When a Lawyer Proposes To 'Dull' a Witness's Memory
Instructing or even softly encouraging a witness to testify "I don't remember" when the witness says that she does amounts to subornation of perjury and obstruction of justice, just as surely as telling the witness to simply "lie" if necessary about the incident under inquiry.
January 25, 2023 at 10:00 AM
7 minute read
Lawyers—criminal lawyers, among them—often get a bad name. Sometimes, for very good reason.
Recently, however, a friend, a non-lawyer, wondered aloud to me if President Biden wouldn't have been far better off in the current classified document scandal if his lawyers—if that's who discovered the first bunch of documents—had simply burned them (actually, without even telling the President). Maybe so—although it goes without saying, as lawyers we simply have a higher calling, don't we?
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