Discussion: WSJ: Trump Lawyers Seek To Avoid Perjury Trap In Potential Mueller Interview

The only way for T-boy to be safe from perjuring himself is for him to be interviewed while bound and gagged.

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Legally, KStarr had more independent authority than Mr. Mueller has, unless i’m mistaken.

Hence, the Tramp legal team can thrust and parry through the media knowing that Rosenstein/Justice Dept still has to OK the direction Mueller seeks to go.

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Well it’s really because all their clients are Trump in affect - they are guilty. And they usually have records that will only come out if they testify.

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“It would be a travesty to waste his (Mr. Trump’s) time…"

OMG, no! We wouldn’t want to deprive our president of any of his golf time or “executive time” or tweet time or, dog forbid, TV time. Especially the TV time because then he wouldn’t know what to think and say. :astonished:

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A plea deal to perjury before the interview?

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They had no trouble wasting plenty of our time and Bill Clinton’s.

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:laughing:

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Ironic that the bible thumpers who were so aghast at Clinton’s morals love them some thrice-married, scandal pagued Dotard, innit?

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You forgot porn star fucking, sheesh.

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I would imagine questions about dates and times would be of little interest to Mueller except as a means to troll #45 and put him off his game. Questions more in the vein of “did you help write Junior’s letter explaining the tower meeting?” would seem to make more sense: Based on evidence Mueller will already possess from multiple sources, if #45 answers “no” he faces a charge of perjury and if he says “yes” he faces a charge of obstruction and conspiracy.

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AAh, but they know what’s in his heart. Umm, does that sound right?

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“Perjury Trap” is not what people often think it is. It is not, for instance, as the article suggests (in its quotes), a situation where a witness is called before a grand jury to give relevant testimony and has a proclivity to lie, or would like to lie. Rather, it is a form of entrapment, and requires a showing that the purpose of calling the witness was not, in fact, to obtain evidence relevant to the inquiry, but simply to develop a record to charge the witness, later, with perjury. In short, it is not, as many people think, a “trap” because the witness has reason to lie.

From the US Attorney’s Manual:

  1. Perjury Cases – Special Problems And Defenses – Perjury Trap

The perjury trap is a form of entrapment defense, and thus must be affirmatively proven by the defendant. The defense is rarely proven, even though the claim is relatively common when grand jury testimony gives rise to perjury charges. See Gershman, The Perjury Trap, 129 U. Pa. L. Rev. 624 (1981). The defense requires that the defendant show the false answer was illegally procured by the government. Thus, when the grand jury is attempting to obtain useful information in furtherance of its investigation, the perjury trap doctrine does not apply. United States v. Brown, 49 F.3d 1162, 1168 (6th Cir. 1995), cert. denied, 116 S.Ct. 377 (1995); United States v. Chen, 933 F.2d 793, 797 (9th Cir. 1991).

PRACTICE TIP: The United States Supreme Court has ruled that there is also no duty to warn the witness of the consequences of committing perjury. United States v. Mandujano, 425 U.S. 564 (1976). Department guidelines, however, require prosecutors to give warnings resembling Miranda warnings to subjects or targets of grand jury investigations and to advise putative defendants of their status as such. See USAM 9-11.151. When the defendant claims a perjury trap, those warnings demonstrate that the prosecutor did not call the witness to induce perjury, but rather to seek truthful testimony. United States v. Williams, 874 F.2d 968, 974-75 (5th Cir. 1989). Failure to give those warnings does not constitute grounds for dismissal of an indictment. United States v. Washington, 431 U.S. 181 (1977).

[cited in USAM 9-69.200]
– more quotes
"A perjury trap is created when the government calls a witness before the grand jury for the primary purpose of obtaining testimony from him in order to prosecute him later for perjury. When testimony is elicited before a grand jury that is attempting to obtain useful information in furtherance of its investigation, or conducting a legitimate investigation into crimes which had in fact taken place within its jurisdiction, the perjury trap doctrine is, by definition, inapplicable. [United States v. Chen, 933 F.2d 793 (9th Cir. Guam 1991)]

The phrase ‘perjury trap’ suggests the deliberate use of a judicial proceeding to secure perjured testimony, a concept in itself abhorant.[United States v. Simone, 627 F. Supp. 1264, 1268 (D.N.J. 1986)]

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O my god the hypocrisy reeks - if there was a Jesus and he was coming back, I’d say now would be a good time.

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the are worried Trump will tell a lie? what an absurd suggestion.

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They don’t need a trap, They just have to say “You were saying?”" and he will:

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Lawyers for President Donald Trump are “considering” the ways he could answer special counsel Robert Mueller’s questions under certain conditions, the Wall Street Journal reported Sunday…

Those conditions are a mulligan on every question, unlimited take-backs and/or do-overs, and the ability to say, “I meant that as a joke” after the fact on unlimited occasions.

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Nah, he can still get himself in trouble by nodding and shaking his head… :persevere:

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It’s interesting to me that Trump hasn’t just come out and given Jared full security clearance as is his perogative as President. Instead, if we take him at face value, he’s turfed that call to Kelly, no fan of Jared’s. I wonder what the backstory is here.

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Right and that’s not a perjury trap. That isn’t on the government if he starts yapping. And he will.

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lol Ya think ? lol

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