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Case 1:20-cr-00330-PAE Document 488 Filed 11/22/21 Page2of6 Page 2 For the reasons set forth below, the birth certificates are self-authenticating under Rule 902 of the Federal Rules of Evidence, and no records custodian should be required to testify. The exhibits should be determined to be self-authenticating. 1. Applicable Law Rule 902 contains a list of items that are “self-authenticating,” that is “they require no extrinsic evidence of authenticity in order to be admitted.” Fed. R. Evid. 902. Under Rule 902(4), that list includes: Certified Copies of Public Records. A copy of an official record — or a copy of a document that was recorded or filed in a public office as authorized by law — if the copy is certified as correct by: (A) the custodian or another person authorized to make the certification; or (B) a certificate that complies with Rule 902(1), (2), or (3), a federal statute, or a rule prescribed by the Supreme Court. Rule 902(1), in turn, provides for self-authentication of the following: Domestic Public Documents That Are Sealed and Signed. A document that bears: (A) a seal purporting to be that of the United States; any state, district, commonwealth, territory, or insular possession of the United States; the former Panama Canal Zone; the Trust Territory of the Pacific Islands; a political subdivision of any of these entities; or a department, agency, or officer of any entity named above; and (B) asignature purporting to be an execution or attestation. Finally, Federal Rule of Criminal Procedure 27 permits a party to “prove an official record . . In the same manner as in a civil action.” Federal Rule of Civil Procedure 44(a)(1), in turn, permits proof of a domestic “official record” that is “otherwise admissible and is kept within the United States, any state, district, or commonwealth, or any territory” through DOJ-OGR-00007402