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> Foreigners not in the US don't have A right to counsel (which is the constitutional basis of attorney client privilege in the US). Do you have a cite for thi
by meepmorp 13y ago
> Foreigners not in the US don't have A right to counsel (which is the constitutional basis of attorney client privilege in the US).
Do you have a cite for this? I know that there's no right to counsel in civil trials, and this includes immigration courts (say in a deportation hearing), but thought that criminal trials do guarantee right to counsel regardless of citizenship.
Edit: sorry, I misread what you wrote. It's totally reasonable and doesn't deserve downvotes.
FWIW, web searching does seem to indicate that there's no explicit constitutional basis for attorney client privilege, and that it's just provided for by US (and often, state) law.
- rtpg 13y agoI'm not sure but pretty sure they do. There are very few laws in the US discriminating against citizenship.
- rayiner 13y agoI didn't say citizen. I said foreigners not in the US. E.g. A yemeni citizen in yemen.
- astrodust 13y agoThat's probably the most confusing way to describe that. Why don't you just say a someone who's not American?
- rayiner 13y agoBecause citizenship and physical presence are both elements. A foreigner on US soil has rights, as does a US citizen on foreign soil. Hence "foreigner not on US soil." My understanding from the article was that the client was not American, not on US soil, and was not being charged by the US.
- DannyBee 13y agoWong Wing v. United States, 163 U.S. 228 (holding that noncitizens charged with crimes are protected by the Fifth, Sixth, and Fourteenth Amendments) Fong Yue Ting v. United States, 149 U.S. 698 ((concurrence arguing that noncitizens are protected by the First, Fifth, and Fourteenth Amendments) Almeida-Sanchez v. United States, 413 U.S. 266 Bridges v. Wixon, 326 U.S. 135, 161 etc. The only holding otherwise is the 4th amendment one of a number of appeals courts.
- meepmorp 13y agoThanks. I kind of assumed that those protections extended to non-citizens, but it's nice to have actual case law.