Monday,
September 13 2004
RATHER AND THE COURT OF PUBLIC OPINION:
"Document
analysis isn’t a pure science. It’s not fingerprints
or DNA. It’s a very crude art. You have one expert
testifying one thing and one another... Unless someone shows
us definitive proof that the documents are not authentic,
then we don’t see any reason to carry on a conversation
with the professional rumor mill.” - Dan Rather,
quoted by Broadcasting
& Cable (9/12/04)
This
is a remarkable statement - and not just for its breathtaking
arrogance. Dan Rather introduced documents into the public
domain and used "expert" analysis and the reputation
of his news organization (as well as his own) to vouch for
their authenticity. Now that the authenticity of those documents
have been called into question, Rather is blatantly changing
the standards of proof in an attempt to prevent critics
from fully disproving the negative.
How
can one provide "definitive proof" that the documents
are not authentic when document analysis can be dismissed,
using Rather's own words, as "a very crude art?"
According to Dan, you can't.
Imagine
for a moment this was a real courtroom, instead of the court
of public opinion. Even if Rather thought the documents
were genuine, how far would he get as a prosecutor serving
up forgeries as key pieces of evidence in a high profile
case? Not very far.
The
testimony of Rather's "expert witness" would be
shredded on cross examination. The credibility of his documents
(and the rest of his case) would crumble under the sheer
weight of the technical and forensic evidence generated
against them.
Both
of these things have happened, thanks in large part to the
blogosphere. In a real court of law, Rather's evidence would
have been quickly judged to be inadmissible and he would
have been run out of the courtroom humiliated and embarrassed.
In
the court of public opinion, however, the process takes
a little longer. For the time being, Rather and CBS News
can continue to stonewall by ridiculing their critics as
people in "pajamas" and dismissing the mounting
evidence that they were duped into using forgeries. It doesn't
matter. On the charge of violating the public's trust and
refusing to set the record straight, the verdict is already
in for Rather and CBS News: guilty. - T. Bevan 7:30am
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