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Hornberger’s Blog: October 2005

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Monday, October 31, 2005 Some people are suggesting that Scooter Libby’s allegedly false testimony to a federal grand jury was no big deal and possibly shouldn’t even be charged, at least since the grand jury didn’t charge an underlying crime. They’re missing two important points, however. One is that truth under oath is essential to a properly governing criminal-justice system. The other is that the perjury might well be the obstacle to ferreting out and proving the underlying crime. For example, suppose a person murders another person in the presence of two of his relatives and that the only evidence of the crime is the testimony of the two eyewitnesses. Suppose the two eyewitnesses, when called to testify under oath, intentionally lie to protect their relative, knowing that their perjury will ...

Hornberger’s Blog: October 2005

by
Monday, October 31, 2005 Some people are suggesting that Scooter Libby’s allegedly false testimony to a federal grand jury was no big deal and possibly shouldn’t even be charged, at least since the grand jury didn’t charge an underlying crime. They’re missing two important points, however. One is that truth under oath is essential to a properly governing criminal-justice system. The other is that the perjury might well be the obstacle to ferreting out and proving the underlying crime. For example, suppose a person murders another person in the presence of two of his relatives and that the only evidence of the crime is the testimony of the two eyewitnesses. Suppose the two eyewitnesses, when called to testify under oath, intentionally lie to protect their relative, knowing that their perjury will ...

Hornberger’s Blog: September 2005

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Friday, September 30, 2005 Over the Pentagon’s objections, a federal district judge has ordered the release of Abu Ghraib photographs and videotapes that the Pentagon has been keeping secret from the American people. U.S. Senators who have viewed the material expressed shock and disgust at what they saw, which is saying a lot. The government claims that disclosure of the materials will incite terrorist actions against Americans. What? Wait a minute! I thought the government’s position was that terrorists hate America for its “freedom and values,” not because of the many wrongful acts committed by the U.S. government against people in the Middle East. Well, given the government’s new position that such wrongful acts as torture, sex abuse, rape, sodomy, and murder have a tendency to get foreigners angry ...