Spin City 0
Joe Patrice skewers the Tumpists’ argument that there is such a thing as a “perjury trap.” A snippet (follow the link for the rest):
It all goes back to the “perjury trap” argument so many lawyers are disgracing themselves to push. It is not, in fact, a perjury trap to catch someone in a lie. It is a perjury trap to prosecute someone for wrongdoing where they would otherwise avoid prosecution — for example, a crime that is time-barred — by making them lie about it. The term addresses the injustice of functionally doing an end-run around the protections that the system affords potential defendants by punishing them for a separate crime just because law enforcement can’t touch them for the underlying offense.
But for Dershowitz, when Flynn made false statements to federal investigators, those statements could not be material because investigators knew they were false. In his mind, apparently, materiality requires investigators to rely upon the false statement.