Dems dismiss them but affidavits mean something to courts
Wednesday, November 11, 2020
Billy Davis (OneNewsNow.com)
The Trump campaign claims it has obtained a stack of signed affidavits from witnesses alleging voter fraud, and a former prosecutor says such legal evidence should not be dismissed out of hand as politics.
Speaking on Monday at a White House press conference, the one that Fox News cut away from, RNC chair Ronna McDaniel told reporters the campaign has obtained 131 affidavits and more than 2,800 incident reports since Election Day.
“As you guys can understand,” she told reporters, “with 2,800 incident reports, this is a lot to track down. It means we're interviewing these people, we're getting their statements, and we're turning them into affidavits. But that takes a lot of time and effort.”
Regarding those affidavits, former assistant district attorney Abraham Hamilton III says an affidavit is considered “testimonial evidence” that is allowed in court.
“An affidavit is testimonial evidence reduced to writing,” he tells OneNewsNow. “When witnesses provide affidavits, they do so under penalty of perjury.”
Hamilton, who prosecuted criminals in the New Orleans area and in Houston, Texas, is currently general counsel at the Mississippi-based American Family Association, the parent organization of American Family News, which operates OneNewsNow.
“For anyone to assert that testimonial evidence, including testimonial evidence presented in writing via affidavits, is not evidence,” Hamilton advises, “they are either intentionally duplicitous or they are ignorant concerning legal evidence.”
Yet reporters at the Monday press conference seemed to do just that.
Trading turns at the microphone, McDaniel and press secretary Kayleigh McEnany said eyewitness allegations include poll workers back-dating ballots; poll workers wearing pro-Biden apparel; poll workers coaching voters to vote for Biden; state officials allowing Democrat-heavy counties to perform early voting; poll workers intimidating poll watchers; voters allowed to “cure” ballots to help Democrats; and poll workers allowing voters to vote in person after they received an absentee ballot.
“Do you have any evidence,” a reporter then asked McDaniel, “that you can show us today that shows that illegal votes were cast?”
“I think I just went though that with you,” McDaniel replied, “with somebody backdating ballots. That’s called illegal.”
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