Saturday, September 28, 2019

Whistleblower Hearsay Nonissue

Trump's defenders are disparaging the whistleblower report as "hearsay" but that's just silly. MOST of what we make our decisions on in life is hearsay. Think about December 7, 1941:
FDR: "The Japanese have bombed Pearl Harbor"
TRUMP SUPPORTER: "Eh, that's just hearsay."

JUST STOP, OK?

At the most: if this gets to a court of law, the Whistleblower Memo would have to be introduced with some foundation laid for it - which will be easy - ideally the persons who made the statements referred to in the memo could be deposed, or one could simply prove the truth of claims by playing recordings of the call. Until then, for figuring out on a common-sense basis whether Trump was extorting Ukraine by withholding aid (the "quid") in order to extract a "favor" (the "quo") we don't use the Federal Rules of Evidence; we use common sense.
  • Is there corroboration for the claims in the memo? 
  • Was the aid actually withheld? 
  • Has Trump ever said he would accept aid from a foreign government to help his campaign?
  • Was there actually a Crowdstrike server anywhere near Ukraine or is Trump just making stuff up? 
Sometimes legal stuff is hard. This isn't.

No comments: