The secondary source document is only called to impeach testimony of a primary source witness testimony that the document does not exist or cannot be found. The secondary source witness testifies as to the circumstance and events they observed when the subject of the document obtained a certified copy of the document and revealed it to the witness.
Like a birth certificate, the subject of the document can fill out a one page form and pay a filing fee to obtain a certifed copy of the document. A secondary source witness would testify to impeach the testimony of a primary witness the document does not exist or cannot be found. The secondary source witness is not testifying as a primary source witness the document exists and it is authentic. The secondary source is only testifying after the primary source lies about it’s existence under oath. The Court and the defendant are only noticed the secondary source will be called after the primary sources lies about the document under oath. Consequently, it’s not hearsay. It’s testimony about what was observed by the secondary source witness.
I can’t recall one instance where DHS Secretary Napolitano has been named in a lawsuit or notified she may be called as a witness. You’re assuming this will continue to be the case and I’m trying to find a way to present Obama’s Certificate of Naturalization as a secondary source witness who has seen the document and will testify it exists.
Several FReepers have repeatedly demanded I file a sworn statement with Media Personality Zullo or Sheriff Arpaio even though I have repeatedly stated I’m a secondary source witness. And now your trying to convince me I’m a primary source witness and, as such, my testimony will not be allowed because it’s hearsay.
I’m not a primary source witness. I’m a secondary source witness called after primary sources witness testifies Obama’s Certificate of Naturalization does not exist or cannot be found. A secondary source witness cannot be used to prove a government document exists or is authentic. The secondary source witness is used, if necessary, to impeach the false testimony of a primary source witness.
Then it becomes a question of credibility. So, corroborating evidence is neccessary, i.e. a CLN from the State Department, F.B.I. or Treasury Department. Also, the Form SS-5, Application for SSN, and NUMIDENT from SSA and Occidental College applications and transcripts. The evidence is used to corroborate the secondary source witness testimony that the Certificate exists by a preponderence of the evidence and not the Certificate is authentic.
“Several FReepers have repeatedly demanded I file a sworn statement with Media Personality Zullo or Sheriff Arpaio even though I have repeatedly stated I’m a secondary source witness. And now your trying to convince me I’m a primary source witness and, as such, my testimony will not be allowed because it’s hearsay.”
No, I wrote that you are an inadmissible hearsay witness.
You cannot testify to what an official certified out-of-court in an official document. The court regards this as the functional legal equivalent of you saying that you “heard” an official saying that they certified Barry’s naturalization in 1983.
Under the “best evidence rule” any testimony regarding a document, primary or secondary (whatever you think that means) requires production of the document, if available. There will be no court proceeding if the document is not available due to privacy or national security considerations.