I am tired of SOME prosecutors coming on the news saying the DOJ may have a hard time proving

[Fiendish Thingy]

31. You are confusing hearsay, first hand witness testimony and prima facie evidence.

If someone says, in court, under oath, “I saw Trump shoot someone on 5th Ave “, that’s not hearsay, that’s evidence from a direct witness, which can be cross examined in court.

If Cassidy Hutchinson says , under oath in front of a grand jury or in court “Meadows told me that he saw Trump do/say this”, that could be considered hearsay evidence against Trump, but would be first hand witness testimony against Meadows. (And would certainly be a lead in for Meadows to be called to testify, especially in grand jury hearings). If another witness corroborates Hutchinson’s testimony, either confirming what Meadows said, or confirming what Trump is alleged to have said/done, it may or may not be hearsay.

Remember, Hutchinson also testified about Trump’s behaviour, statements and state of mind on that she directly observed on January 6; the example of Trump want the SS to stop searching audience members and let them all in, even though he knew they were armed comes to mind. That’s not hearsay, thats first hand testimony from a direct witness.

There are numerous exceptions to the hearsay rule of exclusion:

There are several exceptions to the rule against hearsay in U.S. law.[1] Federal Rule of Evidence 803 lists the following:
Present sense impressions and excited utterances
Then existing mental, emotional, or physical condition
Statements for purposes of medical diagnosis or treatment
Recorded recollection
Records of regularly conducted activity, including absence of entry in records
Public records and reports, including absence of entry in records
Records or births, fetal deaths, deaths and marriages made pursuant to law
Records of religious organisations of facts of personal or family history, contained in a regularly kept record
Marriage, baptismal, and similar certificates
Family records
Statements in documents affecting an interest in property
Statements in ancient documents
Market reports, commercial publications
Learned treatises
Reputation concerning personal or family history, boundaries, or general history, or as to character
Judgment of previous conviction
Judgment as to personal, family, or general history, or boundaries.
Rule 804 adds several additional exceptions where the declarant is unavailable:
Former testimony
Statement under belief of impending death in homicide or civil actions
Statement against interest
Statement of personal or family history
Forfeiture by wrongdoing