A court has ruled that a federal prosecutor’s email sent to his personal attorney is privileged, despite sending the email from his work account. The court relied on the fact the prosecutor was allowed to use his work email to send personal communications. This created a reasonable expectation of privacy in the emails. Along the same lines, the prosecutor was unaware the government had access to his account—which would have created a diminished expectation of privacy.
Incidently, access to the prosecutor’s email is being sought from a former prosecutor who claims he lost as his job by blowing the whistle on incompetence from the Bush administration.