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Friday, June 10, 2011

"In a devastating act of ultimate revenge, a dying Elizabeth Ed­wards recorded a bombshell secret videotape for prosecutors..."

"... nailing her cheating husband John as he will stand trial on charges that could land him behind bars for 30 years."

Says the National Enquirer. I don't see how this can this be admissible at trial, given the hearsay rule. It's not within the exception in the Federal Rules for a "Statement under belief of impending death":
In a prosecution for homicide or in a civil action or proceeding, a statement made by a declarant while believing that the declarant's death was imminent, concerning the cause or circumstances of what the declarant believed to be impending death.
Say what you will about John Edwards, he wasn't the cause of Elizabeth's death.

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