I don't often find myself defending the Justice Department. For years in the courtroom I battled federal prosecutors and FBI agents, often accusing them of deliberately withholding evidence. In response, the government always claimed that the withheld documents were irrelevant and not "material" to my case.
This familiar mantra surfaced last week in the Justice Department's mea culpa letter to the McVeigh defense lawyers. Justice floated it in hopes that the media would pick it up and repeat it. And we did. But the government's argument is laughable. How would a prosecutor know what's important to a defendant's case? Prosecutors...
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