Former Representative Liz Cheney’s revelations from her book “Oath and Honor” have emerged as a potential game-changer in Donald Trump’s legal battles post the 2020 election, introducing a fresh angle that could reshape the trajectory of ongoing legal proceedings.
Cheney’s account, detailed in a report by Raw Story on Tuesday, November 28, 2023, highlights a crucial moment when then-Rep. Kevin McCarthy conveyed to her that just two days after Election Day, Trump privately acknowledged his electoral defeat. McCarthy allegedly shared Trump’s realization, stating, “He knows it’s over. He needs to go through all the stages of grief.”
Legal experts, including Harry Litman, have taken note of the significance of Cheney’s revelation. Litman, appearing on MSNBC’s “The Last Word With Lawrence O’Donnell,” dissected the potential impact on Trump’s legal challenges.
More Read
Acknowledging the hearsay aspect of Cheney’s testimony, Litman suggested that McCarthy could emerge as a crucial witness for prosecutors seeking to establish Trump’s internal acknowledgment of his loss.
Litman, speaking on the legal ramifications, emphasized the straightforward nature of the evidence. “On the evidence… it’s super straightforward: the code defines an admission by Donald Trump, anything he says is non-hearsay,” he explained.
The discussion gains sharper relevance in the context of the federal criminal case in Washington, D.C., led by Jack Smith. This case accuses Trump and his advisors of disseminating false information about voter fraud and impeding the transition of power to President Joe Biden, actions alleged to have fueled the Capitol Building insurrection.
Litman contends that despite Trump’s denial of wrongdoing, the legal perspective is clear-cut. He underscored the potential admissibility of Trump’s remarks, citing the code’s definition of admissions.
Crucially, Litman outlined the pivotal role McCarthy could play as a witness. “It’s hearsay for Liz Cheney to say ‘Kevin McCarthy told me.’ It’s not hearsay for McCarthy himself,” he clarified. Prosecutors, he suggested, could issue a trial subpoena to McCarthy, compelling him to testify about Trump’s statements, bypassing hearsay protections.
Despite potential resistance, Litman emphasized the straightforward admissibility of such testimony within the legal framework.
Cheney’s revelation from her book has injected a fresh perspective into Trump’s ongoing legal battles. The possibility of McCarthy’s firsthand testimony regarding Trump’s acknowledgment of defeat adds a compelling dimension to the case, potentially bolstering the prosecution’s arguments.
