August 13, 2018

From MSNBC, August 8:  “The President’s lawyer’s public negotiating position is ‘the President is so guilty of SOMETHING that he will lie about it and commit perjury if he is interviewed by the Mueller team.’”

From MSNBC (this time said by a guest, New York Times reporter Nicholas Confessore), August 9:  “They said in that interview that the President’s story if told to Mueller would put him into perjury.  So what he’s saying is that the President’s story is wrong.  It’s a lie.  He just admitted it on national TV.”


Both of these statements are outrageously false.  Either the on-air personalities –- I won’t call them journalists –- spouting this kind of garbage are too stupid to be yakking about legal matters beyond their comprehension, or they think YOU’RE too stupid to figure out they’re deliberately lying to you.  In other words, they either don't know or don't care.  Logically, it has to be one or the other, because what they’re telling their audience is not true.  Either way, it’s time to stop being complacent about the anti-Trump media’s lies and the number of wildly misinformed people walking around thinking they know things (and believing them passionately).  It’s not just MSNBC misinforming them –- far from it –- though that source is one of the more blatant and consistent examples of incredible wrongness and misguided hysteria.  Every day, I see factually wrong or, at best, incomplete stories from numerous media outlets that people used to be able to trust for information.


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One major piece of misinformation making the rounds right now is related to perjury; specifically, the “perjury trap.”  We’ve talked about this before:  how someone can be as innocent as a fluffy baby chick and still be charged with perjury (if under oath) or lying to investigators (if not sworn in), and how it’s often a trap that should be avoided if at all possible.  But since the issue is being so distorted in the media, with some even saying there’s no such thing as a perjury trap, I thought it might be time to go over it again.  Rudy Giuliani thought so, too, and clarified it for Howard Kurtz –- also for Confessore, whom he called “that idiot” –- on Sunday’s FOX News show “Media Buzz,” even suggesting that it might be legal malpractice not to advise a client against going into such a situation.  Legal expert Andrew C. McCarthy evidently thought the subject was timely as well, because he coincidentally has a great new column that goes into enlightening detail on how “perjury traps” work in practice.  The folks at MSNBC should read it, and so should their lamentably misinformed audience, but they probably won’t.


“...The pundits are completely wrong,” Giuliani said.  “The reality is, and any lawyer will tell you this, truth is in the eye of the beholder.  And my client can be telling the truth, their witness can be a total scoundrel, and if they decide to go with their witness, my client’s gonna get indicted or charged with perjury in some way.  So I don’t know if they just don’t want to understand or they want to say the President’s lying.  I will tell you, he’s not lying.  All the evidence is against Comey on this.”


Okay, that’s from Trump’s own attorney, but McCarthy has no horse in this race and is just helping us understand.  He theorizes that because some of the people saying there’s no such thing as a perjury trap are “very smart” (the operative word here might be “some”), that “nonsensical” view is being “driven by politics, not law or logic.”


What McCarthy says is consistent with Giuliani’s explanation:  “The theme the anti-Trump camp is that an honest person has nothing to fear from a prosecutor.  If you simply answer the questions truthfully, there is no possibility of a false-statements charge.  But see, for charging purposes,  the witness who answers the questions does not get to decide whether they have been answered truthfully.  That is up to the prosecutor who asks the questions.  The honest person can make his best effort to provide truthful, accurate and complete responses; but the interrogator’s evaluation, right or wrong, determines whether those responses warrant prosecution.”


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McCarthy goes on to explain how this scenario played out in the interrogation of then-national security advisor Michael Flynn, in which prosecutors didn’t really even need to question him because, having (unbeknownst to him) SURVEILLED HIS PHONE CALLS, they already had the answers.  Worse, they didn’t even advise him that he was being investigated and he had no lawyer present; on the fourth day of his new job, he likely thought the meeting was just business as usual, not a formal interrogation.  He might have simply had a faulty recollection; remember, his questioners gave him the benefit of the doubt and didn’t think he'd lied, but then Mueller’s team decided differently.  That’ s how subjective it all is.


Read the full article, and you, too, will be an expert on perjury traps, wise in the ways of the FBI and special counsels who are hell-bent on prosecution.  This is how they do it, and right now they’re getting cover from “journalists” who despise President Trump so much that they’re happy to provide it.  As McCarthy says, “It’s fatuous to claim this stuff doesn’t happen.  It happens all the time.”



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Comments 1-24 of 24

  • shelley Rubinstein

    08/13/2018 10:18 PM

    They think WE'RE too stupid to figure out they’re deliberately lying to US. Drove to Mexico last Friday and south of Marfa you can only get NPR or a Mexican station. Nothing but yammering on NPR about "perjury traps" and how guilty as sin (of some sort never clearly defined) the president IS! I finally turned on the Mexican yammering. At least it was up beat!

