Standard of scrutiny and burden of proof are two separate things. Both are essential elements of skepticism (or at least to what I mean by skepticism), so I think it is important to have a good understanding of what these things are and not to confuse one with the other. Let me try to explain the difference to you. I suspect we have a semantic difference here rather than a real one, and that once you understand what I am talking about you will find you do not disagree with me on this after all.FACT: The AP wrote a story based on an account by an Iraqi police captain...me said:It's possible more evidence will come to light which will tip the balance decisively one way or the other... But until that evidence does come out, we have to look fairly at what we do have. That means subjecting MOI to the same standard of scrutiny as AP.
FACT: The Iraqi Ministry of Information] has gone on the record saying that the quoted source; Police Captain Jamil Hussein is not in their employ...
The burden of proof is on the entity that made the positive claim. By any rational standard the burden of proof that Captain Hussein exists and therefore that this purported attack occurred as reported (or at all for that matter) is the AP's alone.
In a criminal trial, the burden of proof is on the prosecution. It is their responsibility to prove that the defendant is guilty. If they fail to do so, then the defendant is to be considered not guilty. The defense does not need to make any arguments or present any evidence whatsoever, if it so chooses -- and if the prosecution fails to make its case, the defense prevails.
However, if the defense does choose to make arguments, present witnesses, or introduce evidence, then their arguments, witnesses, and evidence are subject to the same standard of scrutiny as prosecution witnesses.
If a prosecution witness says they saw the defendant fleeing the scene moments after the crime occurred, we subject their testimony to scrutiny to see if it is credible. If a defense witness says they saw the defendant miles away at the time when the crime occurred, we subject their testimony to the same type of scrutiny to see if it is credible.
We do not give defense witnesses a free pass simply because the defense was under no obligation to present witnesses. Every claim made in a court of law -- or any other proceeding where we are concerned with getting at the truth of a matter -- should be subjected to critical scrutiny, and the standard of scrutiny should be consistent. If it is relevant to ask whether prosecution witnesses had any biases that might affect their perception or their testimony, then it is relevant to ask those questions of defense witnesses as well. If it is relevant to consider the qualifications of a prosecution witness, then it is relevant to consider the qualifications of a defense witness. The fact that the burden of proof is on the prosecution is irrelevant to this.
The AP reporter said he had met several times with Jamil Hussein in his office at the al-Yarmouk police station. That is a claim which should be subjected to scrutiny. Michael Dean has said that a records check with MOI turned up no mention of Jamil Hussein. That is also a claim which should be subjected to scrutiny. Accepting Dean's statement, without examining it to see what it means and whether it is reliable, would be foolish.
Rejecting Dean's statement does not mean accepting AP's. Accepting Dean's statement does not mean rejecting AP's. The two claims, while related, are not directly in opposition. That is why they need to examined separately. Each is a small piece of evidence in a much larger picture. The fact that we are still missing many of the pieces doesn't mean we can't do a good job of examining the pieces we do have.
By examining all the evidence -- not simply challenging evidence put forward by those we are in disagreement with -- we come to a better understanding, and begin to understand the bigger picture of which the fragments of evidence are tiny pieces. We can often learn a lot by a closer examination of something we've been taking for granted. Why not read Dean's statement a bit more closely -- and with a properly skeptical eye?