"...But the claim that his testimony was perjurious as a matter of law is wholly without merit.
Perjury is not inaccuracy.
It must be willfully false testimony.
Willfulness is the criminal law’s most demanding mens rea (state of mind) requirement.
...Now, let’s look at the relevant portion of the transcript, the nub of which the Post has excerpted as follows:
Sessions: "Senator Franken, I’m not aware of any of those activities. I have been called a surrogate at a time or two in that campaign and I didn’t have — did not have communications with the Russians, and I’m unable to comment on it."
Senator Franken patently framed this line of inquiry in the context of Russian espionage against the Trump campaign, drawn from CNN’s report of a salacious, discredited, uncorroborated dossier.
It claimed that the Russians had acquired compromising personal and financial information about Donald Trump.
With that premise, Franken added the dossier’s claim that “there was a continuing exchange of information between Trump surrogates and intermediaries for the Russian government.”
The point that Franken was clearly driving at was that Sessions, having supported Trump and been a Trump-campaign surrogate, should recuse himself as attorney general from any investigation probing communications between the Trump campaign and Russian officials..."
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