True, and yet THAT, particularly when signed and witnessed under oath and under penalty of law, is what we're talking about here. That absolutely IS "evidence."
Are the witnesses willing to appear and testify in court? People who supply affidavits are rarely prosecuted for perjury, but someone who takes the stand and lies will most probably face such charges.
"By definition, an affidavit is “a sworn statement in writing made under oath or on affirmation before a person authorized to do so under the law.” But as Detroit attorney David Ayyash says -- that doesn’t mean they are accurate.
“In a lawsuit, if a witness offers sworn testimony, that is considered evidence. But the finder of fact, usually a jury -- but sometimes a judge -- determines the credibility of that evidence,” Ayyash said. “So technically - yes - an affidavit is a form of evidence, but that doesn’t mean it’s credible.”
"The judge presiding over the case will also determine the admissibility of an affidavit. One reason an affidavit may be inadmissible is due to the inclusion of hearsay. Many of the affiants in Trump lawsuits submitted affidavits alleging they heard someone say there was fraud, but didn’t have a first-hand account. In most cases, with some exceptions of course, hearsay is not admissible in court."
"Lying in an affidavit is a violation of law and a person who is caught lying could face perjury charges. But it’s a bit more complicated."
"Affidavits that contain vague or second-hand accounts may be hard to prove as false. There are also many scenarios where a witness just misunderstands the situation or is mistaken in what they believe they heard or saw."
"For instance, in the Trump vs. Wayne County case cited above, Judge Kenny wrote in his ruling, “Plaintiffs’ affiants did not have full understanding of TCF absent ballot tabulation.” He said if plaintiffs’ affiants would have participated in pre-election training sessions, they would have had a better understanding of the process. Many claims could be easily explained by election officials.
So technically - yes - if a person signs an affidavit with false information, they could be charged with perjury. But proving the person willfully lied can prove to be quite difficult in many cases."
The full article can be found here:
Evidence? Hearsay? Voter fraud claims in affidavits, explained (clickondetroit.com)
And someone earlier said that none of the judges had actually looked at the affidavits. Well, this judge obviously did so those claims were false.
