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92 S. Cal. L. Rev. Postscript 1 (2018-2019)

handle is hein.journals/pstscrpt92 and id is 1 raw text is: THE WEINTRA UB PRINCIPLE: ATTORNEY-CLIENT PRIVILEGE AND GOVERNMENT ENTITIES JASON BATTS* Amidst the backdrop of a federal investigation into the actions of President Donald Trump, a previously unexplored legal question has emerged on a topic that forms the foundation of legal practice: Can a succeeding government official revoke a predecessor's claim of the attorney-client privilege ? Although the question is novel, its role within the government context is well established having been asserted by Presidents Richard Nixon and Bill Clinton in their respective administrations. The context of current events, however, underscores the need to further define the operation of a privilege that is once again being relied upon by a president under investigation. In this Article, I argue that a public official should be permitted to revoke a predecessor's claim of the attorney-client privilege if made on behalf of the government entity. Ijustify this determination by applying the same corporate rationale put forth by the Supreme Court in Commodity Futures Trading Commission v. Weintraub to the government context. Termed the Weintraub Principle, I contend that government agents *. Prosecutor, Hickman County, Kentucky; B.A. 2005, Morehead State University; J.D. 2010, Washington University School of Law; Editor-in-Chief, Washington University Law Review, Volume 87. Special Victim's Counsel to sexual-assault victims as a Judge Advocate in the United States Army Reserve. Military information does not imply endorsement by the Department of Defense or the Department of the Army. All analysis and opinions are my own. I remain very thankful to Professor Kathleen Clark for her helpful comments and express my sincere gratitude to Professor Brad Areheart and Professor Rebecca Hollander-Blumoff for their respective time, assistance, and encouragement. In addition, I appreciate the staff on the Southern California Law Review, especially Daniel Brovman, for their helpful and professional guidance. I am forever grateful to Judge Hunter B. Whitesell, II and attorneys, Richard Major and Amanda Major, for their unending patience and teaching. I dedicate this Article to my family, without whom this would not be possible.

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