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Political scientist George Friedman alleges that such a deep state has existed since 1871, when the president's power over federal employees was restricted. [12]Historian Alfred W. McCoy argued that the increase in the power of the United States Intelligence Community since the September 11 attacks "has built a fourth branch of the U.S. government" that is "in many ways autonomous from the ...
The state secrets privilege is an evidentiary rule created by United States legal precedent.Application of the privilege results in exclusion of evidence from a legal case based solely on affidavits submitted by the government stating that court proceedings might disclose sensitive information which might endanger national security.
The shadow government, also referred to as cryptocracy, secret government, or invisible government, is a family of theories based on the notion that real and actual political power resides not only with publicly elected representatives but with private individuals who are exercising power behind the scenes, beyond the scrutiny of democratic institutions.
However, under Federal Rule of Evidence 801 and the minority of U.S. jurisdictions that have adopted this rule, a prior inconsistent statement may be introduced as evidence of the truth of the statement itself if the prior statement was given in live testimony and under oath as part of a formal hearing, proceeding, trial, or deposition. [2]
Incontrovertible evidence and conclusive evidence (less formally, concrete evidence and hard evidence) [1] [2] are colloquial terms for evidence introduced to prove a fact that is supposed to be so conclusive that there can be no other truth to the matter; i.e., evidence so strong it overpowers contrary evidence, directing a fact-finder to a ...
A subsequent remedial measure is an improvement, repair, or safety measure made after an injury has occurred. FRE 407 [dead link ] prohibits the admission of evidence of subsequent remedial measures to show defendant's (1) negligence; (2) culpable conduct; (3) a defect in defendant's product; (4) defect in the design of defendant's product; or (5) the need for a warning or instruction.
The silent witness rule is the use of "substitutions" when referring to sensitive information in the United States open courtroom jury trial system. An example of a substitution method is the use of code-words on a "key card", to which witnesses and the jury would refer during the trial, but which the public would not have access to.
The concept "precautionary principle" is generally considered to have arisen in English from a translation of the German term Vorsorgeprinzip in the 1970s in response to forest degradation and sea pollution, where German lawmakers adopted clean air act banning use of certain substances suspected in causing the environmental damage even though evidence of their impact was inconclusive at that ...