  • Bruce Deming

    08/13/2018 08:11 PM

    The MSM continue to sing the same song everyday in perfect unison. Where are the getting the music from? Why is it always anti-Trump? We're getting real close to proving the palace coup attempt still in progress in D.C. Same show tune coming from the MSM tells me that someone or group is directing this. They must be hiding something very disturbing for all the media to risk federal RICO charges. What's in it for the MSM, and just how complicit are they in this coup attempt?

  • Bob Tidwell

    08/13/2018 06:10 PM

    The issue of witnesses determining the outcome of a trial goes back st least 4,000 yrs. when Charlton Heston went up the mountain to get those laws that were written in stone (See IX). But also, unfortunately, the lawyers are not required to facilitate the whole truth, either. In fact, the best attorneys are measured by their ability to hide the truth or discredit the truth...

  • Joseph Behrendt

    08/13/2018 05:40 PM

    I have said this many times that the Democratic party has become a cult of socialists who just want power and control and will do whatever it takes to get it , even if it means subverting the Constitution and all the values America was founded on. In the past they have been seen to twist every law and rule to mean whatever they needed it to mean to serve their personal agenda's. Mueller knows he has nothing on the President but like a cheap ambulance chaser lawyer he will stretch every law to get something on him. Like Comey stated Killary broke numerous laws but then he changed the wording in the statute and said he found no intent to break any laws. I'm a high school graduate and I saw right through that when he said it. He has direct ties to Killary Americans know it and the Bias media's have covered it up like the good little corrupt news agencies they are. There is no honor in the left anymore just hate and violence is all they are. Many who read this will say the same about me bout the last time I looked the truth was neither about hate or violence it is about finding and giving out the facts of a situation. Period.

  • jack macdonald

    08/13/2018 04:05 PM

    I need clarification on Trump being investigated and Hillary not. If President Trump didn't commit a crime and Hillary did and Trump is in charge of the DOJ, how is it that he can't instruct Sessions to sick a Special counsel on a real criminal. The evidence of her criminal enterprise are everywhere. Remember when they used to get Mafioso on RICO charges? The whole thing stinks and makes Trump seem like a docile Chump. What happened to the feisty warrior for truth and justice in charge of Swamp cleanup. Aren't Hillary and her merry band of traitorous creeps part of the swamp?

  • Arlene Hurley

    08/13/2018 01:16 PM

    Thank you mike. Always good reading.

  • Jerri Shuford

    08/13/2018 01:01 PM

    I am beginning to think that most of the news is a giant propaganda machine. I do not understand why some high up political people would be,for whatever reason, ( money, to get elected, saboteurs, want zero representation from the right?) willing to divide our Nation, undermine the office of the President & turn brother against brother. United we stand, divided we fall, and is it all...for news ratings? Selling out a country (America) for ratings, creating discord, chaos, celebrity misinformation, and HATE? SO , so shameful. Is the left making a banner "Tear America Apart". The media sure is. xo

  • Emily Yeatts

    08/13/2018 12:55 PM

    ? Why is it okay for the view when mad max waters says god has told her what to do but for mike pence it is disturbing
    ? Why is Manafort on trial if fbi director then reviewed the case and found nothing to charge him with isn’t that like double jeopardy

  • Peter Rhoads

    08/13/2018 12:50 PM

    The old bit of wisdom applies here: If a prosecutor is up to it he can indict a ham sandwich.

  • Kelly A Maggart

    08/13/2018 12:35 PM

    Dear Mr Huckabee,
    This is off topic but I was wondering where Wink Martindale found the Elvis squirrel that he gave you on your show on Saturday. It's really cool. I would love to get one if they aren't too expensive.

    I really enjoy your show!!! I'm looking forward to this week's show with your daughter, Sarah Huckabee Sanders. She's an amazing woman!!
    Kelly Maggart

  • Dorothy shepherd

    08/13/2018 12:29 PM

    Thx for informing me about perjury traps.

  • Jerry Jennings

    08/13/2018 11:32 AM

    Darkness hates light. The one thing All the "Anti-Trumper's" have in common is that they have taken God off His Throne and put themselves on it. Jesus was hated by the same crowd for the same reasons.


    In HIm,


  • Robert Skinner

    08/13/2018 11:25 AM

    Thank you Mike.
    I hope and pray that the President tells them to "stuff it".

  • Richard Kurkowski

    08/13/2018 11:15 AM

    The whole thing is totally disgusting. They want to get President Trump between a rock and a hard place. Pray without ceasing.

  • Scott Young

    08/13/2018 10:55 AM

    I'm sure the lamestream fake news as well as your average layman leftist is well acquainted with the essentials of the "perjury trap". They are also well acquainted with "getting their way" regardless of the truth. The use of faux outrage to advance a narrative at the expense of fair and just treatment is a dirty fighting tactic that indicates an opponent is very nearly done for.

