Jennifer Yachnin of Roll Call ($$$) looked at the same issue and adds a lot of new facts:
It remains unknown what exactly the filter team in Ring's case is examining, although District Judge Ellen Huvelle indicated at a status hearing in late June that the team may be examining documents that could lead attorneys to invoke the attorney-client privilege ...
A search warrant [for Mr. Ring's home] indicates that federal investigators could seize materials related to an autobiographical book being drafted by Ring ...
According to federal prosecutors, the draft book included discussions between Ring and his attorney, Richard Hibey, a possible point of contention.
Remember that the search warrant specifically authorized investigators to seize Mr. Ring's unfinished book. Federal authorities were obviously aware of the existence of the book, otherwise it would not have been specifically mentioned in the warrant. Therefore, the ACR Blog concludes that Mr. Ring informed people of the draft's existence. We know that Mr. Ring engaged in failed plea negotiations, so perhaps the DoJ learned of the book directly from Mr. Ring himself. Or maybe Mr. Ring told friends and/or colleagues that he was working on the book, and those people told investigators. But it is possible that Mr. Ring shared his draft with a third party -- maybe a friend for proofreading or a potential publisher. If Mr. Ring did show the draft to a third party, any claim for attorney-client privilege could go *POOF* and disappear. It will be interesting to see what we learn when this matter is discussed at the next status conference.
A bit of a mystery still remains in this matter. Filter Teams are created to prevent Prosecution Teams from viewing evidence that might possibly be privileged. Our understanding of the process is that the Filter Team views any disputed evidence first, and removes it before the Prosecution Team even gets a chance to see it. Since the matter will be discussed at the next status conference, the process is clearly not yet complete. We know that the Prosecution Team wants to use Exhibits that were derived from potentially privileged material. Yet doesn't it seem that the Prosecution Team would know the information in its Exhibits, meaning that in fact they have already viewed the disputed materials? Why use a Filter Team AFTER the Exhibits have been prepared?
The author of the ACR Blog isn't a lawyer, and, well, we just don't get it.
We want to take this opportunity to advise our readers about another situation where the position of the ACR Blog has changed.
On September 9, 2008, shortly after the Ring indictment was released, we examined paragraph 88:
88. On or about October 10, 2000, Abramoff sent an email to Representative 5 in which Abramoff asked Representative 5 to let his wife know that Abramoff's associate, who was to provider her with a job, intended to contact her after the holidays.
The ACR Blog originally speculated that this reference referred to a "job" that scandal figure Ed Buckham was to offer to Julie Doolittle, wife of former Rep. John Doolittle (R-Calif.), also known as "Representative 5". We know that Mr. Buckham hired Mrs. Doolittle in a no-show job.
Since that time, however, the ACR Blog discovered an email from Mr. Ring to Jack Abramoff that indicates that the "job" in question is more likely one that Mr. Abramoff tried to persuade Toward Tradition director Daniel Lapin to give to Mrs. Doolittle. Although Mr. Abramoff tried to facilitate this "job", Toward Tradition never hired Mrs. Doolittle.