Norwegian lawyer had visa withdrawn after private chat with client on Facebook

Re:Norwegian lawyer had visa withdrawn after private chat wi... by meepmorp on Tuesday June 11, 2013 @07:54PM (#5865551)

> 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.

[ Parent | on HN ]

Re:Norwegian lawyer had visa withdrawn after private chat wi... by DannyBee on Wednesday June 12, 2013 @12:39AM (#5866558)

Wong 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.

[ Parent | on HN ]

Re:Norwegian lawyer had visa withdrawn after private chat wi... by meepmorp on Friday June 14, 2013 @08:07PM (#5883265)

Thanks. I kind of assumed that those protections extended to non-citizens, but it's nice to have actual case law.

[ Parent | on HN ]

Re:Norwegian lawyer had visa withdrawn after private chat wi... by rtpg on Tuesday June 11, 2013 @09:10PM (#5865808)

I'm not sure but pretty sure they do. There are very few laws in the US discriminating against citizenship.

[ Parent | on HN ]

Re:Norwegian lawyer had visa withdrawn after private chat wi... by rayiner on Tuesday June 11, 2013 @09:13PM (#5865817)

I didn't say citizen. I said foreigners not in the US. E.g. A yemeni citizen in yemen.

[ Parent | on HN ]

Re:Norwegian lawyer had visa withdrawn after private chat wi... by astrodust on Wednesday June 12, 2013 @11:25AM (#5868567)

That's probably the most confusing way to describe that.

Why don't you just say a someone who's not American?

[ Parent | on HN ]

Re:Norwegian lawyer had visa withdrawn after private chat wi... by rayiner on Wednesday June 12, 2013 @12:17PM (#5868874)

Because 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.

[ Parent | on HN ]