Comment

NSA Watchdog: Snowden Should Have Come to Me

60
Gus2/26/2014 11:45:06 am PST

Was kind of a BS ruling. Final paragraphs:

We also agree with the magistrate judge’s reference to the Illinois Eavesdropping Act in applying Rule 83.54.4. Contrary to defendants’ assertion, the magistrate judge did not apply the statute to counsel directly. Rather, he properly used it to construe the court’s rules, to which counsel is indisputably subject.

The magistrate judge’s reasoning, once again, is sound. By appearing pro hoc vice, counsel agrees to familiarize himself with and abide by local rules and local law, including substantive law. Regardless of whether this statute is directly applicable to out-of-state recordings, it provides a reference point for what rights must be respected by attorneys practicing here.1 Illinois has conferred on its citizens a right not to be recorded without their consent. Because surreptitiously recording conversations violates a right recognized in this jurisdiction, attorneys appearing before this court may not do so. We also agree with Magistrate Judge Ashman’s analysis of the importance of a level playing field. This court’s rules must apply uniformly to all attorneys appearing here, regardless of their offices’ location. To permit otherwise is not only illogical, but would interfere with the fair administration of justice, in general, and undermine the purpose of the work product doctrine, in particular.

Given the rhetoric in the papers filed with respect to this difficult ethical question, we wish to clarify one last matter. We are applying rules here, not judging character. As the magistrate judge noted, although ultimately unsuccessful, defendants’ arguments were reasonable. Defense counsel could have reasonably believed that his conduct was permissible. Although we find that his conduct did violate the rules, our rejection of his position does not equate to an indictment as an unethical person.

However ending with:

For the foregoing reasons, defendants’ objections are overruled. Per the magistrate judge’s order, they must cease the practice of recording witnesses without consent and disclose any recordings currently in their possession.