Benjamin Wittes on “the perjury trap”:
… Read the restOk, here’s a little primer on the perjury trap: What it is, what it isn’t, and whether Bob Mueller’s seeking an interview with Trump in which Trump might lie is one or not.
First off, the perjury trap is a real thing. It’s not simply a concoction of the right-wing fever swamp. When it happens—and it is successfully argued only rarely—it is a form of entrapment that can constitute an affirmative defense against a charge of perjury.
Bennett Gershman, in a law review article on the subject, described the perjury trap as “the deliberate use of the grand jury to secure perjured testimony” and suggested that the hallmarks include the intentional solicitation of
