admissible

District Judge Tanya Chutkan, has to decide before the actual trial commences what evidence proffered by the DOJ will be admissible.

“A duty to file criminal charges exists only when our office determines that the admissible evidence is of such a compelling force that it would warrant a conviction after considering the most plausible, reasonable and foreseeable defenses,” Lacey’s office wrote in the memo.

The net effect of all these arguments is to increase the probability that some of Pence’s powerful testimony will ultimately be admissible at trial.

“It is our office’s responsibility to ensure that we have a complete picture of the admissible evidence available before making a filing decision.”

The Crown Office said after careful consideration of the facts and circumstances of the case, including the available admissible evidence, there should be no proceedings against the officer at this time.