Rather: when the adversary system isn't looking for the truth

Beldar, the lawyer and blogger, has been most critical of the Rather complaint against CBS, but argues that this is a case where the adversary system is no way to get to the truth because neither side could bear that. But there is a huge question whether CBS actually does want to take advantage of this splendid opportunity to prove in court, once and for all, that the documents Dan Rather was peddling to the American public were forgeries. It didn't press the Thornburgh-Boccardi Panel to come to a conclusion on that point - just like it didn't press the Panel to go bare-knuckled when it came to assessing Dan Rather's personal share of blame. Until now, CBS has only cared about "boardroom truth" - which often is, shall we say, a more malleable concept by its very nature.And that's why Rather's case - as incredibly, stinkingly, appallingly, cosmically bogus as it is - nevertheless has some considerable settlement value: Not because CBS is likely to lose to Rather if the truth...(Read Full Post)

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