Author Topic: The Perjury Allegation against Jeff Sessions Is Meritless....By Andrew C. McCarthy  (Read 378 times)

0 Members and 1 Guest are viewing this topic.

Online mystery-ak

  • Owner
  • Administrator
  • ******
  • Posts: 384,559
  • Let's Go Brandon!
 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.

more
http://www.nationalreview.com/node/445416/print
Proud Supporter of Tunnel to Towers
Support the USO
Democrat Party...the Party of Infanticide

“Therefore do not worry about tomorrow, for tomorrow will worry about itself. Each day has enough trouble of its own.”
-Matthew 6:34

Offline Hondo69

  • Hero Member
  • *****
  • Posts: 1,673
  • The more I know the less I understand
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.

Now there you go again, using both common sense and legal definitions to make a point, one that should also be obvious to any decent American.  But we're not talking about decent Americans, are we?

Offline driftdiver

  • Hero Member
  • *****
  • Posts: 9,897
  • Gender: Male
  • I could eat it raw but why when I have fire
The whole thing is ridiculous.  Less than 6 months ago the AG was having secret meetings at airports to make deals to protect Hillary from multiple felonies.  Among which was taking millions from foreign interests.
Fools mock, tongues wag, babies cry and goats bleat.

Offline Hondo69

  • Hero Member
  • *****
  • Posts: 1,673
  • The more I know the less I understand
So true but no wrongdoing there I apparently.

And let's not forget there was apparently no wrongdoing when Barack Hussein Obama compromised the security of covert agents while doing one of his many victory celebrations.

Rumor has it that once you appoint a special prosecutor you get your ass hauled before a grand jury.  It always seems to create clarity and is without a doubt a place where the definition of wrongdoing becomes crystal clear.  It also tends to focus the mind.