STOP, YOU FOOLS: Do not make my President fall into a perjury trap

To be or not to be:

Should President Trump talk with Special Counsel Mueller?

We love President Trump, we want to protect President Trump, we would die for President Trump!

President Trump is doing his best to faithfully execute the Office of President of the United Sates and to protect our country from its enemies, foreign and domestic. President Trump is fulfilling his pledge to “Make America Great Again”.

President Trump and I (and probably a few others) know why he wants to be friendly with the Russians. President Trump did not tell me, although we met in Cleveland during the Republican Convention where I took a selfie of him and myself.  But I can sense why President Trump wishes to befriend the Russians (apart from the fact that they are nice people as I found out when I visited Russia). Others cannot sense it because they have no sense. They only know nonsense.

President Trump wishes to befriend the Russians for the benefit of our country. It is not for his personal gain. It has nothing to do with elections. President Trump can win elections without the Russians. But this is neither the place nor the occasion to go into detail of why President Trump wishes to be friends with the Russians.

Whoever is advising President Trump to talk with the Special Counsel who is investigating alleged Russian collusion with Trump’s people in the 2016 elections did not go to Yale or Harvard. If he did, he did not take Criminal Law and Procedure or Evidence. If he took such courses, he was sleeping in class. If he was not sleeping in class, he did not understand what was being taught. And he did not read my newspaper columns or listen to my radio show where I have been preaching: “Less talk, less mistake. No talk, no mistake.”

President Trump should fire all those ineffective lawyers who are leading (misleading) him to fall into a perjury trap. They are reportedly negotiating about the terms and conditions of President Trump’s interview with the Special Counsel. They should not even be talking about President Trump with the Special Counsel. We hope President Trump calls us. We know an excellent lawyer for President Trump. He will not Cohenise President Trump.

 

PERJURY TRAP

What is a “perjury trap”?  “A perjury trap is created when the government calls a witness before the grand jury for the primary purpose of obtaining testimony from him in order to prosecute him later for perjury. United States v. Simone, 627 F. Supp. 1264, 1268 (D.N.J.1986) (perjury trap involves “the deliberate use of a judicial proceeding to secure perjured testimony, a concept in itself abhorrent”). It involves the government’s use of its investigatory powers to secure a perjury indictment on matters which are neither material nor germane to a legitimate ongoing investigation of the grand jury. .. Such governmental conduct might violate a defendant’s fifth amendment right to due process.” United States v. Chen, 933 F.2d 793 (9th Cir. 1991).

For example, a person suspected of wrongdoing is asked to appear before a prosecutor or grand jury to answer questions. Some of the questions are seemingly harmless. The person gives an answer that can easily be proved as false. The person can then be prosecuted for perjury for giving an answer that is false. His guilt for the underlying wrongdoing becomes the secondary issue. The prosecutor might even forget about the underlying wrongdoing which he might not have been able to prove anyway, otherwise why would he seek to interview the suspect.

Anti-Trump people want to harm President Trump. They claim that he won by colluding with the Russians. The Russians have consistently denied interfering in the U.S. election in 2016. President Trump has consistently denied that there was any collusion between him and the Russians.

In the criminal justice system, if a prosecutor has evidence against a suspect, the prosecutor files charges right away.  The prosecutor does not need to talk with the suspect to extract evidence from him to support the charges.

The Special Counsel obviously has no evidence that President Trump colluded with the Russians in the 2016 election.  If he had, it would not be necessary for him to talk with President Trump. Is the Special Counsel so naïve as to expect President Trump to admit that he is guilty of collusion with the Russians? Or is the Special Counsel seeking to trap President Trump to commit perjury so that he can charge President Trump for perjury rather than collusion with the Russians for which he has no evidence?

If President Trump were to agree to talk with the Special Counsel because of the foolish advice of his lawyers, he will be asked under oath such a seemingly harmless question as: “On Labor Day in 2016, did you attend a party where there were Russians?”

President Trump might, without thinking, instinctively or defensively answer “No”.

“Gotcha,” the Special Counsel would then exclaim. “I have a witness by the name of Cocktail Molotov who is a Russian and who declared under oath that she was at a party with you on Labor Day in 2016.”

The Special Counsel would then prosecute President Trump for perjury for having intentionally made a false statement during their interview because the President had answered “No” to the question “On Labor Day in 2016, did you attend a party where there were Russians?”

Thus, President Trump would have been trapped into committing perjury.

Anti-Trump jurors and judges would then convict President Trump for perjury.

The Democrats would then seek to impeach President Trump for having been convicted of “high crimes and misdemeanors”.


(Atty. Tipon has a Master of Laws degree from Yale Law School where he specialized in Constitutional Law and Evidence. He has also a Bachelor of Laws degree from the University of the Philippines. He placed third in the Philippine Bar Examination in 1956. His current practice focuses on immigration law and criminal defense. He writes law books for the world’s largest law book publishing company and writes legal articles for newspapers. He has a radio show in Honolulu, Hawaii with his son Noel, senior partner of the Bilecki & Tipon Law Firm, where they discuss legal and political issues. He served as a U.S. Immigration Officer. He wrote the best-seller “Winning by Knowing Your Election Laws” and co-authored “Immigration Law Service, 1st ed.,” an 8-volume practice guide for immigration officers and lawyers. Atty. Tipon has personally experienced the entire immigration cycle by entering the United States on a non-immigrant working visa to write law books, adjusting his status to that of a lawful permanent resident, and becoming a naturalized United States citizen. Atty. Tipon is from Laoag City, Philippines. Tel. (808) 225-2645. E-Mail: [email protected] Website: www.bileckilawgroup.com.

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