woolfe9998
Lifer
- Apr 8, 2013
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Okay, that's fine, but why is intent involved? Can you explain to me how Sessions could possibly escape a perjury conviction for example?
In the case of his statements at the confirmation hearing, he has argued that he misunderstood the question because the wider context of the line of questioning was about communications which had to do with the campaign. Do I believe him? No. But the prosecution must prove its case beyond reasonable doubt, not by a mere preponderance of evidence. A lack of intent is the most common defense to perjury and it's often a winning defense, which is why perjury as a practical matter is rarely prosecuted.
So far as Sessions leaving it off his clearance form, he'll say he was advised that he didn't have to. If he was, and believed the advice he was given, then he would have lacked intent. Again, do I believe him? No. But proving a case beyond reasonable doubt means proving it at a level of ~95% certainty.
Even in the case of Clinton, I doubt he would ever have been convicted of perjury had he been prosecuted. Not only might he have argued the intent element based on what he meant by "sexual relations" but had that not worked as a defense, he would almost certainly beaten that rap based on the lack of materiality of his testimony to the Paula Jones case. Perjury means lying under oath about matters which are material to the proceeding in which the testimony is given. Yet it's highly unlikely that a judge in the Paula Jones case would ever have allowed a jury to hear evidence about Clinton's behavior with Monica Lewinsky. They were allowed to ask him about it in deposition, but that doesn't mean any answer he gave would have been admissible at trial. Hence, lying about it would not have met the legal definition of perjury.
Now, if you want something which could be prosecuted, look a Trump's decision to fire Comey as obstruction of justice. That too requires intent, but the dumbass went on television and essentially admitted his intent. I think there would be grounds for prosecution of that right now, if he could be prosecuted while still in office.
