Comment #2

konane — Fri, 03 Mar 2017 15:31:11 GMT

Thanks Sully. Flies buzzing above it too.

Comment #1

sully16 — Fri, 03 Mar 2017 15:29:25 GMT

Corporate swill with liberal kool aide.

Original Blog Entry: The Perjury Allegation against Jeff Sessions Is Meritless

konane — Fri, 03 Mar 2017 15:10:42 GMT

When the questioning is dissected properly a different picture appears. HT Powerlineblog.com.

The Perjury Allegation against Jeff Sessions Is Meritless

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. .....

.......It is fair enough for critics to maintain that Sessions should have been clearer. But if we consider this matter not as a political dispute but a potential perjury prosecution, then the burden was on Franken, not Sessions, to be clearer. The witness s obligation, as a matter of perjury law, is to refrain from willfully providing testimony that is both false and intended to deceive the tribunal. The burden is on the questioner to remove all doubt or ambiguity by asking exacting follow-up questions. ....

http://www.nationalreview.com/article/445416/jeff-sessions-perjury-allegation-meritless-al-franken-congressional-testimony

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