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Unpopular but correct opinion:
Perjury: “Mueller never communicated any thoughts on my letter.”
NOT perjury: “I do not know what Mueller thought about my letter.”
Notice the lawyers in Congress are focusing on Barr’s subpoena-defiance, not going down perjury rabbit-hole?
Perjury: “Mueller never communicated any thoughts on my letter.”
NOT perjury: “I do not know what Mueller thought about my letter.”
Notice the lawyers in Congress are focusing on Barr’s subpoena-defiance, not going down perjury rabbit-hole?
There’s a good reason for that. Experienced lawyers NEVER ask Person A about direct knowledge of Person B’s “thoughts” or “feelings.”
You are always telling the truth when you answer “I don’t know what another person’s thoughts were.”
Misleading in context? Sure. Not a lie.
You are always telling the truth when you answer “I don’t know what another person’s thoughts were.”
Misleading in context? Sure. Not a lie.
We only know another person’s thoughts to the extent they express them.
If Barr had been asked “Did Mueller ever EXPRESS or COMMUNICATE any thoughts, reactions or responses to your letter?”
And he’d answered “No.”
THAT would have been perjury.
If Barr had been asked “Did Mueller ever EXPRESS or COMMUNICATE any thoughts, reactions or responses to your letter?”
And he’d answered “No.”
THAT would have been perjury.
And that’s why Barr’s scared shitless of having lawyers ask him questions.
Mundane crim law example:
“Did the defendant come to your house to hide after his crime?”
Witness can say “no” with impunity. He doesn’t know for certain WHY defendant came to his house. No one knows another person’s thoughts.
F minus sloppy AF question.
“Did the defendant come to your house to hide after his crime?”
Witness can say “no” with impunity. He doesn’t know for certain WHY defendant came to his house. No one knows another person’s thoughts.
F minus sloppy AF question.
But if asked:
Did defendant enter your home at 8 pm Friday the 13th?
Yes.
Did you ask him to leave?
I don’t recall.
When did defendant leave? More than 5 min later? More than an hour? More than a day?
Did defendant enter your home at 8 pm Friday the 13th?
Yes.
Did you ask him to leave?
I don’t recall.
When did defendant leave? More than 5 min later? More than an hour? More than a day?
I’ve seen junior lawyers and non-lawyers collapse in a heap, thinking they knew exactly what a witness HAD to say. You never ask a why question or a mind-reading question. Break into small factual bites without weasel words inside.
