|
I doubt that General Sanchez has ever practiced law in federal or state courts, because had he done so, he would know that a Truth Commission would create big headaches for the lawyers and judges in a subsequent trial. That is because the Rules of Evidence would not apply in the Truth Commission. It would be difficult to have a fair trial, a trial in which a conviction could be upheld if there had been a previous public proceeding in which evidence was aired without adherence to the strict Rules of Evidence that govern court proceedings. I am shocked that Senator Leahy and other advocates for a Truth Commission who are lawyers have not thought of this. I suspect that they have forgotten how carefully they had to get evidence admitted in trial when they were practicing attorneys. No to a Truth Commission. It is a feel good solution, but we have to choose between a Truth Commission which has wet noodle subpoena authority and no capacity to sentence anyone or even hand down a real verdict and a trial under which the defendants are afforded due process.
|