“The thing about perjury is there can’t be any room for ambiguity, confusion or uncertainty,” said
Randall Eliason, who teaches white collar criminal law at George Washington University Law School and is a former assistant U.S. attorney for the District of Columbia, where he served as chief of the public corruption/government fraud section. “Because you’ve got to prove beyond a reasonable doubt that a person knowingly and intentionally said something that they did not believe to be true.”
Being evasive or cagey isn’t the same thing as telling a lie and committing perjury, Eliason told us.
“There is enough wiggle room that makes a perjury prosecution [against Sessions] difficult,” Eliason said. Unless there is some bombshell, he said, such as emails or notes from the conversation that suggest Sessions was acting in his role as a campaign surrogate, “I don’t see it as a criminal case.”