The department had asked Judge Amit Mehta in a court filing
to sanction Google, saying the company's "Communicate with Care"
programme, which asked employees to add a lawyer to many emails, was sometimes
a "game" to shield communications that did not genuinely fall under
attorney-client privilege. Google responded that it did nothing wrong.
Mehta, of the US District Court for the District of
Columbia, said that there were an "eye-popping" 140,000 documents
originally slated as falling under attorney-client privilege but that 98,000 or
those were quickly given to the government. But he also said that he was
"not sure a federal court has the authority" to sanction that
practice since it occurred before the government filed its lawsuit.
John Schmidtlein, Google's attorney in the case, said that
21,000 of the emails were still at issue.
Kenneth Dintzer, the Justice Department's lawyer, asked that
Google be sanctioned for the practice and be required to turn over the 21,000
emails. He argued that the practice cost the government valuable time in
putting together its case.
The Justice Department filed the lawsuit against Google in
2020, accusing it of violating antitrust law in its handling of its search
business. Trial was set for September 2023. © Reuters