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- Newsgroups: misc.legal
- Path: sparky!uunet!psinntp!panix!eck
- From: eck@panix.com (Mark Eckenwiler)
- Subject: Re: George Bush pardons criminals
- Message-ID: <C067C2.J8x@panix.com>
- Organization: Superseding Information, Inc.
- References: <1992Dec31.002807.11313@newsgate.sps.mot.com> <1992Dec31.160750.19838@panix.com> <1992Dec31.223223.19589@newsgate.sps.mot.com>
- Date: Fri, 1 Jan 1993 10:19:14 GMT
- Lines: 43
-
- In <1992Dec31.223223.19589@newsgate.sps.mot.com>, titmas@chdasic.sps.mot.com sez:
- >In article <1992Dec31.160750.19838@panix.com>, eck@panix.com (Mark Eckenwiler) writes:
- >|>
- >|> This situation is analogous to a standard 4th amendment violation, the
- >|> use of improperly seized evidence at trial. Convictions are on
- >|> occasion overturned (properly, in my view) because the
- >|> gun/knife/bloody shirt was obtained through an illegal search or
- >|> seizure. This legal principle offers no support for the proposition
- >|> that the defendant in such a case is not factually guilty; it means
- >|> only that the constitution does not permit him to be convicted through
- >|> the use of the suppressed evidence, no matter how reliable or
- >|> probative it may be.
- >
- >The analogy fails. Physical evidence did not change when North was forced
- >to testify to Congress. The appeals court told the trial court that it
- >must prove that North's testimony did not affect any of the witnesses
- >testimony. Since North's testimony altered the recollection (and
- >therefore the testimony) of the witnesses the trial court dismissed the
- >charges.
-
-
- Eric, I am deeply impressed by your inability to think this through.
-
- I'll restate the general proposition at issue here: Whether or not
- North's testimony (and that of witnesses influenced by it) was
- properly admissible, there is no reason for doubting its truth.
-
- Even assuming that Bud McFarlane's testimony *was* altered by his
- hearing North's immunized testimony, why does that make McFarlane's
- testimony factually unreliable? Answer: *It doesn't*. Even if Bud
- changed his testimony, he did so in reliance on North's sworn,
- immunized testimony before the Joint Committees.
-
- Unless you can offer some substantial reason for doubting the truth of
- North's testimony, your entire argument fails. Since there is no such
- reason, I suggest you stop displaying your ignorance by repeating
- these irrelevant observations about McFarlane.
-
-
- --
- 797 F. Supp. 186
-
- Mark Eckenwiler eck@panix.com ...!cmcl2!panix!eck
-