One of the problems with modern journalism is a dogged attachment to its curious brand of “objectivity” is a misplaced faith in offering direct quotes from principals without commentary. Not that quotes can’t be newsworthy in themselves, but far, far, far too often it’s misleading dreck peddled by liars or fools. Laying it out there as news only serves to further muddle the real story.
Which brings us to the latest instance of legal analysis by crackpot, courtesy of conspiracy theorist Jerome Corsi who told NBC that he’s getting indicted in the Mueller probe. But NBC couldn’t help but include a quote from Corsi meant to ignite the passion of a million Pizzagate brigadiers.
BREAKING: Roger Stone pal Jerome Corsi tells my colleague @annaschecter that Mueller's investigators informed Corsi about a week ago he will be indicted for perjury. "When they have your emails and phone records…they're very good at the perjury trap," he says.
— Ken Dilanian (@KenDilanianNBC) November 12, 2018
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And with that, mentions of “perjury trap” took another uptick on social media and Google searches for “what is a perjury trap” took another spike. Yet despite Corsi’s whining, this is almost assuredly not a perjury trap and everyone needs to quit indulging these idiots when they try to paint it as such.
As laid out before, getting caught committing perjury does not a “perjury trap” make. A perjury trap is when a prosecutor — knowing they cannot prosecute someone for a specific crime, for example, because it’s time-barred — forces the witness to lie about the crime so they can be prosecuted for the new, non-time-barred perjury claim. It’s a shady and frankly slimy prosecutorial tactic. It is, however, not the same as “bringing charges when someone intentionally and materially lies to authorities.”
Corsi was subpoenaed to testify about his knowledge of an illegal hacking operation. Mueller’s office — apparently — can prove Corsi knowingly lied in his statements to investigators. But Corsi’s Scooby villain excuse that he would’ve gotten away with it if it weren’t for that pesky transcript doesn’t fly. This isn’t entrapment and it’s reckless to allow him to stir up his wingnut “the government is out to frame me” followers by misapplying legal buzzwords.
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Reach out to continue the conversation on how to most effectively detect, prevent, and correct this or other types of fraud, cybercrime, misconduct, and non-compliance.
Catching someone in a lie is not a trap. Call out this lunacy whenever you see it.
It’s Not A ‘Perjury Trap’ Just Because You Plan To Commit Perjury
Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news.