ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Sunday, January 21, 1996 TAG: 9601190031
SECTION: EDITORIAL PAGE: F-3 EDITION: METRO
SOURCE: ROBERT J. LIPSHUTZ
THE DISPUTE between the Senate's Whitewater committee and lawyers for President Clinton is of great importance to the American people. There are two important matters involved here.
(1) ``Lawyer-client privilege.''
The doctrine of ``lawyer-client privilege'' is not some esoteric concept but instead is one of the most important protections for all of the American people.
If President Clinton and his attorneys were to ignore that fundamental protection, it could set a precedent for the undermining of this safeguard for all Americans in countless situations.
Imagine the havoc that could be wreaked whenever a person has consulted a lawyer but the lawyer then is forced to reveal the client's private discourse to a third party:
In a divorce situation.
In a criminal accusation.
In a business negotiation.
In personal financial matters.
In personal estate planning.
In any investigation of a United States senator, the speaker of the House or the president.
The ``lawyer-client privilege'' is vital to protect every American citizen and must not be belittled or undermined. It is a doctrine that has protected us for more than 200 years, and it must be defended whenever it is attacked.
(2) ``The right of a president to confidential communications with his staff and other advisers.''
This right of confidentiality is not some self-serving concept designed to shield a president of the United States from criticism. Instead, it is a vital doctrine that allows our presidents to get the broadest range of advice from those they consult, in order to arrive at the best possible decisions for our country.
Were such advice not so protected, much of a president's advice would be less candid, more fearful, or meaningless. Without many sources of such unencumbered advice, no president would be able to make the best decisions of which he or she is capable.
Although this important doctrine was used improperly by Richard Nixon, it has been properly invoked by Presidents Ford, Carter, Reagan and Bush, as well as by earlier presidents.
And it has been respected by earlier Congresses and upheld by the United States Supreme Court.
Robert J. Lipshutz was counsel to President Carter.
- The Washington Post
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