Andy Borgmann's Blog

Thankfully the USA is not a democracy, we are a republic. This means we democratically elect people to represent us. And because of this, our rights go beyond the majority and apply to all of our citizens - including the minority. The heart of our republic is protected by the Supreme Court, and I was all the more grateful to God for that this week when I realized that Americans are stupid...

This past weekend we discussed the case of Alton Logan. A man who was sentenced to jail in the same year I was born (1982) for a crime he did not commit. But here is the kicker: two attorneys representing the actual murderer, knew of the truth, but because of attorney-client privilege could not share the information.

Allen thinks these attorneys should have come forth and broke their oath. Most of our listeners shared this sentiment. I, on the other hand, think this it the type of thing that would erode our entire judicial system, which protects every single right we have. Take a listen to a 3-minute edit of what was said.

No it is not just how it is Allen (and America). And now that I can speak uninterrupted, I am going to tell you why.

What he fails to recognize is that by eroding the attorney-client privilege, you erode the 6th amendment, and when you erode the 6th amendment, you essentially erode our entire Constitution and the rights that are established within.

Do you like freedom of speech? Great! Thank the 6th amendment.

Do you like freedom of religion? Great! Thank the 6th amendment.

Do you like freedom of the press? Great! Thank the 6th amendment.

Do you like the fact you have the right to a fair trial? Great! Thank the 6th amendment.

The only thing that separates America from Iran or China or North Korea is the 6th amendment. And to erode attorney-client privilege is to beg Mahmoud Ahmadinejad to bring us his sense of justice.

The 6th amendment grants us the the right to a fair trial, which, among other things, assumes the requirement of Assistance of Counsel (an attorney). Who is going to go to an attorney and be honest if he can't trust that his attorney will keep his information private and provide him the best possible defense.

No one. And here's the thing. It doesn't even take a rebuttal of the 6th amendment to erode the system. It only takes 4 or 5 renegade attorneys taking their ethics into their own hands and having the Nancy Graces and the Allen Hunts of the world congratulating them for doing it, and before we know it, we have lost what makes America great.

Which brings me back to the Supreme Court. Americans can try all they want to apply situational ethics to the 6th amendment, but there will never be 5 Supreme Court justices that do not understand what is riding on attorney-client privilege. So sleep easy America, your rights are protected, even from yourself.