WOW !!!!!!!!!!. I never realized we had so many experts on the hearsay rule. Perhaps those of you wh9 have read the Mitchell Report AND actually know something about the applicable law would not mind answering a few questions for me.
1) Isn't using a prescription drug without a prescription a violation of federal and (most if not all* state law. Does Rush Limbaugh ring a bell with anyone?
2) Was anyone put under oath acccording to the Mitchell Report? Probably not would be my answer since Mitchell said he did not have the power to subpoena or the power to search during his "investigation"? How would he have the power to put anyone under oath? But if he could and insisted on it, isn't there a cath 22? False swearing is against the law also, even if it is not in a judicial context isn't it?
3* Besides the Player's Union telling the "accused" to not talk to Mr. Mitchell, isn't it perfectly logical that if you ever used a prescription drug without a prescription you would not want to tell someone who was going to publish a report about it and name names that you did that since it would be an admission against interest and not hearsay in any subsequent criminal, civil or other quasi-judicial proceeding brought against you?
4* After Mitchell first asked the players to cooperate and later, after the three sources of the information had provided whatever they provided, were the players named given an opportunity to set the record "straight" if they so desired? If they were told the specific allegations and who made them by Mitchell or his staff and still chose not to reply, does their silence speak volumes about the truth or falsity of the allegations? The right against self-incrimination can only be invoked if what you say will incriminate you, can't it?
5* Libel suit heh? What with public figure, actual malice standard and merely quoting the source, probably a pretty though row to hoe, don't you think?
To parody that song the introduced us old timers to Mr. Ed. "A mess, is a mess, of course, of course, unless the mess is made worse, of course, that is, of course, unless a source, talked to Mr Mitch."
TW344