

Recorded speech about engaging in crimes is often acceptable evidence. It’s probably the same with written messages.
I guess it’s up to the accused to prevent law enforcement from acquiring what they said, whether it be preventing recording, preventing police from sifting through mail or unsecure communications, or preventing police from acquiring the accused’s copy of potentially illegal communications. Which he is currently attempting.
I don’t blame him for trying, and would agree on a lesser extent that he is right to prevent self incriminating now. But copied communication as acceptable evidence is pretty settled in law by now.
From Nate Silver’s write up on this poll:
Emphasis mine. While polls were decently off in 2016 and 2020, Selzer’s were not, and reflected a significant underestimate of Trump by nearly every other pollster. This poll suggests Harris is being underestimated. If Selzer is correct, Harris wins very comfortably.
It’s hard to explain how unexpected this result is. Harris proponents like myself were hoping for Trump +8-9 or less, which would correlate to a Harris win in the electoral college. You can still see this on r/fivethirtyeight from the bad site. I’m not optimistic and my best hope was Trump +7. People misread this as Trump +3 and were still celebrating. Headlines aren’t exaggerating here: this is a truly shocking poll. If the real result is even Trump +5, he is likely to have lost handily. If this is as accurate as Selzer has been since 2012, he will have lost in a true landslide. (Let’s not get ahead of ourselves, of course.)
I’ll link again Silver’s article on herding because it makes a strong case that most polls are not currently reliable due to self-preservation. Selzer releasing these results is not a self preserving move and would be a large pockmark on her otherwise “near-oracular” record.
You can scroll through my history and see that I am not an optimistic person. I initially assumed a Harris loss before Biden dropped out because RFK was still polling too well, a traditional indicator of loss when dropping incumbent status. I was pleased with her upward momentum— and still am, she deserves a great deal of credit for an excellent campaign— but she has always been the underdog in my mind. This is the most positive sign I’ve seen all season. It helps that Siena’s most recent PA poll was also quite positive at Harris +4 if I recall.
I’m too worried to be hopeful, but this has made it harder to doom. It’s so unexpected that I take it with a grain of salt, but if she’s even half right, things are a lot better than they feel.