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140 Thus, even if the federal courts were to consider corroboration in deciding trustworthiness under the catchalls, the courts would be in awkward position if the same evidence could not be introduced in a criminal case when the same court eliminates corroboration from its trustworthiness evaluation for confrontation clause purposesMoreover, because the preliminary question of fact (intent) is one determining the admissibility of evidence, not merely a question of conditional relevancy, it is a question for the judge under Federal Rule of Evidence 104(a), not for the jury under Federal Rule 104(b)
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