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re: Trump Trial: Judge Merchan won't allow certain Defense testimony
Posted on 5/20/24 at 8:36 am to MFn GIMP
Posted on 5/20/24 at 8:36 am to MFn GIMP
quote:
He also isn't allowing in an email that was sent to Cohen to impeach his testimony
It literally says in the evidence rules in all 50 states and in the federal rules that an out of court statement used to impeach is not hearsay.
Plus “battle of the experts”? WTAF? There’s always a battle of the experts. He’s just saving Bragg bc they didn’t present an expert in election law.
Hell - Bragg didn’t even identify a crime.
PS - the judge instructs the jury on the law, so usually legal experts are excluded. I don’t see this as totally off base as the freaking hearsay rulings this dude has made.
Posted on 5/20/24 at 9:05 am to Wednesday
quote:
quote:
He also isn't allowing in an email that was sent to Cohen to impeach his testimony
It literally says in the evidence rules in all 50 states and in the federal rules that an out of court statement used to impeach is not hearsay.
Yep. This judge should be removed, disbarred and imprisoned.
As for the expert witness issue, if the other side doesn't use one, that doesn't mean the defense cannot. If the state has presented such testimony, then this is fricking retarded and the defense should seek immediate relief from a higher court.
Posted on 5/20/24 at 12:38 pm to Wednesday
quote:
literally says in the evidence rules in all 50 states and in the federal rules that an out of court statement used to impeach is not hearsay
I haven’t seen the transcript yet, but the blurb I got on the email states it’s an email from an associate of Robert Costello to Cohen. The email author (Costellos associate) gives his understanding of Costellos impression of the meeting.
I don’t know if the defense plans to call Costello
Posted on 5/20/24 at 2:12 pm to Wednesday
quote:
He also isn't allowing in an email that was sent to Cohen to impeach his testimony
This is a much bigger deal to me than the campaign finance guy.
There was a meeting between Cohen and Costello. After the meeting, an email was sent to Cohen saying essentially, "just confirming you said 'x'"
Then, Cohen takes the stand years later in this trial and says 'y'
Defense wants to show him the email and the judge won't let them claiming it was hearsay. Defense even argued that they don't care about the truth of the email because the fact that Cohen received it and never responded is both probative and relevant. Judge disagrees.
This is one of the easiest issues a judge would ever see in a trial. It is 1000000000% admissible/usable by a defense lawyer in that context. Bad judges can make bad rulings, but this one takes the cake...there is no real way to look at it other than intentional bias.
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