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It turns out that emails between spouses aren’t always protected, especially when you take the stand in court.A federal appeals court in Virginia on Thursday upheld the bribery conviction of a former member of the Virginia House of Delegates, who last year was sentenced to more than nine years in prison, according to The National Law Journal.
Phillip Hamilton, who was also a school administrator, argued that emails he sent his wife in 2006 were confidential — under a presumed “time-honored” marital privilege — and should not have been used as evidence against him in the bribery case.
The court did not agree.
The school had adopted a “no privacy” policy for work emails and computers before Hamilton’s investigation in 2009, so Hamilton should not have had any privacy expectations, the court said.
Hamilton’s lawyers disagreed with the ruling, saying that when the emails were sent, the policy did not exist, and Hamilton didn’t retroactively waive his privacy privilege, according to the Law Journal.