Balls, Strikes and Legal Standards

In all the commentary about the Mitchell Report, one point bears repeating: As a report from one private party to another, it need not rely on the “reasonable doubt” standard used in criminal cases or even the “preponderance of the evidence” test used in civil cases. “Due process under law” is a constitutional right guaranteed to us only when its the government doing the investigating and prosecuting. None of the players listed will be losing life or liberty as a result of Mitchells findings.

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