Law Practice,
Appellate Practice
Jul. 5, 2022
Hearsay? Probably not, and the rule doesn’t apply to Congressional hearings
Even if a witness ultimately does testify to hearsay before the January 6 Committee, the Rules of Evidence do not apply to Congressional Committee hearings.
Daniel Broderick
Broderick is a former federal prosecutor and defense attorney, as well as a law school professor.
Rather than address the implications of former White House aide Cassidy Hutchinson’s recent testimony before the House January 6 Committee, Republicans on the House Judiciary Committee have chosen to dismiss her statements as hearsay. This reflects a profound misunderstanding by these lawyers of that concept.
Under Rule 801 of the Federal Rules of Evidence, hearsay is an out-of-court statement offered by a party to prove the truth of the m...
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