Thursday, November 30, 2006
A follow-up to the earlier post on the Thompson Memo (DOJ policy forcing corporate waiver of privilege): see today's articles by the Washington Post and AP on further movements to push back against the memo and other prosecutorial policy. The Post says that the Senate Judiciary Committee may come forth as early as Monday with a bill reversing the memo's policy on inducing waiver to be "cooperative."
Larry Thompson himself now thinks it's gone too far: speaking at the Heritage Foundation today, he said, "We may be entering an era where the department should consider perhaps making appropriate revisions to the memo," as reported by AP's Lara Jakes Jordan. Thompson suggested that prosecutors have "overreached" what he presents as his memo's more "limited" call for pressuring cooperation.
Update: Here is the WSJ Law Blog story Dec. 1 on Thompson's speech, as well as a great post by Ellen Podgor at White Collar Crime Prof on the need to legislate instead of humoring the internal DOJ solutions some of the Heritage speakers were touting. [Alan Childress]