Ya, but I am not talking about any Trump criminal trial. The government can authenticate its own.
But in Trump's RICO suit, how can he introduce these documents? Who is going to authenticate them? You know those agencies aren't going to help him out. And if they lie and say they are not authentic, how can he prove otherwise? Plus, without those docs, his RICO suit might get 12(b)(6)'d cuz it would be conclusory allegations instead of facts. I can't believe for a second that he could simply mark them as an exhibit and have them admitted...
The FRE of evidence would have nothing to do with surviving a 12b6 motion, the admissibility of the documents wouldn’t matter in that context.
If he did need to admit them, he would subpoena the custodian of records for whatever agency maintains them to authenticate them. They would probably do so my stipulation or affidavit as it’s so routine. He’s former POTUS so it’s very difficult to argue their authenticity (as POTUS he would have had access to all manner of documents).
Just because it’s admissible doesn’t mean the substance of the documents just fly in - if he is admitted the documents for the truth of the matter asserted in the documents, he would essentially need to subpoena the author of the documents to avoid hearsay problems (unless it falls into a hearsay exception).
But none of that would have any bearing on. 12b6, and none of that would help him in a separate RICO case.
Ya, but I am not talking about any Trump criminal trial. The government can authenticate its own.
But in Trump's RICO suit, how can he introduce these documents? Who is going to authenticate them? You know those agencies aren't going to help him out. And if they lie and say they are not authentic, how can he prove otherwise? Plus, without those docs, his RICO suit might get 12(b)(6)'d cuz it would be conclusory allegations instead of facts. I can't believe for a second that he could simply mark them as an exhibit and have them admitted...
The FRE of evidence would have nothing to do with surviving a 12b6 motion, the admissibility of the documents wouldn’t matter in that context.
If he did need to admit them, he would subpoena the custodian of records for whatever agency maintains them to authenticate them. They would probably do so my stipulation or affidavit as it’s so routine. He’s former POTUS so it’s very difficult to argue their authenticity (as POTUS he would have had access to all manner of documents).
Just because it’s admissible doesn’t mean the substance of the documents just fly in - if he is admitted the documents for the truth of the matter asserted in the documents, he would essentially need to subpoena the author of the documents to avoid hearsay problems (unless it falls into a hearsay exception).
But none of that would have any bearing on. 12b6, and none of that would help him in a separate RICO case.