Active Now

Element 99
Discussion » Questions » Current Events and News » Why is hearsay allowed for "whistleblowing" and "impeachment" but not in any court in America?

Why is hearsay allowed for "whistleblowing" and "impeachment" but not in any court in America?

Posted - September 27, 2019

Responses


  • 6023
    The answer is simple:
    Congress is in charge of impeachment - but is not part of the Judicial Branch.
    Therefore; Impeachment is NOT a judicial proceeding, it is a political proceeding.
      September 27, 2019 7:58 AM MDT
    4

  • 34240
    So in a sense laws do not apply to our politicans. (In more ways than one)
      September 27, 2019 8:09 AM MDT
    0

  • 46117
    TRUMP?  He is the anti-LAW.
      September 29, 2019 1:38 PM MDT
    0

  • 46117
    Why did you give him Asker's Pick and contradict all of the words over and over and over????
      September 29, 2019 1:41 PM MDT
    0

  • 44600
    To answer your question, even though I despise trump, I have to agree with you and mentioned that to my wife during the morning news.
      September 27, 2019 9:17 AM MDT
    1

  • 34240
    Right it would not fly in a court of law. 
      September 27, 2019 10:07 AM MDT
    1

  • 19937
    The House of Representatives is NOT a court of law.  You can compare it to the District Attorney's office which indicts the alleged criminal.   This post was edited by SpunkySenior at September 28, 2019 9:04 AM MDT
      September 28, 2019 8:37 AM MDT
    1

  • 34240
    Ok. But a DA is not allowed to use hearsay. 

    From what I can tell in this the House is the investigator, the DA,  the grand jury and the PA.  
    So if they get to the PA state then they are not allowed to use hearsay (then they are in court) 

    I do find it interesting that it was only recently that it was changed to allow a whisleblower to be hearsay and be creditable. This change was in Aug 2019. Before this change it would have been threw out. 
      September 28, 2019 2:26 PM MDT
    0

  • 19937
    What "PA" are you referencing?  
      September 28, 2019 3:43 PM MDT
    0

  • 34240
    The House. From what I can tell the House acts as the Investigators (they are issuing subpoenas etc now), the DA is Schiff, the entire House will be the Grand Jury. If they impeach (indict) then they will become the PA in impeachment. (Will the PA (House via Schiff etc) still be allowed to use heresay in the trial part where Justice Roberts presides and Senate is the jury? 

    PA in this case is the House, still. 
      October 2, 2019 8:05 AM MDT
    0

  • 19937
    Here is a simplified version of the impeachment process.  Perhaps it will help us all to understand it.
     
      September 28, 2019 9:25 AM MDT
    3

  • 7280
    I like what I would hope the Cliff notes version might say:  Announcement--->Removal.
      September 29, 2019 3:12 PM MDT
    1

  • Actually almost everything unclassified in this whistleblower complaint could be admissible in virtually any court. 

    All the noise & outrage arguing that it's invalid is coming from people who don't know the real rules on hearsay, or choose to ignore them.
      September 27, 2019 4:30 PM MDT
    2

  • 34240
    No it is hearsay and the exceptions do not apply. So no not allowed in court.
      September 28, 2019 2:30 PM MDT
    0

  • 5391
    So you have been hiding your law degree then? Smh

    M2c, it appears that you cannot assimilate that there is a difference between a complaint and testimony. Despite all of the various attempts to explain it to you, no amount of reason sinks in. 
    It is fair to observe many here recognize this continuing theme in your posts. This post was edited by Don Barzini at October 31, 2019 7:36 AM MDT
      September 28, 2019 3:51 PM MDT
    3

  • 34240
    I was responding to the statement made that it would be allowed in court....no it would not. I do not need a law degree to read the law. 
      September 29, 2019 7:03 AM MDT
    0

  • 7280
    Maybe not to read it, but I see some indication that understanding the law that one reads is facilitated by having taken a law course or two---like maybe Criminal Law 101 and Civil Law 101.
      November 4, 2019 11:50 AM MST
    0

  • 7280
    Indeed---as they say, even if one falls asleep every time one goes to the opera, one is still able to recognize the March of the Toreadors from Carmen.

    https://www.classicfm.com/discover-music/latest/best-classical-march-music/
      September 29, 2019 3:07 PM MDT
    2

  • 5391
    Love the link. 
      September 29, 2019 4:54 PM MDT
    1

  • 7280
    Google can be everyone's friend---Available on the internet: 

     https://www.reckon.com/reckon-blog/8-powerful-tricks-make-grasp-new-concepts-faster/
      September 29, 2019 3:25 PM MDT
    0

  • Please don't try to assert your own obvious political bias as fact.

    It's plain that exemptions to hearsay exist, and are allowed when statements in complaints provide enough detail to support an investigation. If information found during the course of investigation discloses facts that confirm what's in the complaint, those statements are no longer excluded as hearsay and can be offered as proof.

    That's the process that's been involved in all whistleblower complaints since 1989. The intent has always been to hold government and government officials accountable for unlawful actions  You're freaked out now because this one particular complaint challenges your partisan loyalties. Its clear you believe that certain people in power should be above the law, and even beyond question.

    I have nothing but contempt for that idea, and will not debate you or anyone else over sick, extremist politics.






    This post was edited by Benedict Arnold at November 1, 2019 5:17 PM MDT
      September 28, 2019 8:46 PM MDT
    2

  • 34240
    Just because there are exemptions does not mean they apply. Which of those exemptions would apply to this particular case?

    As for the whistleblower rules...no they have not allowed 2nd hand information since the 1800s. 
    It has been allowed since Aug 2019.  This post was edited by my2cents at September 29, 2019 7:07 AM MDT
      September 29, 2019 7:00 AM MDT
    0

  • Again, you're making an argument that's not based on real facts or actual legal standards : 

    KEWLEY v. DEPARTMENT OF HEALTH AND HUMAN SERVICES

    No. 97-3458 - United States Court of Appeals, Federal Circuit.

    August 20, 1998.

    [Petition for review by an employee of the Department of Health and Human Services following a "protected disclosure" under the Whistleblower Protection Act of 1989, Pub.L. No. 101-12, 103 Stat. 16 (1989) ]

    "It has long been settled, however, that hearsay evidence may be used in Board proceedings and may be accepted as preponderant evidence even without corroboration if, to a reasonable mind, the circumstances are such as to lend it credence. See Hayes v. Department of the Navy, 727 F.2d 1535, 1538 (Fed.Cir.1984). In addition, we have held that procedural matters such as the admissibility of evidence, including hearsay, fall within the sound discretion of the Board and its AJs. See Curtin v. Office of Personnel Management, 846 F.2d 1373, 1378-79 (Fed. Cir.1988)"

    At this point I believe that you'll say anything to prop up your shaky politics. Its really not worth anyone's time to argue with you.

    This post was edited by Benedict Arnold at October 31, 2019 7:39 AM MDT
      September 29, 2019 1:09 PM MDT
    3

  • 7280
    Here it is at 6:03 PM CDT and I can still hear the echoes of the roar of the crowd's approval and the clapping of the applause for this post of yours---over 3 hours later.
      September 29, 2019 5:05 PM MDT
    1

  • To the extent this is a political post, I've got nothing to say . But if what you're really asking for is legal info, there's a pretry clear answer:

    It's misleading to claim that hearsay is "...not allowed in any court in America". In fact, under Federal Court Practice Rule 803  there are over 20 exceptions that allow hearsay testimony to be taken as valid evidence - 

    https://www.rulesofevidence.org/article-viii/rule-803/.
      September 27, 2019 3:49 PM MDT
    4