Her attorney should not use any electronic communication that can be monitored, he was a bit stupid that way. It's like using the monitored phones to "suggest" someone commits a crime. What you say on those phones can be used in evidence. However, electronic communication between a client and an attorney can be classified as privileged, and as such it is not copacetic to release it.
As I look more into this one though:
1. First things first, Congress gives itself immunity from these laws. Because of that he's excused regardless of the source.
2. She check marked the box and agreed (signed an agreement) that allowed monitoring of electronic communications from the prison. In order to use the system, you agree that your communication can be monitored.
3. It is illegal for prison guards to release monitored information, the "whistleblower" is the only person who broke the law here, and is not covered by whistleblower laws. This type of communication, while monitored, does not waive the attached privilege other than in the monitoring. Releasing the privileged communication amounts to a violation of 18 U.S.C. § 641.
I believe that the Congressman should not encourage others to break the law simply because he himself is immune because Congresscritters have placed themselves above the law.
