Today Ron Kuby responded to my post “Pardon me: An update.” Ron was a little slow on the uptake, but I wouldn’t want readers to miss what he had to say, if only for the entertainment value:
Scott asks: “Does she have to be convicted of an act in order to have committed it?” In America, when a journalist or pundit specifically accuses someone of driving a getaway car as part of a felony murder in which three people including two police officers die, the answer should be “yes.” The facts are that two U.S. Attorneys refused to try Rosenberg for these crimes, despite her repeated requests that they do so. It is equally true that Mary Jo White, as U.S. Attorney, repeatedly and successfully used these allegations, that she refused to submit to a jury, to convince the Parole Commission to keep Rosenberg in jail–until President Clinton intervened. Notwithstanding the collective hatred of the left here in the crazy pool, I am surprised that people are comfortable with the idea that a federal prosecutor can use allegations that she refuses to take to trial as the basis to keep someone in prison forever.
Going back to my original comment–Scott’s reference is factually inaccurate and is little more than an ipse dixit. My experiences with David H. are that he tries to set a high bar for factual accuracy, which is why I bothered to write in the first place. Obviously, standards have slipped a bit and I leave you all to your devolving conversation. Bye. Ron
Kuby is freely slinging it here. I will just respond to his point regarding Rosenberg’s participation in the events leading to the death of the Nyack police officers and the Brink’s guard. Kuby says that the assertion of Rosenberg’s participation in these events is unsupported, calling it an ipse dixit (“he said it himself”). The term is legalese for a statement that is supported only by the assertion of the person making it — a statement that is essentially unsupported.
By Kuby’s own admission, however, the statement regarding Rosenberg’s guilt of the acts in issue is supported by former United States Attorney Mary Jo White (among others). By contrast, incidentally, Kuby’s characterization of the assertion as factually inaccurate is genuinely lacking in support, i.e, an ipse dixit. In any event, I don’t need to resort to Latin to point out that Kuby’s characterization of the assertion is self-refuting.