Is the Whistleblower Complaint HEARSAY? - Real Law Review

TL;DR

Critics claim the whistleblower complaint against President Trump is hearsay, but it's important to understand the nature of hearsay and its admissibility in court.

Transcript

• Thanks to Skillshare for keeping LegalEagle in the air. Learn to think like a lawyer for free for two months by clicking the link in the description. The dominant counter-narrative against the whistleblower complaint is that it is hearsay, and the critics' claim that the whistleblower complaint is hearsay is absolutely true. In places, it's actua... Read More

Key Insights

• 👍 Hearsay is an out-of-court statement offered to prove the truth of the matter asserted and is generally inadmissible in court.
• 💪 However, hearsay can sometimes be strong evidence depending on the circumstances and exceptions to the hearsay rule.
• 📣 The whistleblower complaint against President Trump contains hearsay, but the primary evidence such as the transcript of the phone call can corroborate some of the allegations.
• 💼 Hearsay is often used in grand jury proceedings and even previous impeachment cases.

Questions & Answers

Q: What is hearsay and why is it considered unreliable in court?

Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. It is considered unreliable because the person making the statement cannot be cross-examined, and their credibility cannot be assessed.

Q: Are photos, videos, and audio recordings considered hearsay?

Yes, photos, videos, and audio recordings are considered hearsay because they are recordations of statements made outside of court. However, they can be admitted into court if they meet certain exceptions to the hearsay rule.

Q: Are there any circumstances where hearsay is admissible in court?

Yes, there are numerous exceptions to the hearsay rule, and hearsay can be admissible depending on the circumstances. Some exceptions include statements against interest, present sense impressions, business records, and records of public office.

Q: Can hearsay be used in impeachment proceedings?

Yes, hearsay can be used in impeachment proceedings. The Senate rules allow for the use of hearsay, and previous impeachment cases have involved hearsay evidence.

Summary & Key Takeaways

• Lindsey Graham and other Republicans argue that the whistleblower complaint against President Trump should be disregarded because it is based on hearsay.

• Hearsay is an out-of-court statement offered to prove the truth of the matter asserted, and it is generally inadmissible in court.

• However, there are numerous exceptions to the hearsay rule, and hearsay can sometimes be strong evidence depending on the circumstances.