204
Opinion of the Court
Congress' silence as an implicit rejection of waivability. Respondent bears the responsibility of identifying some affirmative basis for concluding that the plea-statement Rules depart from the presumption of waivability.
Respondent offers three potential bases for concluding that the Rules should be placed beyond the control of the parties. We find none of them persuasive.
A
Respondent first suggests that the plea-statement Rules establish a "guarantee [to] fair procedure" that cannot be waived. Brief for Respondent 12. We agree with respondent's basic premise: There may be some evidentiary provisions that are so fundamental to the reliability of the factfinding process that they may never be waived without irreparably "discredit[ing] the federal courts." See 21 Wright & Graham § 5039, at 207-208; see also Wheat v. United States, 486 U. S. 153, 162 (1988) (court may decline a defendant's waiver of his right to conflict-free counsel); United States v. Josefik, 753 F. 2d 585, 588 (CA7 1985) ("No doubt there are limits to waiver; if the parties stipulated to trial by 12 orangutans the defendant's conviction would be invalid notwithstanding his consent, because some minimum of civilized procedure is required by community feeling regardless of what the defendant wants or is willing to accept"). But enforcement of agreements like respondent's plainly will not have that effect. The admission of plea statements for impeachment purposes enhances the truth-seeking function of trials and will result in more accurate verdicts. Cf. Jenkins v. Anderson, 447 U. S. 231, 238 (1980) (once a defendant decides to testify, he may be required to face impeachment on cross-examination, which furthers the " 'function of the courts of justice to ascertain the truth' ") (quoting Brown v. United States, 356 U. S. 148, 156 (1958)); Note, 46 Harv. L. Rev., at 142-143 ("[A] contract to deprive the court of relevant testimony . . . stands on a different
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