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DOJ Reviewing Guidelines

By Marcia Coyle
September 27, 2006

During a Senate Judiciary Commit-tee hearing on Sept. 12, a top U.S. Department of Justice official acknowledged that the so-called Thompson Memo on the attorney-client privilege in corporate investigations has ignited complaints across the legal and business landscapes, but he vigorously defended the current policy as a sound one.

Senate Judiciary Chairman Arlen Specter (R-PA), and ranking minority leader Patrick Leahy (D-VT), both former prosecutors, questioned McNulty and a panel of critics of the Thompson Memo on how that memorandum ' the department's internal policy guideline on charging corporations ' affects the Sixth Amend-ment right to counsel in corporate investigations.

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