Whatever4 wrote: ↑
Fri Jul 31, 2020 10:38 am
Reading the Miami Herald story.
What does this mean?
It is bad writing (or editing) trying summarize a creative legal argument. Bad journalism on top of bad lawyering.
I haven't read Maxwell's briefing, but it reads like her argument was that her lying wasn't perjury because the deposition was voluntarily given and therefore she had no intent to deceive during a legal proceeding
. In other words, her lying was just for funsies and not a crime.
Again, I'm trying to infer without reading the actual argument. But it sounds like a weak attempt (that we know was unsuccessful) to find a technical, legalistic argument that it was impossible for her to have committed the crime of perjury. And therefore her deposition was irrelevant and therefore should remain sealed.
Some expensive lawyers dazzle because of their brilliance. And some attempt to dazzle with the resources to produce volumes in an effort to overwhelm.