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24601

(4,137 posts)
20. Your understanding is suborning perjury is not accurate. The key element that is missing is the
Sun Dec 21, 2014, 06:44 PM
Dec 2014

aspect of convincing someone to lie under oath - or the act of procuring someone to lie under oath. Neither of those are present in the circumstances presented.

You may wish to review the information
http://en.wikipedia.org/wiki/Subornation_of_perjury

Sometimes a Defense Attorney is faced with a client who insists on taking the stand to lie. In most jurisdictions, the attorney is ethically obligated to withdraw from the case, and failing to do so is a violation of the bar's code of conduct, but does not constitute suborning perjury.

In the Ferguson case, the States Attorney is "the people's" attorney at large and is not the personal attorney of anyone testifying before a grand jury.

When a DA, State's Attorney or US Attorney subpoenas a witness who lies, that attorney has bit suborned perjury - but may be in a position to charge the witness with perjury after the fact.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Didn't McCulloch quote witness #40 when he gave his spiel after the grand jury voted not to indict. Jim__ Dec 2014 #1
I think you're right. On MSNBC they showed their show hosts repeating that "charging" quote Judi Lynn Dec 2014 #3
He paraphrased the testimony of an unnamed witness or witnesses. I believe KingCharlemagne Dec 2014 #5
Kicking for more exposure - nt KingCharlemagne Dec 2014 #2
WTF?? n/t bvf Dec 2014 #4
it is called Old Codger Dec 2014 #6
Thank you. Well stated. n/t Judi Lynn Dec 2014 #8
In theory, but we all know he won't be charged davidpdx Dec 2014 #9
We can hope Old Codger Dec 2014 #12
There have been rumors about he and McCaskill possibly both running for governor davidpdx Dec 2014 #13
+1 nt Live and Learn Dec 2014 #16
Your understanding is suborning perjury is not accurate. The key element that is missing is the 24601 Dec 2014 #20
OK but Old Codger Dec 2014 #21
Attorneys have an ethical obligation to avoid presenting/allowing to be presented ... 1StrongBlackMan Dec 2014 #27
In the US, you can pretty much sue anyone for anything. But having a case that isn't immediately 24601 Dec 2014 #28
Agreed ... I think ... 1StrongBlackMan Dec 2014 #29
Message auto-removed Name removed Dec 2014 #7
Whatever happened to the rule against 'suborning perjury'? n/t PoliticAverse Dec 2014 #10
But just to confuse the grand jury a bit more, he thought " What the hay?" Dont call me Shirley Dec 2014 #11
This so-called prosecutor deserves the big mrdmk Dec 2014 #14
This prosecutor is a joke IHateTheGOP Dec 2014 #15
Don't see anything funny about him. lark Dec 2014 #18
This begs the question TNNurse Dec 2014 #17
How is this guy still DA? Why the hell has HE not been charged? Can he be disbarred for this? diabeticman Dec 2014 #19
The criminal actions of MCColluch has cause this nation lots of pain. He is the reason for all sammy750 Dec 2014 #22
he also allowed all the witnesses santroy79 Dec 2014 #23
It's all chaff. Jackpine Radical Dec 2014 #30
Why is he being prosecuted? Missourans should be getting signatures at the very least! vkkv Dec 2014 #24
Witnesses claiming an execution style head shot were clearly lying based on forensics hugo_from_TN Dec 2014 #25
The problem is not, so much, that he placed ... 1StrongBlackMan Dec 2014 #26
It's clear MANY witnesses lied, based on the forensic records NickB79 Dec 2014 #31
I wonder adieu Dec 2014 #32
Can the bar association get involved in this? truebluegreen Dec 2014 #33
He should be disbarred Helen Borg Dec 2014 #34
I get that. truebluegreen Dec 2014 #35
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