Miles Guo Court Documents · Doc 361
Letter Response in Opposition by Miles Guo re: Admission of GNews and GETTR Posts / (中文)
摘要
Defense Letter · Opposition to Admission of G News and GETTR Posts
This three-page filing, dated May 28, 2024 from E. Scott Schirick of Alston & Bird LLP, opposes the government's May 27, 2024 letter motion (Dkt. No. 352, the "Letter") seeking to admit into evidence fifty-one preserved copies of G News and GETTR posts in United States v. Guo, S3 23 Cr. 118 (AT).
Government's Underlying Motion
The government had requested admission of fifty-one preserved copies of G News and GETTR posts, arguing the posts:
- Are not hearsay because they are offered "for the fact that they exist" on websites the defendant created and controlled, not for the truth of the matters asserted;
- Are properly authenticated as posts on the relevant platforms during the relevant period.
Defense's Objections
The defense responds:
- The proposed framing — that the posts are not hearsay because offered for existence rather than truth — does not survive scrutiny because the government will inevitably use the post content to suggest underlying facts to the jury;
- The specific posts proposed include statements that, if offered for truth, would be inadmissible hearsay or unduly prejudicial;
- The admission of fifty-one posts en masse goes beyond the proper evidentiary scope.