Wednesday, August 1, 2018

Excited Utterance

I really haven’t paid a whole lot of attention to Kellyanne Conway since she’s basically a drag version of Trump (have you ever seen the two of them together?  It’s like the restaurant scene in “Mrs. Doubtfire”), but yesterday morning on Fox, when asked about the opening of the trial of Paul Manafort, the former campaign manager for Trump, she offered an interesting insight to the thinking of both her and the White House inner circle.

Bill Hemmer, co-host of American’s Newsroom began his interview with Conway by asking “Paul Manafort, how closely is the president watching this trial that begins today?”

This is a valid question since Manafort was Trump’s campaign chairman for almost six months.

After Conway told Hemmer that it had nothing to do with the Trump campaign, she then launched into a defense of her own behavior that was never asked by the Fox News host.

Conway said, “Obviously, I was the campaign manager for the winning part of the campaign. I can assure you I will not be brought up on any federal criminal charges of any type.”

She continued, “And I certainly wasn’t making money in Ukraine or talking to anyone in Moscow, that’s very clear.” [Emphasis in the original.]

Okay, no one asked if you have any criminal exposure, Ms. Conway, so why bring it up?

My many years of studying law under John J. McCoy taught me that when someone comes up with an “excited utterance,” it’s admissible as evidence.  Or at least makes you wonder why they suddenly offer it.  Something on your mind, Ms. Conway?  Or are you interested in auditioning for a cameo on “Orange is the New Black”?

One bark on “Excited Utterance

  1. Actually an “excited utterance” is an exception to the hearsay rule. (That is, when you testify about something that someone else said it is usually inadmissible as hearsay. But if that someone else made an excited utterance, it can come in even when it is testimony from someone else who heard that person say it). An excited utterance could be inadmissible under some other rule other than hearsay. It does not automatically get in.

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