Author Topic: Dershowitz on Mike Flynn: It’s not always a crime to lie to the FBI  (Read 243 times)

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Offline mystery-ak

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Dershowitz on Mike Flynn: It’s not always a crime to lie to the FBI

AllahpunditPosted at 8:01 pm on December 17, 2018

This is true, but his reasoning as applied to Flynn is so dubious that it’s become chum for a feeding frenzy among lawyers on Twitter today. Dershowitz’s point is straightforward: It’s only a crime to lie to a federal agent if you lie about a material fact. If the sky is blue and you tell the FBI it’s red, there’s no jail time for that because that fact isn’t material to whatever it is they’re investigating.

But the question of which facts are “material” isn’t always clear cut. How to define them? Well, says Dershowitz, here’s one way: If the feds already know the fact before you mention it, then it can’t be material. Your lie hasn’t misled them. They won’t waste any time or money investigating it. They already know the truth. No harm, no foul, no prison. In fact, if the feds are asking you a question about a fact they already know, presumably they’re only doing it in hopes that you’ll perjure yourself, right? That’s the Flynn situation, Dershowitz argues today in an op-ed.

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