  • Sega

    08/13/2018 10:37 AM

    Take the Manafort trial, their star witness just committed perjury last week as it was discovered he, not Manafort, had been stealing money and committing fraud. Manafort has been tortured for almost 2 years because they decided he was lying while believing a liar who was simply saying what they wanted to hear.

  • Howard Boggs

    08/13/2018 10:22 AM

    Why can’t the President issue an Executive Order stating that any government official, elected or otherwise, if indicted for something, is entitled to a defense at government expense? It wouldn’t stop the Left from trying to intimidate its opposition on the “civil” front, but it would enable such opposition to stay the course, without fear of economic ruin and not be intimidated into surrendering. We do it all the time when we Mirandize people. Why not here?

  • Michael Newton

    08/13/2018 10:16 AM

    This is a very sad time in America. We can no longer trust our government nor our judicial system. To both, truth has become relevant. It's become whatever they say it is-or is not. I'm 64 years old, and the America I grew up in and love as an adult seems to be gone. I no longer recognize my homeland. We need truth and justice for everyone, no matter your age, race, wealth, political affiliation, social standing, level of political power. They may try to convince Americans that truth is relevant, but God says truth is subjective. Truth is always true, it is eternally true and immutable. A lie is always a lie and cannot be made into truth. God is the final and unstoppable judge, and all evil people who attempt to deceive and make a lie seem true, will stand before God, He will judge them, they will submit to His authority over them, truth will prevail, and hell will be their reward, if they do not repent and now to the Lordship of Jesus Christ and beg His forgiveness.

  • Larry Farrar

    08/13/2018 10:13 AM

    Mike my wife & I wouldn't believe Any one except Fox News & I don't care for all of them . They will never get My wife or I to think anything but good about President Trump & VP Pence & Theyre Family's ! Thank God we Finaly have a god fearing man Men in the White House ! By the way we also Love You & your Daughter ! She is doing a fantastic Job !!

  • Howard Boggs

    08/13/2018 10:12 AM

    the fools at MSNBC should NEVER be believed, as they are not lawyers and so far beyond corrupt that no 'reasonable person should pay them any mind. Pundits are not lawyers and MSNBC has no one who know anything about law who we should listen to. I think and I have other who are of the same opinion, when the real thing comes out, MSNBC is going to look like the fools they already are and they are going to be humiliated beyond belief. Apparently Bob mueller is not prepared for an angry nation when all the facts come out. Surprise, surprise. We who are in the know are not buying what MSNBC is welling

  • Tracy Kane

    08/13/2018 10:09 AM

    Can the mainstream media be sued for defamation of character of the president through all of this misinformation that they are reporting? It seems there should be some formal recourse available to help reduce this misuse of their language to attack anyone, but specifically a sitting president. Thanks for all you do for our country and for religious liberties. I also love your daughter and the way she handles the media! I'll even watch CSPAN to catch those press conferences. She keeps them straight and lets nothing deter her! God bless you both.

  • Howard Boggs

    08/13/2018 09:58 AM

    Why can’t the President issue an Executive Order stating that any government official, elected or otherwise, if indicted for something, is entitled to a defense at government expense? It wouldn’t stop the Left from trying to intimidate its opposition on the “civil” front, but it would enable such opposition to stay the course, without fear of economic ruin and not be intimidated into surrendering. We do it all the time when we Mirandize people. Why not here?

  • Paul Omelianchuk

    08/13/2018 09:34 AM

    Dear Mr. Huckabee,

    I was thinking of the "perjury trap" of our Lord Jesus as I read this article regarding President Trump being questioned by the Mueller team. There was more than enough evidence to believe that Jesus was (and will always be) the Christ the Son of God. But there will never be enough evidence for those who will not believe. Maybe that is why Jesus did not answer any questions regarding His accusers when He had what amounted to nothing more than a murderous trial. Be encouraged today, Mike. Appreciate your thoughts.

  • Pat Calhoun

    08/13/2018 08:51 AM

    What a wonderful place our land would be if we all lived by this wise saying: do unto others as you would have them do unto you! Unfortunately, the sinfulness of human hearts nailed Jesus to the Cross because we are all for self, always trying to prove sin in another’s life without looking at the mass of sin we ourselves carry! Thank you for shedding a light on the depth of error we are being assaulted with every day from “journalists”. Perhaps they need to go back to college to be taught what TRUTH is...oops, forgot, the colleges in our land are teaching ERROR and HATRED! The only place to go is to Jesus, the Messiah, but just saying His Name puts you in the “fanatic” column! Guess I’d rather be a fanatic for Jesus than stand with the liars and haters of our land!