A Link and a Comment

January 23, 2014 § Leave a comment

The Link

My friend Chandler Davidson sent me this link to a story in the Washington Post about the impact of the S.Ct.’s Citizens United decision.  It is worth studying.  This decision may turn out to be as historically significant as Dred Scott if it leads to a constitutional amendment destroying the fantasy that corporations are “people”.    Here is the link


The Comment

I heard on the radio that the FBI is interviewing aides of the Hoboken Mayor.  That is bad news for Christy because I am confident they are seeking statements that will be admissible in Court.

Section 801 of the Federal Rules of Evidence includes this exception to the hearsay rule:

Rule 801. Definitions That Apply to This Article; Exclusions from Hearsay

The following definitions apply under this article:

(a) Statement. “Statement” means a person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion.

(b) Declarant. “Declarant” means the person who made the statement.

(c) Hearsay. “Hearsay” means a statement that:

(1) the declarant does not make while testifying at the current trial or hearing; and

(2) a party offers in evidence to prove the truth of the matter asserted in the statement.

(d) Statements That Are Not Hearsay. A statement that meets the following conditions is not hearsay:

* * *

(B) is consistent with the declarant’s testimony and is offered to rebut an express or implied charge that the declarant recently fabricated it or acted from a recent improper influence or motive in so testifying; or

***”(emphasis added)

It seems likely that Hoboken’s Mayor told one or more of her aides, friends or others when the Lieutenant Governor reported to her Christy’s threat to withhold Sandy money if the Rockefeller development plan was not approved.  If she did, those statements will be admissible to rebut the charge that she is making up her current accusations.

I think this is going to become a problem for the Gov.  If the Lieutenant Governor continues to deny that she reported the threat, she will also need a good lawyer.  Somebody should explain to her why Scooter Libby went to the big pen.  18 U.S.C. Sec. 1001 provides for 5 years in jail for making a false statement to a federal agent.


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