Hearsay evidence is not allowed at trial because it lacks credibility. I can't testify in court 'Susan Rice said Clinton is not ready' because its hearsay and, for all I know, Susan Rice was lying through her teeth.
There is a major exception to the Hearsay rule called 'Statement Against Interest.' Basically, if someone says something that goes against their interest, they have no motive to lie, and so the statement is credible. So in court, I could testify 'Susan Rice said Barack Obama is not ready to be Commander-in-Chief.' That would be credible evidence against Obama.
Rice has a motive to lie about Senator Clinton. She has no motive to criticize Obama. Her statement that Obama is unqualified to be President goes against her interest in becoming 'de facto President' in Obama's figurehead administration. She lied about Hillary and blurted out the truth about Obama.
"(3) Statement against interest. A statement which was at the time of its making so far contrary to the declarant's pecuniary or proprietary interest ... that a reasonable person in the declarant's position would not have made the statement unless believing it to be true.
Literally, by the Federal Rules of evidence, Susan Rice's statement that Obama is not ready has more legal credibility than her attack on Hillary.
Susan Rice thinks she will be the one to take that 3AM call while Obama is hiding under the covers. She can't wait to be de facto President, which is why her enthusiasm over Obama's lack of readiness bubbled over and she blurted out the truth. But who is Susan Rice?
She is so not Condoleezza Rice. Larry Johnson at No Quarter tells us who Susan Rice is not ready to be 'de facto President'-- not by a long shot.
Obama is so typical. Clinton's paid media assassin Howard Wolfson was interrupted by Bob Bauer, a contract killer paid by Obama's shadow handlers, during a media call in which Wolfson accused Obama of dirty tricks in the Texas caucus. Bauer claimed Wolfson was only making these charges against the caucus system because Clinton wasn't winning caucuses.
This is a silly argument for a lawyer to make: Plaintiff's attorney files a brief for her/his client. Defendant's attorney stands up and says, you're just saying that because you represent the plaintiff. Duh!
We don't throw out the plaintiff's case because the plaintiff stands to gain from the evidence they introduce. In fact, with nothing to gain or lose, you have no standing to sue in court. Our civil system is based on the principle that only the 'real party in interest' is going to get off her/his lazy ass and find some evidence. What are we supposed to do, let clueless Tucker Carlson tell us what's happening on the ground in Texas? ("You mean Obama has been playing the race card? Gee, I didn't know that.")
Of course Wolfson is making these charges to help Clinton. And Bauer interrupted the call to help Obama. The Wolfson-Bauer shootout wasn't really about Obama stuffing the ballot box in the Texas caucus. Bauer was doing pre-emptive damage control; he knew Obama was going to lose the Texas primary. Because Texas holds both a primary and a caucus on the same day, if Obama won the caucus but lost the primary, this would prove Clinton's case that caucuses are non-representative. And since caucuses are non-representative, they should not control superdelegates.
Count on Obama's paid bullshitters to try to confuse the issue. But this isn't about the legitimacy of caucus wins (if you win a caucus, you get the winner's share of pledged delegates). It's about superdelegates. Superdelegates should not be bound formally or informally by caucus results. Obama can't claim that superdelegates are 'overturning the will of the people' based on caucus results. Well, he can claim that, but he's full of it.
Last night I took a walk around my neighborhood, around 8pm. Everywhere I saw lights on -- in stores, shops, restaurants, bars. Lights on at night means people are working in those stores, shops, restaurants and bars. People are driving taxi cabs, buses, subways. People clean your office after you get off from work. People work in the hospitals. You see them when you go visit a friend in the hospital when you get off from work. People work in the theatres. They take your ticket stub and sell you popcorn after you get off from work. None of these people--bartenders, bus drivers, nurses, cashiers, cleaning staff--none of them can vote in a caucus between 7-9 pm because they are working.
10-K (that's me) is a digital animator, web developer and novelist. I live in New York. I play piano and guitar. Elsewhere on the net I'm known as kanaan and whoframedrudy. My politics are open. I'm creative director of Teknotikon Studio.