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give petitioners notice as required by rule 803(24) of the
Federal Rules of Evidence.
c. Circumstantial Guarantees of Trustworthiness
Respondent must also show that Hodges' and Hogue's testimony
has circumstantial guarantees of trustworthiness equivalent to
those required to qualify for other hearsay exceptions. Fed. R.
Evid. 803(24). Respondent contends that the testimony meets this
requirement because the FBI agents had an adequate basis for
their factual findings, the results of the FBI's investigation
support the truthfulness of the FBI agents' factual findings,
petitioner extensively cross-examined the FBI agents, and
statements made by public officials based on their factual
findings from an investigation made pursuant to authority granted
by law are generally believed to be trustworthy. We disagree
that these points establish circumstantial guarantees of
trustworthiness equivalent to those required to qualify for other
hearsay exceptions.
Respondent's only reference to another hearsay exception is
to rule 803(8) of the Federal Rules of Evidence. We held above
that rule 803(8) of the Federal Rules of Evidence does not apply
here. See par. B-2, p. 18. The rules of evidence do not provide
a blanket hearsay exception for testimony by public officials.
Respondent has not shown that the FBI agents' testimony has
circumstantial guarantees of trustworthiness that are equivalent
to other hearsay exceptions.
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