Tome v. United States, 513 U.S. 150, 18 (1995)

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Cite as: 513 U. S. 150 (1995)

Opinion of Scalia, J.

Our holding is confined to the requirements for admission under Rule 801(d)(1)(B). The Rule permits the introduction of a declarant's consistent out-of-court statements to rebut a charge of recent fabrication or improper influence or motive only when those statements were made before the charged recent fabrication or improper influence or motive. These conditions of admissibility were not established here.

The judgment of the Court of Appeals for the Tenth Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion.

It is so ordered.

Justice Scalia, concurring in part and concurring in the judgment.

I concur in the judgment of the Court, and join its opinion except for Part II-B. That Part, which is devoted entirely to a discussion of the Advisory Committee's Notes pertinent to Rule 801(d)(1)(B), gives effect to those Notes not only because they are "a respected source of scholarly commentary," ante, at 160, but also because they display the "purpose," ibid., or "inten[t]," ante, at 161, of the draftsmen.

I have previously acquiesced in, see, e. g., Beech Aircraft Corp. v. Rainey, 488 U. S. 153 (1988), and indeed myself engaged in, see United States v. Owens, 484 U. S. 554, 562 (1988), similar use of the Advisory Committee Notes. More mature consideration has persuaded me that is wrong. Having been prepared by a body of experts, the Notes are assuredly persuasive scholarly commentaries—ordinarily the most persuasive—concerning the meaning of the Rules. But they bear no special authoritativeness as the work of the draftsmen, any more than the views of Alexander Hamilton (a draftsman) bear more authority than the views of Thomas Jefferson (not a draftsman) with regard to the meaning of the Constitution. It is the words of the Rules that have been authoritatively adopted—by this Court, or by Congress if it makes a statutory change. See 28 U. S. C.

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