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(82,849 posts)
7. That will probably come up on appeal
Thu May 4, 2017, 11:41 AM
May 2017

Trial (note that I said trial) judges are skittish about ruling on the constitutionality of the law or statute allegedly violated during a criminal proceeding. Allegations against the constitutionality of the law or statute are put into the trial record to preserve the issue for an appellate court, should a conviction result from the trial. That's where the court will get into First Amendment issues, allegations of unconstitutionally vague wording of the law, and so forth.

But at this time, it's instructive to realize that we live in a country where laughing at a nominee during his confirmation hearing is punishable, but that same nominee lying under oath during that hearing is not.

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