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Do the affidavits the SmearVets signed prevent them from breaking ranks?

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brentspeak Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 10:20 PM
Original message
Do the affidavits the SmearVets signed prevent them from breaking ranks?
Edited on Sat Aug-21-04 10:21 PM by brentspeak
Suppose some of O'Neill's SwiftVets have second thoughts about their own sordid role in the smear -- would the affidavits O'Neill insisted they each sign somehow put them in legal trouble if they take back what they said?

Does O'Neill have his own SwiftVets by the gonads?
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rwenos Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 10:24 PM
Response to Original message
1. Only if . . .
Edited on Sat Aug-21-04 10:25 PM by rwenos
the second statement was also under oath.

Since the affidavits are not part of a court case, as a practical matter there could be no perjury conviction -- no way to establish the "materiality" element of the perjury charge, which requires a showing of (1) a statement under oath; (2) which is false; (3) with knowledge of the falsity of the statement; (4) which is material to the case being heard.

Element (4) is the one that can't be established -- "materiality".

No case pending, no court or enforcement agency to which the statements were submitted, no perjury.
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xray s Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 10:25 PM
Response to Original message
2. I doubt those affidavits are worth the toilet paper they are written on
Edited on Sat Aug-21-04 10:26 PM by xray s
Totally meaningless documents designed to feign authenticity to lies.
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rwenos Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 10:26 PM
Response to Reply #2
3. Dead On . . .
The affidavits were clearly written with the knowledge they have no legal effect.

Just Pubbie posturing.
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brentspeak Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 10:34 PM
Response to Reply #2
4. You're probably right
I just wonder if O'Neill has made some of them believe that it IS a binding legal document. That's just a conspiracy theory on my part, but we DO know that O'Neill is one slimy S.O.B. who's willing to say or do anything to keep his smear going.
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rwenos Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 10:42 PM
Response to Reply #4
5. Oh, C'mon . . .
Everyone KNOWS Pubbie lawyers don't lie. Just Democratic ones.

(Sound of toilet flushing.)
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