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Law question from an ignoramus
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What does "lying under oath" mean? Does "I don't recall doing that" and then proof that you did do it equal lying under oath?

That seems to be the latest Trump investigation. He said he "didn't recall" something that he in fact did actually do.

My tiny brain tells me that is not "lying under oath". He might well have not recalled it. Maybe his memory is terrible.

Help this ignoramus out.

How does Danny Hart sit down with balls that big?
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Re: Law question from an ignoramus [BLeP] [ In reply to ]
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BLeP wrote:
What does "lying under oath" mean? Does "I don't recall doing that" and then proof that you did do it equal lying under oath?

That seems to be the latest Trump investigation. He said he "didn't recall" something that he in fact did actually do.

My tiny brain tells me that is not "lying under oath". He might well have not recalled it. Maybe his memory is terrible.

Help this ignoramus out.

Lying under oath means knowingly telling a falsehood in a setting where it is a crime to do so. Perjury. Saying you don't recall is not a lie, because it is very hard to prove what exists in your memory.

But if it can be shown that you knowingly lied when you said "I don't recall..." then you may yet have committed perjury. This could happen if there is recent video or audio of you talking about the subject you claim not to recall.
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Re: Law question from an ignoramus [BLeP] [ In reply to ]
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I hope this helps;

"In legal terms, it requires an intentional act of lying after a person has taken an oath or affirmation to tell the truth."

Can you be convicted of perjury for saying, “I don’t remember?” Well, it depends.

"However, there may be contradictory evidence out there that you either do not know about or that you have forgotten about. For example, the police may have a lawfully recorded surveillance tape that shows you talking about the things that you claim you don’t remember. Or, you may have made a prior statement under oath that shows that did, at that time, remember the events that you are now claiming that you can’t recall.".

"The great pleasure in life is doing what people say you cannot do."
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Re: Law question from an ignoramus [BLeP] [ In reply to ]
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I presume this prompted your question?

Quote:
The House of Representatives is investigating whether President Donald Trump lied to special counsel Robert Mueller in written answers he provided in the Russia investigation, the House's general counsel said in federal court Monday.

"Did the President lie? Was the President not truthful in his responses to the Mueller investigation?" House general counsel Douglas Letter told the US Court of Appeals for the District of Columbia Circuit about why the House now needs access to grand jury material Mueller collected in his investigation.

The House's arguments Monday draw new focus to whether Trump lied to Mueller, following public revelations at Roger Stone's trial this month.

Former Trump deputy campaign chairman Rick Gates testified that Trump and Stone had talked about information that was coming that could help the campaign in mid-2016, at a time when Stone was attempting to get secret details about stolen Democratic documents WikiLeaks had.

Former Trump campaign chairman Paul Manafort also apparently told the Mueller grand jury what Trump's approach to WikiLeaks had been in 2016, according to the Mueller report.

But Trump told Mueller in his written statements he didn't recall discussing WikiLeaks with Stone.

Trump's responses to Mueller

House Judiciary Democrats asked Mueller at a summer hearing to confirm that Trump had denied to the special counsel that he or anyone on his campaign had discussed WikiLeaks with Stone. Rep. Mary Gay Scanlon, a Pennsylvania Democrat, read to Mueller Trump's written answer: "I do not recall discussing WikiLeaks with him, nor do I recall being aware of Mr. Stone having discussed WikiLeaks with individuals associated with my campaign."

"Is it fair then, that the President denied knowledge of himself or anyone else discussing WikiLeaks dumps with Mr. Stone?" Scanlon asked.

"Yes. Yes," Mueller replied.


I'm glad they're addressing this in the impeachment investigation. I've been scratching my head for months now wondering how Mueller could have told Congress that Trump wasn't truthful, under oath, and no one seemed to notice, at least based on the media silence on that specific issue.

But then, Trump loves/knows nothing about Wikileaks, so...



The devil made me do it the first time, second time I done it on my own - W
Last edited by: sphere: Nov 18, 19 12:45
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Re: Law question from an ignoramus [sphere] [ In reply to ]
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Yes. But just based on that (I would assume that there's much more to the story) "I don't recall" is the perfect answer.

I didn't say it didn't happen. I just don't remember it.

So then they have to prove that he does remember it, which I would think is very difficult.

How does Danny Hart sit down with balls that big?
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Re: Law question from an ignoramus [BLeP] [ In reply to ]
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BLeP wrote:
Yes. But just based on that (I would assume that there's much more to the story) "I don't recall" is the perfect answer.

I didn't say it didn't happen. I just don't remember it.

So then they have to prove that he does remember it, which I would think is very difficult.

It is kind of perfect, but it can undermines your credibility when you can’t recall really significant things.
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Re: Law question from an ignoramus [Calamityjane88] [ In reply to ]
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Calamityjane88 wrote:
BLeP wrote:
Yes. But just based on that (I would assume that there's much more to the story) "I don't recall" is the perfect answer.

