The prosecution wants to make sure the process by which the evidence was obtained is not truthfully presented, because, as often as not, that process will raise questions.
Alan DershowitzI don't think the law exists to arrive at the truth. If it did, we wouldn't have exclusionary rules, we wouldn't have presumptions of innocence, we wouldn't have proof beyond reasonable doubt. There's an enormous difference between the role of truth in law and the role of truth in science. In law, truth is one among many goals.
Alan DershowitzIn the Pentagon Papers case, the government asserted in the Supreme Court that the publication of the material was a threat to national security. It turned out it was not a threat to U.S. security. But even if it had been, that doesn't mean that it couldn't be published.
Alan DershowitzAsymmetrical warfare is a euphemism for terrorism, just like collateral damage is a euphemism for killing innocent civilians.
Alan Dershowitz