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In a bank-fraud trial, prosecutors offer text messages sent from the username "QuietLedger" to a bank employee. The messages say, "Move the loan file tonight and delete the audit trail." Prosecutors contend that the defendant, a loan officer, sent the messages. The defendant denies using the account and argues that the texts are irrelevant unless the prosecution first proves he wrote them.
The prosecution offers evidence that the account was created with the defendant's personal email address, that the messages used a nickname only the defendant used for the bank employee, and that the messages were sent from an IP address assigned to the defendant's apartment. The defendant offers expert testimony that account credentials can be stolen and IP addresses can be masked. The defendant also argues that admitting the texts will create a confusing side trial about cybersecurity.
Analyze conditional relevance, Rule 401, and Rule 403. How should the judge decide whether the texts may be considered by the jury?