Romero_Trial_Transcript_8_25_04_53_2

8-25-04 Trial Transcript
16 under the ancient document doctrine of Federal Rules of
17 Evidence section 901(8), in parens, sub 8.
18 They were, again, as Professor Karl will testify,
19 released in 1993, I believe it was the exact year, shortly
20 after the Truth Commission Report was issued. They were
21 released by a special initiative taken in Washington D.C. to
22 declassify a number of documents relating to El Salvador.
23 These were released as part of that process. They
24 have now been identified and authenticated additionally by
25 Ambassador White, who had personal knowledge of those
190
1 documents at the time they were prepared.
2 In addition, we believe that they are admissible --
3 THE COURT: All right. Let me just ask one more
4 question. And that is, that as to the subsection 8, Rule of
5 Evidence, 901, Ancient Document Or Data Compilation, the law
6 specifically provides:
7 "Evidence that a document or data compilation in any
8 form is in such condition as to create no suspicion
9 concerning its authenticity or was in a place where,
10 if authentic, it would likely be, and has been in
11 existence 20 years or more at the time it is
12 offered."
13 I'm satisfied that those specific requirements are
14 met. And that at least the two exhibits you refer to are
15 authentic in the sense that you don't need and you are not
16 offering a certified copy of these documents, which would be a
17 separate ground for authentication.
18 So I will find as a matter of law that the documents
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