Reply #12: Once again this should have been decided pretrial and included in a pretrial order by J. Walton...

[Blackhatjack]

... Rule 401 evidence cannot come into a trial unless first a foundation is laid and then it is 'authenticated' OR prior to its offer to the Court as evidence the opposing counsel has not objected to its admission.

My understanding is that the Fitz team has objected to entry of most of these documents without there first being a foundation and authentication in the normal manner contemplated by the rules.

Does this go back to J. Walton's decision that he would not allow 'memory loss' experts to be presented by the Defense at trial?

If so, it is hard to see how they get these into evidence with someone other than Libby testifying. Team Libby is coming up against the decision as to whether Libby will take the stand. If I were the Judge, I would be perturbed at counsel for filing this motion since this has already been hashed out pretrial and after a hearing the Court ruled. The time to make this motion was post hearing and pretrial, not during trial.