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

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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