I didn't say it didn't happen. I just don't remember it.

So then they have to prove that he does remember it, which I would think is very difficult.


It is kind of perfect, but it can undermines your credibility when you can’t recall really significant things.

I don't think that Trump gives two shits about that.

How does Danny Hart sit down with balls that big?
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Re: Law question from an ignoramus [BLeP] [ In reply to ]
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I believe Mueller was asked specifically if Trump was untruthful or misleading in his responses, though, and he confirmed that he was. That's significantly different from stating that he gave unclear, incomplete, or unsatisfactory answers. Mueller didn't seem interested in filling in any blanks or making determinations about whether anyone's memory was selective, so I have to think that answer came from very clear contradictions in the record.

So is Mueller on the hook for another Congressional appearance, now? I think it's likely, and necessary, if they're pursuing that line of argument. And they should.

The devil made me do it the first time, second time I done it on my own - W
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Re: Law question from an ignoramus [BLeP] [ In reply to ]
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BLeP wrote:
Calamityjane88 wrote:
BLeP wrote:
Yes. But just based on that (I would assume that there's much more to the story) "I don't recall" is the perfect answer.


I didn't say it didn't happen. I just don't remember it.

So then they have to prove that he does remember it, which I would think is very difficult.


It is kind of perfect, but it can undermines your credibility when you can’t recall really significant things.


I don't think that Trump gives two shits about that.


It's either "I don't recall" or plead the 5th.






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Re: Law question from an ignoramus [BLeP] [ In reply to ]
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I’m embarrassed I don’t know this, but did President Trump also *take* an oath to support and defend and all that?

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Re: Law question from an ignoramus [ericMPro] [ In reply to ]
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ericMPro wrote:
I’m embarrassed I don’t know this, but did President Trump also *take* an oath to support and defend and all that?

He did, but, this is bit different than that.

The Oath of Office:
I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.


This is why some, including me, have argued that if POTUS does anything that is not supported by the Constitution, that act should, in and of itself, be grounds for impeachment. Impeachment was the mechanism by why the Founding Fathers planned to remove a President who acted more like a monarch. Well, offending the Constitution would seem to be grounds for that.

If there are no dogs in Heaven, then when I die I want to go where they went. - Will Rogers

Emery's Third Coast Triathlon | Tri Wisconsin Triathlon Team | Push Endurance | GLWR
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Re: Law question from an ignoramus [Kay Serrar] [ In reply to ]
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Kay Serrar wrote:
BLeP wrote:
What does "lying under oath" mean? Does "I don't recall doing that" and then proof that you did do it equal lying under oath?

That seems to be the latest Trump investigation. He said he "didn't recall" something that he in fact did actually do.

My tiny brain tells me that is not "lying under oath". He might well have not recalled it. Maybe his memory is terrible.

Help this ignoramus out.


Lying under oath means knowingly telling a falsehood in a setting where it is a crime to do so. Perjury. Saying you don't recall is not a lie, because it is very hard to prove what exists in your memory.

But if it can be shown that you knowingly lied when you said "I don't recall..." then you may yet have committed perjury. This could happen if there is recent video or audio of you talking about the subject you claim not to recall.

There are few things more satisfying than sitting at a hearing or even in a deposition and getting the person on the stand to say "I don't recall" multiple times in a row, then you break out the documents showing them doing what they "don't recall."

"Mr. Johnson, do these documents on your letterhead, bearing your signature, help refresh your recollection?"

I had a fraudulent FMLA case a number of years ago where the person claimed to be bedridden and we had video from a PI showing the person performing yard work and even painting his garage. After asking what he did for 12 weeks and getting "I don't recall" multiple times, I played the tape. Good times. Good times!

If there are no dogs in Heaven, then when I die I want to go where they went. - Will Rogers

Emery's Third Coast Triathlon | Tri Wisconsin Triathlon Team | Push Endurance | GLWR
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Re: Law question from an ignoramus [JSA] [ In reply to ]
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JSA wrote:
ericMPro wrote:
I’m embarrassed I don’t know this, but did President Trump also *take* an oath to support and defend and all that?


He did, but, this is bit different than that.

The Oath of Office:
I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.


This is why some, including me, have argued that if POTUS does anything that is not supported by the Constitution, that act should, in and of itself, be grounds for impeachment. Impeachment was the mechanism by why the Founding Fathers planned to remove a President who acted more like a monarch. Well, offending the Constitution would seem to be grounds for that.

Ah, but for Trump, there's the out. He's literally incapable of acting in the interest of anyone or anything beyond himself. He's not violating the oath if he has no ability.



The devil made me do it the first time, second time I done it on my own - W
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Re: Law question from an ignoramus [sphere] [ In reply to ]
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Ha! That’s pretty good!

