As we learned during l’affair Lewinsky and even during the Scooter Libby trial, it is very difficult to convict someone of perjury because it involves proving their state of mind…that they knowingly lied. Even with a transcript, this is a difficult hurdle. That is the sole reason that Bush doesn’t want to allow Congress to create a written record of the testimony of his senior aides. If they lie to Congress it will be very hard to prove beyond a reasonable doubt that they knowingly lied. There are no other reasons to testify without a record.
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