How high a hurdle?
The government has always had the ability to look at anything on a government computer, said David M. Brahms, a retired general who once served as the legal adviser to the commandant of the Marine Corps. But, he said, the policy is broader now and made more clear to every computer user. “I don’t see anything cosmic,” said Brahms, now a Carlsbad attorney. “Whether it is good or bad, it doesn’t make a difference. The defense counsel is now on notice that there might be some access to work product. … I think it’s a pain in the ass, and lawyers recoil, but basically it is their responsibility (to keep sensitive communications off military computers).” Zimmermann, however, has argued that the policy is “unethical” and “illegal.” “Some NCIS (Naval Criminal Investigative Service) agent may want to know what Tatum’s attorneys are doing,” Zimmermann said. He added that an agent would have every right to search the defense lawyer computers — and to do so remotely, without the attorneys ever rea
