Saturday, June 21, 2008

tampering

you can't rewrite documentary evidence. evidence is what it is. you can try to explain what your evidence really means, or supplement it with additional materials. there's another word for "rewriting evidence," that's called "tampering."

all of the bush administration's maneuvers to keep the guantanamo detainees in a kangaroo-style proceeding just goes to show how little actual evidence they must have on these guys. you don't spend years limiting detainees' rights to produce evidence to contest the charges against them unless you're afraid that some of them will, in fact, be able to defeat the government's case. you don't work to first prevent and then (when forced to let them have lawyers) severely limit their lawyers' access to the case unless you fear that someone with legal expertise will be able to see how flimsy the charges are. you don't give the government the ability to use the type of evidence that would be excluded in any other court because it is considered to be unreliable (e.g. hearsay evidence, evidence produced by torture), unless you don't have any solid evidence to rely upon. and you don't ask to tamper (err, "rewrite") the evidence you do have unless you're worried that there's something really wrong with the evidence you already have.

none of us have seen the goods they have against these guys. but the bush administration sure has been acting like they've got almost nothing.