While the theories are fine, what does one do in the trenches to counter the waiver of the McNulty Memorandum? Why does the government need organizations to waive privilege and work product? Such requests are not just unfair and unjust, they are unnecessary. The government has at its disposal all of the tools necessary to gather the evidence that it legitimately needs. The government has the USEPA Criminal Investigation Division, the FBI, and other agencies. The government has subpoena powers and
grand jury investigations. The government has the power to compel testimony (not just attendance of witnesses) through compulsion and immunity orders. In other words, the deck is already stacked in the government