All the Special Counsel needs, in order to charge a subject of an investigation with lying to a prosecutor, is a single witnesses willing to contradict the subject.
The witness may not only be “singing,” he may also be “composing” – that is making up or embellishing a story because he knows that the better his story, the better the deal.
Under federal law, the testimony of such a flipped witness need not be corroborated in order to secure a conviction.
Even one question that results in an answer that is contradicted by one witness would be enough to spring the perjury trap.
When Rudy Giuliani stated, perhaps inartfully, that “truth isn’t truth,” he was getting at a higher – or should I say lower – truth. This is a truth that virtually every experienced defense attorney and prosecutor understands: namely that prosecutors get to pick which witness — and which “truth” — to believe.
Giuliani was discussing President Trump’s decision whether or not to be interviewed by Special Counsel Robert Mueller. Giuliani made the point that even if President Trump testified truthfully, he could be accused of lying to a prosecutor – a serious felony – if the prosecutor chose to believe witnesses who have provided a different account.
To be specific, US President Donald J. Trump has stated publicly that he was not aware of the Trump Tower meeting between a Russian woman and his son until after it took place. One of Trump’s attorneys at the time, Michael Cohen, has apparently said that Trump was aware of the meeting.
President Trump has also stated that he did not ask former F.B.I. Director James Comey to go easy on Michael Flynn. Comey has said that President Trump did.
If President Trump were to repeat these denials in an interview with a prosecutor, he would be walking into a perjury trap even if he truly believed that his denials were the complete truth, or even if he actually were telling the complete truth. All the Special Counsel needs, in order to charge a subject of an investigation with lying to a prosecutor, is a single witness willing to contradict the subject. The witness may himself be a criminal who has been squeezed into “singing” in order to save his own skin. The witness may not only be “singing,” he may also be “composing” – that is making up or embellishing a story because he knows that the better his story, the better the deal. Under federal law, the testimony of such a flipped witness need not be corroborated in order to secure a conviction.
US Special Counsel Robert Mueller is investigating US President Donald J. Trump. Commentators who repeatedly pronounce that if the president is telling the truth he risks nothing by submitting to an interview, are simply wrong. (By The White House from Washington, DC (P072012PS-0298) [Public domain], via Wikimedia Commons)
Because of these realities, most experienced defense attorneys would never allow their clients to get into a swearing contest with a flipped witness, even if the client were telling the absolute truth. That is what Rudy Giuliani meant when he said, in the context of a decision whether to have his client interviewed by the Special Counsel, that “truth isn’t truth.” Truth may be truth in science (although even scientific truth is subject to challenge and revision), but when it comes to Special Counsel, truth is often in the eyes – and ambitions – of prosecutors, who decide which “truth” to believe.
Every experienced defense attorney with whom I have discussed this issue has said that he or she would never advise a client in President Trump’s situation to be interviewed by the Special Counsel, even if that interview were limited to a handful of questions. Even one question that results in an answer that is contradicted by one witness would be enough to spring the perjury trap. That is why pundits and commentators who repeatedly pronounce that if President Trump is telling the truth he risks nothing by submitting to an interview, are simply wrong. Many former prosecutors who repeat this falsehood in their roles as “expert” commentators know the truth. But in their “anything goes” when it comes to nailing President Trump attitude, they are willing to mislead the public into believing that only witnesses who willfully lie are at risk from an interview.
Traditionally, it has been liberals and civil libertarians who have complained about prosecutors springing perjury traps using questionable flipped witnesses. Traditionally, it has been conservatives and law-and-order types who have defended this tactic. But now that President Trump is in the cross-hairs of the Special Counsel, the attitudes have been flipped as quickly as a witness threatened with prosecution.
Hypocrisy abounds on both sides. I, for one, am pleased that Rudy Giuliani, who himself was a tough prosecutor, now understands how this tactic can be used to trap innocent people. I am disappointed, however, that so many liberals, civil libertarians and defense attorneys are unwilling to criticize this tactic when it is directed at a President of whom they disapprove.
Alan M. Dershowitz is the Felix Frankfurter Professor of Law Emeritus at Harvard Law School and author of The Case Against Impeaching Trump, Skyhorse Publishing, July 2018.
Published in Gladstone institute site
“The Truth, the Truth” When It Comes to Prosecutors? by Alan M. Dershowitz
Jeremy Corbyn leads a pro-Palestinian demonstration in London in 2014, one year before becoming Labour Party leader. Photo: File.
This marked a massive rise from the previous such survey, in which only 39% of Jews believed Corbyn was antisemitic.
British Jews also expressed an extremely low opinion of the Labour Party in general. The poll showed that 85.6% believed Labour suffered from “very high” levels of antisemitism.
Corbyn and his party have been beset with a series of high-profile antisemitism scandals for several years, which has resulted in the resignation and suspension of several prominent officials. Corbyn himself was recently caught on video saying that “Zionists” did not understand “English irony” despite “having lived in this country for a very long time.”
