I agree that the possibility of avoiding prosecution for perjury raises some interesting issues. I was originally going to post something that I was going to call "inadvertent perjury" but decided against it. The thought is still half-baked in the back of my head, but there may (or may not) be something to it. Regardless, I have a feeling that SCOTUS is going to ulitmately have to weigh in. The question remains on whether or not this will be the vehicle that chose to do so.
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