In today's distorted world of 'human rights,' truth takes a back seat to ideology, and false claims - especially those that 'support' radical ideologies - persist even after they have been exposed.
The prosecution wants to make sure the process by which the evidence was obtained is not truthfully presented, because, as often as not, that process will raise questions.
Ed Koch will never "rest in peace." That was not his way. He was always nervously squirming, while making others squirm as well. Comfort was not his goal. He understood that to be a proud and assertive Jew meant never being able to leave a sigh of relief and say "it's over, we are at peace, we can now put down our guard and relax."
In representing criminal defendants - especially guilty ones - it is often necessary to take the offensive against the government: to put the government on trial for its misconduct. In law, as in sports, the best defense is often a good offense. The courtroom oath - to tell the truth, the whole truth and nothing but the truth - is applicable only to witnesses... because the American justice system is built on a foundation of not telling the whole entire truth.
We all learn in school that the judicial, legislative and executive branches of government must check and balance each other. But other non state institutions must participate in this important system of checks and balances as well. These checking institutions include the academy, the media, religious institutions and NGOs.
Law is an imperfect profession in which success can rarely be achieved without some sacrifice of principle. Thus all practicing lawyers -- and most others in the profession -- will necessarily be imperfect, especially in the eyes of young idealists. There is no perfect justice, just as there is no absolute in ethics. But there is perfect injustice, and we know it when we see it.
Censorship laws are blunt instruments, not sharp scalpels. Once enacted, they are easily misapplied to merely unpopular or only marginally dangerous speech.
I love discomfort. I mean, my whole life is discomfort. One reason I can never retire is that the idea of just sitting on the beach totally comfortable is not a desideratum in my life. I like ambiguity, I like conflict, I like uncertainly.
Students throughout the totalitarian world risk life and limb for freedom of expression, many American college students are demanding that big brother restrict their freedom of speech on campus. This demand for enhanced censorship is not emanating only from the usual corner - the know-nothing fundamentalist right - it is coming from the radical, and increasingly not-so-radical left as well.
It's never acceptable to target civilians. It violates the Geneva Accords, it violates the international law of war and it violates all principles of morality.