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Thursday, September 23, 2004

Score One for the Lawyers. 
I can't remember who first brought up the argument, but it goes like this: the intellectual rigorousness and disciplined critical thinking skills expected of law school students and lawyers put to shame anything commonly encountered in our nation's journalism schools.

I've never been in a journalism school, but having sat through the intellectually slovenly farce known as 'teacher education and certification curriculum' once upon a time, I can see the validity of the argument.

So what would you expect to see when you have a practiced attorney--in this case Powerline Blog's John Hinderaker--matching debating skills with a former vice president of CBS News?

Why, the lawyer puts him down like a sick animal, of course!

BORGER (The HOST): Well, and the rest is obviously history. Now, Jon Klein, let me ask you--it turns out that this blogger BuckHead is Harry McDougald, who is a very conservative lawyer from Atlanta. Who holds the bloggers responsible here in this battle to control the media?

Mr. JON KLEIN (Former CBS News Executive Vice President): Well, to hear them tell it, they hold themselves responsible. And, you know, that's fine as far as it goes; it's just not any kind of a third-party or any kind of a reliable check or balance against them. They are, you know, journals of opinion. And if they're taken that way, they can be useful. But we can't confuse the opinion of a guy shooting off an e-mail from BuckHead, Georgia, as fact.

Mr. HINDERAKER: I don't understand that, Jonathan. Are you saying that Republicans somehow don't have standing to point out forgeries?



Devastating. Klein's argument is shattered almost before he presents it. The concept of standing--something that would immediately occur to any first year law student--hits Klein's set of assumptions like a boot hits a crotch. Hard. Of course Republicans have standing to point out forgeries. As does any member of a defrauded public.

Klein has no idea how to recover. His counterargument is incoherent. It's inane.

Mr. KLEIN: It's not standing. It's just: What do we make of it? You know, it's somebody's opinion until it's proven.


The question at issue is not a matter of opinion. It is a finding of fact. Were the documents forged, or not? And the series of facts leading to the conclusion that the documents were forgeries is undeniable. Either the fonts match, or they don't. Either the formatting of the memo matches the formatting in common usage at the time, or they don't. Either the memo matches perfectly with the default settings on Microsoft Word, or it doesn't.

There's an old adage: We're all entitled to our opinion. But not our own facts. The memos fell on the facts. Not opionions.

What's alarming is here we have someone who rose to the senior executive level at the Tiffany Network, and he doesn't even have the candlepower upstairs to discern fact from opionion. There is no evidence here that he even understands the difference between the two.

What does that say about the climate of intellectual rigorousness at CBS News?

Splash, out

Jason




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