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Dr. Clerk

Testimonial hearsay can be admissible under the rules of evidence, but without cross-examination, its admission still violates the Sixth Amendment under Crawford. So C.

Theo Caro

Of the no answers, D is clearly the stronger. B is really interesting because while the statement as a whole hurts co-conspirator's position, the portion relevant here is not against his interest. So, I'm cutting B. That leaves A or D. The difference here is whether there is an exception for statements by a co-conspirators. I just don't know. I think so, so final answer: A