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I think the second part of your question is a little trickier. how does it matter in a criminal case? something i write, if i am available to testify as a live witness at trial, the thing i wrote isnt evidence. the thing i say in court is the evidence. so if jim comey, for instance, is available to testify at a trial, then its the words that cam out of his mouth as a witness at the hearing or at the trial that matter. and the thing he wrote isnt in and of itself evidence. it doesnt get marked as...