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  #23 (permalink)  
Old Wed Jun 11, 2008, 08:57pm
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He only risks perjury if he actually goes to court to testify about it; and if his testimony is demonstrably false.
That's not necessarily true. First, he can be signing an affidavit. Second, in addition to perjury, there's the False Statements Act which covers lying to a federal law enforcement agency. Trust me when I say he is NOT lying. He's not looking at a very long sentence as it is (maybe 24 months). If he's dumb enough to lie and commit one or two other felonies, he will easily double or triple his sentence. His statements may be designed to lessen his sentence, but there is a small chance of that vs. a very big chance of extending it if they charge him with additional felonies.

Further, his lawyers are submitting his statement in a court filing. This isn't testimony on the stand that he just said, without preparation or rehearsal. His lawyers would know if this stuff isn't true and aren't going to risk their license by filing a false affidavit. If he had blurted a lie out in court, that's one thing. Filing a brief with evidence attached is completely different.

David Stern knows he isn't lying and would parade the officials who called that game in front of ESPN for a breakdown of the plays if needed. He won't do that since he thinks the NBA's circus is a well kept secret.
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