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.
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.