January 10, 2022
Judge Reaffirms Nessel Must Stop Using Documents Violating Attorney-Client Privilege in Flint Water Case
Lansing, Mich., January 10, 2022 – Genesee County Judge Elizabeth Kelly has denied a request by Dana Nessel’s prosecution to reconsider a November 19 order requiring the state to cease using documents in violation of attorney-client privilege until reviewed by independent investigators. Emails show that Attorney General Dana Nessel was personally notified in April 2021 that prosecutors had possession of privileged documents by Solicitor General Fadwa Hammoud and Assistant Attorney General Peter Manning. The Associated Press reports:
“Prosecutors in the Flint water investigation must stop using certain documents seized from state offices until an independent team reviews them for any violation of attorney-client privilege.
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“Prosecutors in the attorney general’s office were warned by other lawyers in the office that they likely had acquired records protected by attorney-client privilege.”
The Flint investigation is being led by Assistant Attorney General Chris Kessel, who was Dana Nessel’s business partner before her election. Additionally, Mr. Kessel has been a financial supporter of Nessel’s campaign.
“Dana Nessel was personally notified in April 2021, by multiple individuals – on both sides of her ‘conflict wall’ – that the prosecution had possession of privileged documents and failed to take action,” said Eric Ventimiglia, Executive Director for Michigan Rising Action. Ventimiglia continued, “This is a catastrophic failure by Michigan’s top law enforcement officer and the people of Michigan deserve better.”