Governmental Privilege – Generally

As to the application of privileges, the law treats the government as an individual, who can assert privileges when it is either (a) a party to a judicial proceeding or (b) subpoenaed as a witness whose testimony is sought for a judicial proceeding. For example, government attorneys may claim the protections of the work product privilege; and, the government may invoke the attorney-client privilege to prevent a government attorney from testifying about information acquired in the course of representing the government.