re: #55 KGxvi

That’s actually probably not hearsay. The state of mind exception probably applies. As does the present sense impression exception. Maybe even the recorded recollections exception applies.

FRCP 803

The Twitter JDs are out in force… heresay? LMAO.

Hearsay has multiple exceptions and given that both Comey and McCabe both indicated that they were keeping records, then they may also have FRCP 803(6) on top of 803(1) and 803(5) as well:

Records of a Regularly Conducted Activity. A record of an act, event, condition, opinion, or diagnosis if:

(A) the record was made at or near the time by — or from information transmitted by — someone with knowledge;

(B) the record was kept in the course of a regularly conducted activity of a business, organization, occupation, or calling, whether or not for profit;

(C) making the record was a regular practice of that activity;

(D) all these conditions are shown by the testimony of the custodian or another qualified witness, or by a certification that complies with Rule 902(11) or (12) or with a statute permitting certification; and

(E) the opponent does not show that the source of information or the method or circumstances of preparation indicate a lack of trustworthiness.