GOVT Recording Privileged Phone Calls With Attorneys
by Shari Dovale
The government prosecutors in the Bunkerville Standoff Trial in Las Vegas have been recording the privileged phone meetings between the defendants and their attorneys, according to a filing by Ryan Payne.
The motion to dismiss, filed yesterday November 8th, states that the government collected privileged attorney-client phone calls from an incarcerated defendant and then denied possessing such privileged materials.
On September 11, 2017, the government disclosed hundreds of phone calls including calls made from jail by co-defendant Blaine Cooper and the attorney representing him.
The motion goes on to state, “The recordings, which were made while Mr. Cooper was incarcerated at the Las Vegas City Jail between January 22, 2017, and February 17, 2017, address matters relating to the instant case, including preparation, criminal allegations, and strategy.”
Back in October 2016, Payne believed that CCA-Pahrump, the prison in which he was incarcerated, was recording his phone calls. He subsequently filed a motion which requested the Court issue an order (1) compelling the government to produce any recordings of conversations with counsel, and (2) instructing officials at CCA-Pahrump to cease and desist from recording privileged attorney client phone communications.
The Court denied the motion based on the government’s insistence that it had no recordings of conversations between Payne and his counsel, or between Payne’s co-defendants and their counsel.
However, since the government’s disclosure of recording Cooper’s calls with his attorneys, it is clear that the statements made by the prosecutors were untrue. Would this be considered prosecutorial misconduct? They made the recordings of the defendants privileged calls with their attorneys.
It is clear that the prosecution, including AUSA Myhre, have underestimated the Federal Public Defenders office and the defendants themselves. They have attempted to overwhelm the defense with large amounts of late discovery, but apparently assumed that with little money allocated to the public defenders, no one would have the resources to actually review the recordings.
These attorneys have taken this case much more seriously than the prosecutors expected and are holding the prosecutors accountable.
This is a serious violation of the US Constitution! They have recorded protected communications of attorneys and their clients.
We have seen multiple violations during the past 2 years this court has allowed. Navarro has allowed the prosecution nearly everything they have asked for, while denying the defense even the basics. But this is huge! Even Navarro will not be able to justify this breach.
It is in the realm of possibility that a full dismissal of this case will be soon given.
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Well, it sickens me to have to say this, but back in the days in which we actually had a Constitution, eavesdropping on attorney-client conversations would not be permitted because of attorney-client privileges, which moral people with common sense embraced. However, with the passage of the NDAA-2012, the danged government has declared that there is no attorney-client privacy any more. The government’s idiocy, its insensitivity, its disregard for its own founding legal charter, its willingness to favor the corporate state over our Bill of Rights, is disgraceful. Why our judges and prosecutors are like statist bots posing as human beings is a question I cannot answer, but apparently Navarro has no conscience, no sense of shame. Neither do most all government prosecutors and law enforcement.
My hope is that somehow Navarro is not aware of the damning contents of the NDAA-2012 and can see this matter through the lens of pre-NDAA-2012 protocol and punish the prosecution for these offenses.
Salute!
Elias
The government would have you believe that one’s free speech is limited to inside the “yellow taped zone (don’t tread on me tape) and further that one’s privileged communications with counsel are also reserved to the “yellow taped zone…,” OUTSIDE of the confinement facility. Gomer Pyle said it best…, SURPRISE, SURPRISE, SURPRISE!
Anything relating to the Department of Interior, the interior at large, operate under territorial law which was pirated from the Northwest Ordinance. The NW Ordinance was made effective under the US Constitution, Article VI, first paragraph “All debts contracted and engagements entered into,…” The engagements are the cessions by the original states of beyond their original Charter areas; Virginia to the Pacific Ocean is only one. It was a contract obligation of the Congress made to provide authority to operate in the territories to develop new states, (see the 1780 Resolution on Public Lands).
see: http://legisworks.org/sal/9/stats/STATUTE-9-Pg395.pdf
Myhre is a liar for the govenment!