October 26

Beginner’s Guide to Evidence

Here’s how you should think about EVIDENCE:

1. Is it relevant? Does it make one set of facts more or less likely to be true?

2. Is it UNFAIRLY prejudicial? (Note “unfairly”. All decent evidence is prejudicial one way or another. It is unfairly prejudicial if the prejudice outweighs the probative value.)

3. Is it admissible? E.g., if hearsay, is there an exception? Is it once of the four times when what would normally be hearsay is statutorily declared not to be hearsay, e.g. declaration by a party opponent.) MOST HEARSAY COMES IN under one of the exceptions. That’s why Comey and these diplomats took detailed notes immediately after convo with trump (present recollection recorded exception) Remember, hearsay is an out of court statement offered in court to prove the truth of the matter asserted.

4. Is there a privilege and has it been invoked by the holder of the privilege? You already see this coming up, where every swinging poophead in this party claims that the conversation is covered by executive privilege.

That’s all there is to it, and that’s the order in which you should think about it.

Yeah, there’s a LOT MORE TO IT THAN THAT, but that’s how you start to think about it and understand the conversations going on. Just listening to CNN right now where they’re discussion whether Taylor’s testimony about Sonderland convo is hearsay or not.


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