The New York Times has just leaked the questions that Robert
Muller wants to ask President Trump.
As a rule I do not comment on legal matters, and I will not
make an exception here. I will, however, report the thinking of law professor
Ann Althouse, to the effect that the questions, especially those that concern
state of mind, are a perjury trap.
Althouse writes:
I
cannot imagine trying to answer questions about what was going on in my mind at
all these precise points in the past. Do you have access to the contents of
your mind like that? Even when an interaction is happening, I don't have a
clear, precise view of my own motivations and intentions. Thinking about it
immediately afterwords, I might puzzle about it, even when I'm under no
pressure and it's only one incident. But I would never be able — even if I
believed I deserved no criminal punishment — to sit down to a high-stakes
questioning about many interactions that occurred over the course of many
months and purport to tell the truth about what I was thinking on all those
occasions. There would be no way not to lie. Continually.
Her analysis keeps it in perspective.
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