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Giuliani: Holder Misled Congress, But Probably Didn't Perjure Himself

Image: Giuliani: Holder Misled Congress, But Probably Didn't Perjure Himself

By    |   Tuesday, 04 Jun 2013 08:39 AM

Former New York Mayor Rudy Giuliani said Attorney General Eric Holder certainly misled Congress, but his testimony about his role in a Justice Department leak probe may not have risen to the level of perjury.

Giuliani, a former federal prosecutor, said if he was defending Holder on a perjury charge, "I could probably get him acquitted because there's enough ambiguity in the way he gave the answer."

Holder testified before the House Judiciary Committee on May 15 that "potential prosecution of the press" for disclosing classified material is "not something that I've ever been involved in."

Days later, reports surfaced that Holder had approved a search warrant application that called Fox News reporter James Rosen a co-conspirator in a leak investigation.

"We could have a big semantic argument about that, but it certainly means he was seriously involved in an investigation of a reporter with the allegation being that that reporter committed a criminal act," said Giuliani in an interview on Monday with Fox News' Greta Van Susteren.

"Now, is that a prosecution? Is it an investigation leading to a prosecution? Certainly, he misled the Congress," said Giuliani.

Giuliani said if he were a member of Congress, "I'd be going crazy tonight and basically saying, 'OK, well, maybe the attorney general is not a perjurer or a proven perjurer, but he sure has misled us and sure is being sneaky.'"

Even if Holder did not commit perjury, "he should resign for the good of the Justice Department," Giuliani said. "He's hurting the integrity and the attitude people have about the Department of Justice. Maybe he can go prove his innocence somewhere else, but he shouldn't be doing it as attorney general."

Giuliani criticized Holder for adding Rosen to the affidavit.

"What the heck is he putting that affidavit in in the first place and making these allegations against Mr. Rosen? Rosen didn't commit a crime. Rosen wasn't a flight risk," Giuliani said.

The Justice Department sent a letter to the House Judiciary Committee on Monday, insisting that Holder testified accurately when he told the committee that he had never been involved in the potential prosecution of reporters.

Giuliani said that answer is "almost as damning as admitting he committed perjury."

"They were asking about a prosecution. He gave the answer, 'I never prosecuted.' However, here's what he did. He announced under oath in an affidavit that he was putting [Rosen] under criminal investigation for the purpose of figuring out whether to prosecute him."

"This is really splitting hairs," said Giuliani.


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Former New York Mayor Rudy Giuliani said Attorney General Eric Holder certainly misled Congress, but his testimony about his role in a Justice Department leak probe may not have risen to the level of perjury.
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Tuesday, 04 Jun 2013 08:39 AM
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