The Perjury Allegation against Jeff Sessions Is Meritless
His testimony was inaccurate but not willfully false.
By Andrew C. McCarthy — March 2, 2017
On the overwrought, partisan allegations that Attorney General Jeff Sessions committed perjury in his confirmation-hearing testimony, let’s cut to the chase: There is a good deal of political hay to be made because Sessions made a statement that was inaccurate — or at least incomplete — especially when mined out of its context. But the claim that his testimony was perjurious as a matter of law is wholly without merit.
Perjury is not inaccuracy. It must be willfully false testimony. Willfulness is the criminal law’s most demanding mens rea (state of mind) requirement. Prosecutors must prove beyond a reasonable doubt that the speaker knowingly, voluntarily, and intentionally — not by accident, misunderstanding, or confusion — said something that was untrue, with a specific purpose to disobey or disregard the law. Therefore, when there is an allegation of perjury, the alleged false statements must be considered in context. Any ambiguity is construed in favor of innocence. If there is potential misunderstanding, the lack of clarity is deemed the fault of the questioner, not the accused.
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http://www.nationalreview.com/node/445416/print