If there are no dogs in Heaven, then when I die I want to go where they went. - Will Rogers

Emery's Third Coast Triathlon | Tri Wisconsin Triathlon Team | Push Endurance | GLWR
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Re: Law question from an ignoramus [BLeP] [ In reply to ]
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Oh, its just a post by Blep.. I thought from the title POTUS had snuck in here.

Just Triing
Triathlete since 9:56:39 AM EST Aug 20, 2006.
Be kind English is my 2nd language. My primary language is Dave it's a unique evolution of English.
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Re: Law question from an ignoramus [JSA] [ In reply to ]
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JSA wrote:

The Oath of Office:
I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.


This is why some, including me, have argued that if POTUS does anything that is not supported by the Constitution, that act should, in and of itself, be grounds for impeachment. Impeachment was the mechanism by why the Founding Fathers planned to remove a President who acted more like a monarch. Well, offending the Constitution would seem to be grounds for that.


No no no you don't understand.. that just means the physical Constitution. I believe Trump does one shift of guard duty per month to preserve, protect and defend the constitution so he's covered.

EDIT: I like Sphere's angle better.

Just Triing
Triathlete since 9:56:39 AM EST Aug 20, 2006.
Be kind English is my 2nd language. My primary language is Dave it's a unique evolution of English.
Last edited by: DavHamm: Nov 18, 19 15:37
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Re: Law question from an ignoramus [DavHamm] [ In reply to ]
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DavHamm wrote:
JSA wrote:

The Oath of Office:
I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.


This is why some, including me, have argued that if POTUS does anything that is not supported by the Constitution, that act should, in and of itself, be grounds for impeachment. Impeachment was the mechanism by why the Founding Fathers planned to remove a President who acted more like a monarch. Well, offending the Constitution would seem to be grounds for that.


No no no you don't understand.. that just means the physical Constitution. I believe Trump does one shift of guard duty per month to preserve, protect and defend the constitution so he's covered.

EDIT: I like Sphere's angle better.

Yeah, sphere's is good, but, this did make me laugh!

If there are no dogs in Heaven, then when I die I want to go where they went. - Will Rogers

Emery's Third Coast Triathlon | Tri Wisconsin Triathlon Team | Push Endurance | GLWR
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Re: Law question from an ignoramus [Calamityjane88] [ In reply to ]
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It is kind of perfect, but it can undermines your credibility when you can’t recall really significant things.


I don't think Trump can do or say anything that could undermine his credibility...
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Re: Law question from an ignoramus [Kay Serrar] [ In reply to ]
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Kay Serrar wrote:
BLeP wrote:
What does "lying under oath" mean? Does "I don't recall doing that" and then proof that you did do it equal lying under oath?

That seems to be the latest Trump investigation. He said he "didn't recall" something that he in fact did actually do.

My tiny brain tells me that is not "lying under oath". He might well have not recalled it. Maybe his memory is terrible.

Help this ignoramus out.

Lying under oath means knowingly telling a falsehood in a setting where it is a crime to do so. Perjury. Saying you don't recall is not a lie, because it is very hard to prove what exists in your memory.

But if it can be shown that you knowingly lied when you said "I don't recall..." then you may yet have committed perjury. This could happen if there is recent video or audio of you talking about the subject you claim not to recall.

Falsely asserting that you don't recall while under oath is perjury whether it can be proven or not.

“Read the transcript.”
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Re: Law question from an ignoramus [sslothrop] [ In reply to ]
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Thought he had the greatest memory...https://www.washingtonpost.com/...emories-of-all-time/
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Re: Law question from an ignoramus [JSA] [ In reply to ]
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JSA wrote:
Kay Serrar wrote:
BLeP wrote:
What does "lying under oath" mean? Does "I don't recall doing that" and then proof that you did do it equal lying under oath?

That seems to be the latest Trump investigation. He said he "didn't recall" something that he in fact did actually do.

My tiny brain tells me that is not "lying under oath". He might well have not recalled it. Maybe his memory is terrible.

Help this ignoramus out.


Lying under oath means knowingly telling a falsehood in a setting where it is a crime to do so. Perjury. Saying you don't recall is not a lie, because it is very hard to prove what exists in your memory.

But if it can be shown that you knowingly lied when you said "I don't recall..." then you may yet have committed perjury. This could happen if there is recent video or audio of you talking about the subject you claim not to recall.


There are few things more satisfying than sitting at a hearing or even in a deposition and getting the person on the stand to say "I don't recall" multiple times in a row, then you break out the documents showing them doing what they "don't recall."

"Mr. Johnson, do these documents on your letterhead, bearing your signature, help refresh your recollection?"

I had a fraudulent FMLA case a number of years ago where the person claimed to be bedridden and we had video from a PI showing the person performing yard work and even painting his garage. After asking what he did for 12 weeks and getting "I don't recall" multiple times, I played the tape. Good times. Good times!

You had the luxury of cross examination.

How does Danny Hart sit down with balls that big?
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