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View Diary: Tsarnaev Presumed Guilty: Government Leaks Ill-Gotten Incriminating Statements (180 comments)

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  •  It's one thing for the press to condemn (7+ / 0-)

    Tsarnaev, and I'd be the first to defend their First Amendment rights to do so. It's another matter entirely for the government to smear him - see my comment below on legal and ethical rules.

    My book, TRAITOR: THE WHISTLEBLOWER & THE "AMERICAN TALIBAN," is Amazon's #1 Best Seller in Human Rights Books for February 2012.

    by Jesselyn Radack on Fri May 03, 2013 at 07:03:16 AM PDT

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    •  Please explain to us how the govermnent has (7+ / 0-)

      "smeared" Tsarnaev by publicly stating what they believe the facts of this case are.

      Non futuis apud Boston

      by kenlac on Fri May 03, 2013 at 07:23:39 AM PDT

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      •  There are no "facts" in this case yet. (4+ / 0-)

        They have suspicion, opinion and possibly evidence.

        All of which, if valid, must be revealed in a court of law. Whereby a judge and jury will decide if what is presented is "fact".  

        question of fact n. in a lawsuit or criminal prosecution, an issue of fact in which the truth or falsity (or a mix of the two) must be determined by the "trier of fact" (the jury or the judge in a non-jury trial) in order to reach a decision in the case. A "question of fact" may also be raised in a motion for summary judgment which asks the court to determine whether there are any questions of fact to be tried, allowing the judge to rule on the case (usually to dismiss the complaint) at that point without a trial. "Questions of fact" are distinguished from "questions of law," which can only be decided by the judge

        Why don't we have a public policy of "we don't discuss ongoing investigations" or "we can't comment on pending litigation"?

        Oh wait, they invoke these arbitrary "standards" when they feel like it.

        -7.62; -5.95 The scientists of today think deeply instead of clearly. One must be sane to think clearly, but one can think deeply and be quite insane.~Tesla

        by gerrilea on Fri May 03, 2013 at 08:06:53 AM PDT

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