It is common and commonplace for an attorney to put his clients’ case in its most favourable light. Having chosen that position it is less common for the advocate to claim to be disinterested.
Rarer still is the advocate who will cross the line of permitted arguments and advance bare falsehoods:
Of course this is not what occurred. Mr Bush chose to deny the existence of conflicting evidence. More on this later, but for the moment let’s overlook this moment of dishonesty.
Bricker argues that as regards truthfulness, the positions of Ms Boxer and Mr Bush are analogous, to wit: As it takes a close and critical reading of Ms Boxer’s words to discover a lie, it is better to apply a reasonable standard of interpretation and find Ms Boxer has not lied. The same ‘reasonable standard’ should apply to Mr Bush, to to the same result.
2 Issues:
1 - Are Ms Boxer & Mr Bush in analogous positions as regards truthfulness?
2 - Does the ‘reasonable standard’ apply.
1 - analogous?
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Ms Boxer speaks of information in the public domain and widely available.
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Rebuttal of Ms Boxer’s opinion is thereby from a position of equal access to information.
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Mr Bush speaks of information in his privileged possession.
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Rebuttal of Mr Bush’s presentation must rely on the veracity of evidence he presents.
There is I believe a profession that has a term of art for Mr Bush’s position: A position of trust. Faced with the proposition that Mr Bush was in a position of trust:
2 - the reasonable standard?
What is the reasonable standard of exactitude that can be demanded from Ms Boxer and Mr Bush?
When Ms Boxer speaks of matters in the public domain, she is understood to have applied her powers of critical reasoning to those matters when she arrives at the conclusion: “all about WMD.” She argues the other reasons are insubstantial. Accordingly reasonable people undertand her to be truthful.
When Mr Bush speaks from a position of trust, his duty is to the highest standard of truthfulness and impartiality. Plainly, he misrepresented the evidence that was in his exclusive control and failed to discharge his duty. Accordingly reasonable people understand him not to be truthful.
In the alternative, it may be phrased that Mr Bush was negligent in his position of trust, as regards truthful representation of evidence. In old anglo-saxon from whence our legal system springs, this is termed the lie.