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From: Vince Brannigan
Subject: Re: [NEWS]: Probe: U.S. Knew of Jet Terror Plots
Date: Sat, 28 Sep 2002 20:40:46 GMT
NNTP-Posting-Date: Sat, 28 Sep 2002 16:40:46 EDT
> > It woudl have been politiclaly more smart. But it is stillnto clear
> > that the quesiton was phrased with the precison required, or the
> > materiality demanded of a perjury conviction. He would have in fact
> > been better off refusing to answer on the groudns of immateriality
> > and I believe he would have been upheld.
> > Vince Brannigan
> The law gives the prosecutor the discretion on how he handles a case. There
> are lots of reasons not to take a case to trial, and guilt and innocence are
> not always the issue. I can assure you in the criminals courts of this
> country deals are made every day where charges are dropped solely based on
> the finally agreement, not on guilt or innonace.
Sure, not an issue
> There is a legal fiction called "presumed innocent", the reality is everyone
> in the system is assumed guilty. Even if a jury finds someone not guilty,
> that does not equal innocent. It simply means I convinced the jury that the
> State did not prove my client guilty beyond a reasonable doubt. A big
> difference in that and being innocent.
See my other post. Innocence is not a legal concept. guilty and not guilty are
> > the little word "material" appears again
> I understand it completely, ask the DAs. I know how to object to material
> and relevant issues. Tell me how in a lawsuit about sex, laying about sex
> is not material.
because in a lawsuit about non-consensual sex, consensual sex may not be
> The whole point of the question was to show a pattern of
> behavior to support the allegations of the lawsuit. That makes it VERY
> MATERIAL. Most of the perjury cases I have seen here in Georgia come from
> domestic trials. Spouses misleading the Judges about whether or not they
> had ex-material affairs.
if Hillary was suing bill the question would be relevant. but a rape victim's
consensual sex is legally irrelevant to issues of non consensual sex
> Tell you what....why don't you just "mislead" the IRS on your tax return
> this year and see what happens. If you can use the Federal Penitentiary
> computer let us know if they agree that its not perjury.
> A lie is lie. And under oath it is a crime, perjury.
Federal tax returns are not responses to questions. the ambiguity of language
and the requirement of materiality are very important issues in perjury cases.
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