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Trump attorney openly admits to judge under penalty of perjury that there's no election fraud (Original Post) UCmeNdc Nov 2020 OP
I've seen this posted many times today Cirque du So-What Nov 2020 #1
Promised a ruling by the end of the week, possibly tomorrow. n/t jpljr77 Nov 2020 #2
THIS question needs to be asked by bluestarone Nov 2020 #3
I don't think it was under penalty of perjury. rsdsharp Nov 2020 #4
Why don't you think it was under penalty of perjury? Dream Girl Nov 2020 #5
see below. lawyers usually aren't making statements under oath/affirmation. unblock Nov 2020 #7
It was the attorney, not a witness under oath... Thomas Hurt Nov 2020 #8
He wasn't under oath. rsdsharp Nov 2020 #9
right, lawyers make arguments and allegations which they may support with others' evidence. unblock Nov 2020 #6

Cirque du So-What

(25,908 posts)
1. I've seen this posted many times today
Wed Nov 11, 2020, 06:28 PM
Nov 2020

Did the judge say GTFO or what? It would be good to hear the rest of the story.

bluestarone

(16,861 posts)
3. THIS question needs to be asked by
Wed Nov 11, 2020, 06:32 PM
Nov 2020

EVERY judge in EVERY state!! BEFORE they go any further with the hearing!!

rsdsharp

(9,137 posts)
4. I don't think it was under penalty of perjury.
Wed Nov 11, 2020, 06:38 PM
Nov 2020

He would be subject to sanction for making a false statement to the court, including fines, and possible license suspension for violation of ethical rules.

rsdsharp

(9,137 posts)
9. He wasn't under oath.
Wed Nov 11, 2020, 06:58 PM
Nov 2020

Attorneys are officers of the court. They are subject to the ethical rules of practice in their state of license or where they are admitted pro hac vice. They are also subject to the local rules of court, and the applicable procedural rules.

FRCP 11, and similar rules in all states, make counsel responsible for the factual representations they make orally or in writing. Violation of their responsibilities make them (and their clients) subject to sanctions. Violation of the governing rules, without more, are not crimes.

unblock

(52,118 posts)
6. right, lawyers make arguments and allegations which they may support with others' evidence.
Wed Nov 11, 2020, 06:49 PM
Nov 2020

they aren't making statements under oath/affirmation and so aren't usually subject to perjury laws in their capacity as a lawyer.

note also that a lawyer would typically say something like "we intent to demonstrate to the court that there was fraud" or "we believe the evidence we present will be sufficient for a finding of fraud" rather than make a statement of fact such as "there was fraud".

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