Is a district court's decision to admit evidence in a civil case reviewed for abuse of power?

Although a district court's decision to admit evidence is reviewed for abuse of discretion, see , e.g. , United States v. Saget , 377 F.3d 223, 231 (2d Cir. 2004) (" Saget "), cert. denied , 543 U.S. 1079, 125 S.Ct. 938, 160 L.Ed.2d 821 (2005) ; United States v. Jones , 299 F.3d 103, 112 (2d Cir. 2002) ; United States v. Tocco , 135 F.3d 116, 127 (2d Cir. 1998), the court "abuses or exceeds the discretion accorded to it when (1) its decision rests on [ (a) ] an error of law (such as application of the wrong legal principle) or [ (b) ] a clearly erroneous factual finding, or (2) its decision ... cannot be located within the range of permissible decisions," Jones , 299 F.3d at 112 (internal quotation marks omitted). In light of the following legal principles, we have several difficulties with the court's decision in this case.

3. Statements Against Penal Interest