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September 17, 2004
NYT Corrections Reveal Burkett Lawyer's Oddball Views

The New York Times runs a series of corrections on its Rathergate coverage in today's edition that makes a reader wonder what exactly they got right. They blow a quote and can't fact-check George Herbert Walker Bush's resume, even though the guy turned out to hold a fairly significant job later on. (See: White House, 1989-1993.)

But what I find interesting is the quote they blew. David Van Os represents Bill Burkett and also is running for the Texas Supreme Court. Here's what Van Os has to say about forgery:

Mr. Van Os posed a hypothetical chain of events in which someone - not Mr. Burkett, he said - reconstructed documents that the preparer believed existed in 1972 or 1973. Mr. Van Os then asked "what difference would even that make" to the "factual reality of where was George W. Bush at the times in question and what was he doing?"

I hope the ACLU is paying attention in Texas, because it appears that Mr. Van Os has no concept of the "fruit from the poisoned tree" philosophy of evidence review. When someone in Van Os' court for either criminal or civil cases attempts to use fraudulent evidence, does Van Os really allow its consideration in determining "factual reality"? Suppose the First Mate wanted to divorce me in Van Os' court, and she photoshopped a picture of me in bed with, oh, Charlize Theron to "prove" my infidelity. (Ya gotta dream big.) Would Van Os knowingly accept that faked photograph as proof because it fits in with the "factual reality" of my cheating ... just because the FM "believes" that's what happened?

If that's an example of the Van Os legal mind, then he and Burkett deserve each other, and Texans should choose almost anyone else for their Supreme Court opening.

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Posted by Ed Morrissey at September 17, 2004 5:48 AM

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» Ladies And Gentlemen, Meet Randall Flagg from Knight Of The Mind
In a really stunning development, Bill Burkett, the source of the Kinko's document dump that cBS based their latest anti-Bush hit piece on, has a long-standing axe to grind with George Bush. [Read More]

Tracked on September 17, 2004 10:36 AM

» Ladies And Gentlemen, Meet Randall Flagg from Knight Of The Mind
In a really stunning development, Bill Burkett, the source of the Kinko's document dump that cBS based their latest anti-Bush hit piece on, has a long-standing axe to grind with George Bush. [Read More]

Tracked on September 17, 2004 10:37 AM



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