and Rights of Government Lawyers, York University - Osgoode Hall Law School, 2008, Osgoode Hall Law Journal, Vol. 46, p. 105. NS
Another beneficial consequence ... operation of government.
So, the standard is maintaining government accountability through openness.
Circuit courts are schizophrenic on whether government officials on trial should be granted attorney-client privilege when called before a grand jury, ruling opposite ways even when using the same test. Glenn 13
Michael W. Glenn. NOTE: PRINCIPLES, POLITICS AND PRIVILEGE: HOW THE CRIME-FRAUD EXCEPTION CAN PRESERVE THE STRENGTH OF THE ATTORNEY-CLIENT PRIVILEGE FOR GOVERNMENT LAWYERS AND THEIR CLIENTS. Fordham Urban Law Journal. May 2013.
Another unique circumstance ... grand jury context. n42
My advocacy is that government officials called before a grand jury should not be able to invoke attorney-client privilege regarding internal communications with a government lawyer and thus be required to disclose all of said subpoenaed communications.
I reserve the right to clarify.
Rules of the Supreme Court of the United States explain the procedure, Rule 10, Considerations Governing Review on Writ of Certiorari.
Review on a ... rule of law.
So since there is currently a split circuit it’s eligible to be granted a writ of certiorari by the Supreme Court, our advocacy is that they will rule in line with the DC circuit decision.
Attorney-client privilege allows the government to hide truth from citizens. Peebles
Jennifer Peebles, Attorney-client privilege for government hampers transparency, Texas Watchdog, 10/09
When you talk ... our property, too.
For example, Congress was unable to stop torture at Guantanamo because the Justice Department refused to release the Torture Memos, leaving Congress nothing and no one to try. Jordan and Hess 08
Lara Jakes Jordan and Pamela Hess. Associated Press. 2008. http://www.huffingtonpost.com/2008/04/10/cheney-others-okd-harsh-i_n_96158.html
WASHINGTON — Bush administration ... a “torture memo.”
However, allowing government officials to claim privilege to prevent disclosure of communications prevents prosecution of crimes and harms openness to the public. Because government officials should act in the public interest, a clear avenue for disclosing evidence of government misconduct serves the values of the system. US Court of Appeals, DC Circuit, In re: Lindsey
In re: Lindsey (Grand Jury Testimony) 148 F.3d 1100 (1998). Accessed 22 Nov 2013 via Google Scholar. MO.
When an executive ... Grand Jury Subpoena Duces Tecum, 112 F.3d 910, 921 (8th Cir.), cert. denied, _ U.S. _, 117 S.Ct. 2482, 138 L.Ed.2d 991 (1997).