Bloggers And The Presumption of Innocence

Jeralyn Merritt, a fellow member of the Examiner blog board, has an excellent debut piece there today about bloggers and reporting about Rove in the Plame matter.

As a criminal defense lawyer, I don’t blame Robert Luskin for attacking liberal bloggers in a recent New York Observer interview.

Mr. Rove, Mr. Luskin said, had fallen victim to partisans and — more importantly — the bloggers who became their enablers.

I say this as one of the liberal bloggers writing about Rove. The presumption of innocence is a bedrock of our criminal justice system and representing a client under federal investigation is hard enough without having to endure endless public speculation in which guilt is assumed…

Where I disagree with Luskin is in castigating bloggers as being “enablers” of a partisan agenda and hacks “masquerading” as journalists without accountability…

Were those of us wrong who speculated Rove would be indicted? Yes. But we also were careful to detail and present our reasoning as our interpretation based upon media reports, statements attributed to Luskin and other attorneys involved in the case and pleadings in the Judith Miller/Matthew Cooper subpoena and Scooter Libby cases. How many mainstream journalists bothered to read every pleading, available transcript and court order in both cases? By and large, it was the bloggers, not the mainstream media, who gathered documents from the courts’ Web sites and made them available for all to read and interpret for themselves. Bloggers also educated readers on the legal process, from how grand juries work to the meaning of criminal statutes and the mechanics of cooperation deals.Read it all.

Gimme that old-time religion...
Splish splash...

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