Page 2 - Material Misrepresentation News Today

Truth, only person thats telling the truth is brett kavanaugh. >> i think the only thing we have to separate is lying about what -- and i know we all say, we all teach our kids, all lies are bad. but theyre not all equal. and it has to be a material misrepresentation. and its for the senators to decide. but ill tell you what. conversations like this, access to your client, and what shes going to be table to offer, very helpful. >> she has offered to take a polygraph exam. shes offered to meet wi...

>> i agree with you, but this guy has lied repeatedly throughout the process. fox news, the senate judiciary committee. he is not a genuine person, he is lying repeatedly about drinking too much. i mean, let me get this straight. all of these women are liars. his friends from yale law school, theyre liars. the only person thats telling truth, only person thats telling the truth is brett kavanaugh. >> i think the only thing we have to separate is lying about what -- and i know we all say, we all ...

So how would the allegation be corroborated in that setting when youre only setting it up for a he said/she said. it was set up to be unsatisfying. thats why brett kavanaugh took the unprecedented step of going on fox and painting a perfect picture of himself before a friendly face. and by doing so, he painted himself into a corner that he has spent every moment since then trying to get out of. the proof? many who have known him and may have thought he was a fine choice for the supreme court hea...

If judge kavanaugh is shown to have lied to the committee, nominations over? >> oh, yes. >> im going to give you the eyebrows facedown? really? interesting to hear the senators do that. why? because are all lies equal? i know we tell our kids they are. but in this setting, a material misrepresentation of fact. does this qualify? now, if it turns out that kavanaugh did lie under oath, the trouble for senators who you be, now, do i trust anything that he said? well, thats not a legal standard. yes...

After he announced that philadelphia would no longer give data to i.c.e. and turned around and the guy who had been deported came back five years later, i.c.e. asked for a detainer for the man, philadelphia let him go and he raped a 5-year-old child? none of this is fact? none of this is true? >> who says its not fact? who says its not true? >> how is that less relevant than you trying to get me to answer the same question 12 times? >> because you keep ducking it. he lied, kellyanne. >> im not d...

We have no reason to know that. a perjury trap is a form of arguable prosecutorial misconduct. this is form of entrapment. youre not supposed to do this, bring you into an interview just to try to get you to lie. and the precedent, is well, did they bring you in for fact finding purposes? perjury is what theyre really worried about, a material misrepresentation of fact for the purpose of deception. its a crime. so the idea if they believe comey instead of trump and thats it, thats not it. its a ...

Just to get you? thats the argument theyre making for flynn. we have no reason they believe they want to do that. perjury is what theyre really worried about, a material misrepresentation of fact for the purposes of deception. its a crime. so the idea if they believe comey instead of trump and thats it, thats not it. its a crime. they would have to prove it beyond a reasonable doubt. okay, now, i argue rudy uses this phrase because its part of their narrative, if the president is being victimize...

Disbarred but he will suffer some sort of professional discipline. >> harris: is this in fact attorney-client privileged information? >> it was unless it involved a discussion of a crime or fraud. 100 years ago, when i went to law school, the law was whatever the client and the lawyer talked about, no matter what it was was privileged to the client and put it release it. the law changed, the crime fraud exception to attorney-client privilege. >> harris: you say there was fraud here, how so? >> a...

Now, if bob mueller decides to subpoena the president, then that issue will almost certainly make its way to the supreme court, and at this point we might all welcome the supreme court deciding that issue so we dont have to relitigate this every time people are sort of dragged through the wet sand of presidential misconduct. but the other thing is we all know the president can sit voluntarily for an interview. now, i dont believe the defense team will allow the president to do that because theyr...

I want to start with this. how could a sit down interview with special counsel mueller be a perjury trap for the president? >> very, very simple. you have to remember a couple of things. first of all, its easier hurting pussycats than trying to control what president trump is going to say. that is a fair statement everyone would agree with. you have to understand what a material misrepresentation is. anytime you make a statement to a police officer or federal agent you are making a difference. t...