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Politics : Politics for Pros- moderated
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From: Thomas M.6/2/2022 8:27:14 AM
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garrettjax
ig

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The Sussmann trial hinged on whether his lie was material. The judge and the jury ignored the law on materiality. They made up their own law. They said Sussmann's false claim of independence didn't influence the FBI's decisions.

It doesn't matter if your lie to the FBI actually did influence an FBI decision. It only matters if it could have potentially influenced an FBI decision.
A statement is "material" if it has a natural tendency to influence or to be capable of influencing the decision of the decisionmaker to which it was addressed, regardless of whether the agency actually relied upon it.

mad.uscourts.gov
To be material, a fact must be capable of influencing or affecting a government function; however, the government does not actually have to be influenced.

digitalcommons.lmu.edu

digitalcommons.lmu.edu

Tom
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