| | | 2soon2b4got10
Is it me or is the GOP getting dumber and dumber??
George Conway just ripped Lindsey Graham a new one for his claim that “hearsay” evidence could not be used against Trump in an impeachment trial.....
@gtconway3d .....It has been a while since you’ve practiced law, so let me help:
* @realDonaldTrump’s incriminating statements are binding admissions against him and are not hearsay under Federal Rule of Evidence 801(d)(2);... under Rule 804(b)(3)‘ s exception to the hearsay rule for statements against penal or other interest;
* To the extent Trump was involved in a criminal conspiracy with... @RudyGiuliani, Giuliani’s statements are also admissible against Trump and are not hearsay under Rule 801(d)(2)(E);
* The memorandum of Trump’s call with Zelensky is admissible under as many as four separate exceptions to the hearsay rule—namely, Rules 803(1) (present sense impression), 803(5) (recorded recollection), 803(6) (record of a regularly conducted activity), and 803(8) (record of a public office).
* In any event, you can be indicted in this country on the basis of hearsay. It happens all the time. And an impeachment is the constitutional equivalent of an indictment. So it follows that the House can consider hearsay in deciding whether to begin an impeachment inquiry, just as prosecutors can consider hearsay in deciding whether to convene a grand jury.
So your argument, Senator, is pure garbage, even assuming that the rules of evidence apply in the impeachment process. But that assumption is trash, too. The hearsay rule needn’t apply even in a Senate trial ..... 11:23 AM - Sep 28, 2019 |
|
