| Remember when Roland Burris said under oath that he was never asked to give a donation to Blagojevich? That's a perjurin' (blogs.suntimes.com) | 89 |
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| ZAZ
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2009-02-15 06:36:13 AM |
Is there a specific question which he gave a false answer to?
You can sometimes leave out information or be misleading without committing perjury. The Supreme Court says in federal perjury cases misleading by "negative implication" of a nonresponsive answer is not a crime. The questioner is supposed to ask followups to confirm the implication.
The questioning that resulted in a perjury conviction went like this:
Q. Do you have any bank accounts in Swiss banks, Mr. Bronston?The second answer was literally true, but misleading. In fact both the man and the company had had accounts. By mentioning only the company's account, about which he was not asked, the man implied that he never had one of his own. Because the answer was literally true, the Supreme Court reversed his conviction. The lawyer asking the questions should have clarified, "No, Mr. Bronston, did you ever have any accounts there?"
A. No, sir.
Q. Have you ever?
A. The company had an account there for about six months, in Zurich.
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