01-25-2014, 02:50 PM
@HawaiiCorruption
Excuse me, but you contradict yourself within your own paragraph.
I agree with you that all attorney's are held to the standard of what they say in court must be what they reasonably believe to be, the TRUTH.
However, with all due respect sir/madam, "Reasonably Believe" to be the truth - is a far stretch from a "fact"!
A "fact" is:
: something that truly exists or happens : something that has actual existence
: a true piece of information
Attorney's use "reasonable belief" routinely in their oral and written arguments before courts and judges. That's why they are "arguments".
Apparently, the Prosecutor's arguments were enough to sway the Judge to seal the documents. Most times, the attorney's credibility also plays into determination of the argument. But in this matter the Judge never asked for "proof" of what truly existed or happen, and granted the Motion To Seal.
But let's remember what the hearing was for, again for the Motion To Seal, and only that! Meaning that the degree in which the Judge needed to grant the motion, was minimal with only a reasonable argument necessary, and as you know "it worked"!
Still on point, Rob?
Excuse me, but you contradict yourself within your own paragraph.
I agree with you that all attorney's are held to the standard of what they say in court must be what they reasonably believe to be, the TRUTH.
However, with all due respect sir/madam, "Reasonably Believe" to be the truth - is a far stretch from a "fact"!
A "fact" is:
: something that truly exists or happens : something that has actual existence
: a true piece of information
Attorney's use "reasonable belief" routinely in their oral and written arguments before courts and judges. That's why they are "arguments".
Apparently, the Prosecutor's arguments were enough to sway the Judge to seal the documents. Most times, the attorney's credibility also plays into determination of the argument. But in this matter the Judge never asked for "proof" of what truly existed or happen, and granted the Motion To Seal.
But let's remember what the hearing was for, again for the Motion To Seal, and only that! Meaning that the degree in which the Judge needed to grant the motion, was minimal with only a reasonable argument necessary, and as you know "it worked"!
Still on point, Rob?

