[Congressional Record Volume 149, Number 34 (Tuesday, March 4, 2003)]
[House]
[Page H1490]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           A JUDGE'S OPINION

  (Mr. CARTER asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. CARTER. Mr. Speaker, as a Texas State district judge for 20 
years, I am aware, very aware, of the attorney-client privilege. This 
is one privilege that has withstood the challenge of liberal courts and 
is broader than the fifth amendment's protection against self-
incrimination.
  In the case of Swendler versus U.S., the Supreme Court ruled that the 
attorney-client privilege is so important it extends beyond the grave. 
We all recall Vince Foster, Clinton's deputy chief of staff, who 
investigated Travelgate. After killing himself, the Republican special 
prosecutor sought records from his attorney but was not able to get 
them because the Courts ruled that the attorney-client privilege 
survives the client's death to promote a full and frank communication 
between client and counsel.
  Similar records are now being sought from Miguel Estrada today, and 
he is being refused confirmation because of those records.
  Mr. Speaker, what is wrong with this picture? In this judge's 
opinion, Miguel Estrada deserves to sit on the bench of the D.C. 
Circuit Court of Appeals and should not be kept from it because he 
keeps sacred one of its oldest privileges.

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