I fall back on my law degree for a piece on whether the attorney-client privilege could apply to press secretaries. The impetus, not surprisingly, is McClellan’s tell all book. I write in Exhibit A, a new publication of the Massachusetts Lawyers Weekly:
“Amid the furor behind the specific allegations of President Bush’s ex-White House press secretary Scott McClellan, and the ensuing fallout with his former friends and with Bush, lies an important question: Should there be a legal limit on what a communications official or press secretary can say about his former boss?
With a couple of exceptions, the law currently places few limits on what an ex-employee can say about a former principal. An employee could be asked to sign a non-disclosure or confidentiality agreement prior to employment. And those in the national security and intelligence realms face constraints on information that can be publicly discussed.
The McClellan episode places on the table the possibility of the imposition of an official standard on former aides.”