ribit,
This DA knowingly put a lying witness in front of the grand jury.
Sec. 1622. Subornation of perjury
Whoever procures another to commit any perjury is guilty of subornation of perjury, and shall be fined under this title or imprisoned not more than five years, or both.
In practice, you need to show five elements to support a charge of subornation of perjury:
* The defendant made an agreement with a person to testify falsely.
* There must be proof that perjury has in fact been committed
* The statements of the perjurer were material.
* The perjurer made such statements willfully with knowledge of their falsity.
* The defendant had knowledge that the perjurer's statements were false.
McCulloch just out-and-out admitted to four of those five elements.
The only one in doubt is whether McCulloch and the lying witness made any kind of pre-trial agreement to lie. McCulloch will clearly say that he did not. But it sure seems like McCulloch went out and solicited false statements from "witnesses," statements taken right out of the newspaper, from people he knew where not there.
There are also specific laws in Missouri governing the subornation of perjury. BuzzFeed reports:
"A lawyer should not present testimony that he believes to be false," Steven Lubet, a law professor at Northwestern University, told BuzzFeed News. "That is especially true in a proceeding that lacks all of the usual safeguards, such as opposing counsel and a judge."
What's perhaps most troubling is the cavalier way he's explaining his potential crime. It would have taken nothing for McCulloch to say: "Gosh, I dunno, I had suspicions about many witnesses — obviously not everyone could be right — but I didn't know the truth any more than anyone else and I trusted the grand jury to be fact finders here."
more:
http://www.atlredline.com/did-robert-mcculloch-just-admit-to-suborning-perjury-1673375395
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