Makuya in Jerusalem 201 (YouTube)
Like an apple tree among trees of the forest, So is my beloved among the youths. I delight to sit in his shade, And his fruit is sweet to my mouth. (Song of Songs 2:3)
For ten days in late August, Israeli Rabbi Benny Lau and his wife, Rabbanit Noah Lau, traveled from Jerusalem to Japan to lead Bible study for groups of Makuya Japanese Christians. The Laus traveled to five Japanese towns and spent three days together at a weekend conference with 3,400 members of the Makuya group.
Makuya is Japanese for the Hebrew word Mishkan, the tent of meeting, where human beings come into contact with God. The Mishkan was the portable sanctuary that the Israelites used in the desert, before entering Israel and building the First Holy Temple.
The Lord tests the righteous, but his soul hates the wicked and the one who loves violence. (Psalm 11:5)
Brazilian presidential candidate Jair Bolsonaro. (Credit: Agencia O Globo)
Jair Bolsonaro, the front-runner in the upcoming presidential election in Brazil, was stabbed during a campaign rally Thursday and was undergoing surgery.
The far-right politician, whose heated rhetoric has electrified some voters and angered others – -who accuse him of racism and homophobia – in a deeply polarized electorate, was attacked amid a crowd in the south-east state of Minas Gerais. Bolsonaro has performed strongly in recent opinion polls.
Those same polls suggested that he will likely receive the most votes in next month’s presidential elections, especially if the country’s former president Luis Inacio Lula da Silva (‘Lula’) remains blocked from standing. He is currently in prison, but is appealing against his candidacy ban – imposed after his conviction for corruption.
Republican lawmakers have made it clear they have no intention of repealing Obamacare in the current Congress.
Republicans in the nation’s top lawmaking body have never really wanted to get rid of Obamacare. They would prefer to present the program, which David Horowitz correctly describes as “the greatest assault on individual freedom and individual choice in our lifetimes,” as a villain and whip up sentiment against it and run against it every election. They view Obamacare as good for the business of politics. They may chip away at it from time to time or tinker with it at the margins, but make no mistake: these creatures of Washington want to keep it in place. This is the Republicans’ dirty secret.
The Trump administration has decided to reopen a case brought by a Zionist group against Rutgers University, previously closed by the Obama administration in 2014, alleging that the university had allowed Jewish students to be subjected to a hostile environment in violation of Title VI of the U.S. Civil Rights Act. The issue, ignored by the Obama administration, was whether the students were discriminated against based on their actual or perceived Jewish ancestry or ethnicity. Kenneth L. Marcus, the new assistant secretary of education for civil rights, decided that the case deserved another look.
Nestled in the Han River in the middle of South Korea’s bustling capital of Seoul, Yeoui Island is hardly where one would expect to find the largest mega-church in the world. Home to the city’s business and financial district, its skyline dotted with skyscrapers, the island boasts some of the country’s most powerful institutions, such as the Korean stock exchange and the headquarters of LG, the international conglomerate.
The AfD’s opponents, who often brand the party as “far right” or “extremist,” claim that the party’s alleged ties to neo-Nazi groups pose an existential threat to Germany’s constitutional order. The AfD’s supporters counter that Germany’s politically correct establishment, afraid of losing its power and influence, is attempting to outlaw a legitimate party that has pledged to put the interests of German citizens first.
Israel’s Palestinian foes regard “martyrdom” as the supremely highest expression of Islamic sacredness. Nonetheless, there are certain conspicuously prominent disjunctions between the relevant obligations of faith and expectations of international law. Unambiguously, only the latter set of obligations can offer a suitably authoritative source for assessing Palestinian resorts to armed force.
This is the case even when the stated objective of such resorts would be “self-determination” and/or “national liberation.”
“Setting fire to the ground,” a “major catastrophe,” bringing “new instability” are the headlines that have greeted Donald Trump’s unorthodox decisions over the past year. Withdrawing from UNESCO, moving the US Embassy, leaving the Iran deal and cutting funding to UNRWA and funding for Pakistan were seen as extreme decisions in the Middle East and around the world. Insofar as there is a “Trump Doctrine,” it has been to call this bluff.
In the mind-set of Trump and his team, the time has come for the United States to move quickly to reverse decades of foreign policy norms, ending the status quo, and ripping up what the previous administrations did.
The jihadi assault on and massacre of Christians continued unabated throughout the Muslim word. According to one report titled, “Armed gangs WIPE OUT 15 villages in mass Christian slaughter in Nigeria,” several Islamic terrorists “stormed through 15 villages to massacre Christians and destroy their churches in a violent crackdown against the religion…. Dozens of people have been killed after the gangs ransacked towns and villages to clear them of all aspects of the Christian faith.
Wars are raging in various parts of the Middle East, although there is a tendency not to call the conflicts by that name because of the fear conjured up by the word.
One conflagration is the war Iran is waging against those – headed by Israel – who stand in the way of its plans to take over the entire Middle East.
Another is the Assad regime’s war to take back control of the entire country, and a third is the PLO’s battle for survival.
Much has been written about the first of these wars, and reports have claimed that from early 2017 on, Israel has launched over 200 attacks in Syria, mainly at targets connected to Iran.