Who has the burden to show that a report sought to be introduced includes 'raw, machine produced data' and not testimonial statements triggering the Confrontation Clause?

QUESTIONS PRESENTED Question One: Who has the burden to show that a report sought to be introduced includes “raw, machine produced data” and not testimonial statements triggering the Confrontation Clause? Question Two: If the government fails to offer anything in the trial court supporting its assertion on appeal that statements in a report contain “raw, machine produced data” does the Court of Appeals err in finding that records contained “raw, machine produced data” and not testimonial statements triggering the Confrontation Clause? Question Three: Whether the United States Supreme Court’s jurisprudential rule allowing new arguments to be raised and argued before it in support of federal claims raised in the courts below applies only to new arguments raised in support of claims before this Court, or whether the rule is applicable in the lower courts of appeals as well. bby