11-07-2016, 03:45 AM
After further review of the footage I also conclude that the FBI erred by failing to consider Clinton's unsworn public remarks and her sworn testimony to Congress in evaluating the evidence of the extent of her knowledge and intent. The Federal Rules of Evidence clearly provide that prior inconsistent statements are admissible against a witness under Rule 613; and (in certain circumstances, also consistent statements) are not rendered inadmissible by operation of the hearsay rule, Rule 801. I should also remark that, even if such evidence were "inadmissible" at a criminal trial, it can and should serve as the basis for establishing probable cause. I conclude that, since the FBI did not (by the representations made by Director Comey in his Congressional testimony) consider such statements as evidence in its investigation, they made a second serious error in their evaluation of the strength of the case.
Basically, I mean that if she lied to Congress and to the public at large, that is evidence (atop the other evidence against her) of her awareness that what she was doing was wrong (the "mens rea" aspect that formed the basis of Director Comey's decision not to bring charges).
Basically, I mean that if she lied to Congress and to the public at large, that is evidence (atop the other evidence against her) of her awareness that what she was doing was wrong (the "mens rea" aspect that formed the basis of Director Comey's decision not to bring charges).
"All that is necessary for tyranny to succeed is for good men to do nothing." (unknown)
James Tracy: "There is sometimes an undue amount of paranoia among some conspiracy researchers that can contribute to flawed observations and analysis."
Gary Cornwell (Dept. Chief Counsel HSCA): "A fact merely marks the point at which we have agreed to let investigation cease."
Alan Ford: "Just because you believe it, that doesn't make it so."
James Tracy: "There is sometimes an undue amount of paranoia among some conspiracy researchers that can contribute to flawed observations and analysis."
Gary Cornwell (Dept. Chief Counsel HSCA): "A fact merely marks the point at which we have agreed to let investigation cease."
Alan Ford: "Just because you believe it, that doesn't make it so."

