“Isn’t Trump risking a perjury charge if he testifies? And is perjury a separate charge that would require another trial?” — Matthew Gruskin, Fort Worth, Texas. Hi Matthew, Yes and yes. Given the defendant’s loose relationship with the truth, the odds of him lying on the stand if he testifies seem pretty good. Defendants have the right to testify, but they don’t have the right to lie.
” Under New York law, a false statement is “material” when it “reflects on the matter under consideration during the action or proceeding in which it is made, or tends to support and give credit to the witness in respect to a main fact in issue.” So Trump lying about, say, his height and weight probably wouldn’t cut it. But the defendant would have plenty of opportunities to earn himself a perjury charge if he took the stand.
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