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for declarations against interest to those statements disserving only of
how the Court might regulate declarations against interest that do not
Crawford v. Washington: a critique
33) The Committee Note following the Rule, however, states that "[o]rdinarily the third-party confession is thought of in terms of exculpating the accused, but this is by no means always or necessarily the case: it may include statements implicating him, and under the general theory of declarations against interest they would be admissible as related statements.
may include statements implicating [the accused], and under the general theory of declarations against interest they would be admissible as related statements .
Because the Court remanded the case to the district court for further factual inquiry into whether Harris' statements were truly self-inculpatory, Justice O'Connor refused to address Williamson's claim that the statements were inadmissible under the Confrontation Clause, and that the hearsay exception for declarations against interest is "firmly rooted" for Confrontation Clause purposes.
The Williamson standard for the exception to the rule against hearsay for statements against penal interest
The Federal Rules of Evidence Advisory Committee notes indicate that a third-party confession "may include statements implicating [the accused], and under the general theory of declarations against interest they would be admissible as related statements.
Reining in the against-interest exception

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