>>6055642 (LB)
The Supreme Court
explicitly stated that a false statement in a warrant affidavit exists when a law
enforcement officer affiant "knowingly and intentionally, or with reckless
disregard for the truth," makes a statement which is not "believed or
appropriately accepted by the affiant as true."'
Under the law of perjury, "when one makes an unqualified statement of a fact as true which he does not know to be true,. . . such unqualified statement will itself constitute perjury."'
What the standard does contemplate is a showing of a substantial likelihood that, under all the circumstances, the omitted fact would have assumed actual significance in the deliberations of the reasonable shareholder.
This causation standard is also analogous to the materiality test used to determine criminal liability for perjury. A person commits perjury if she makes an intentionally or recklessly false statement under oath that has "a natural tendency to influence, or [be] capable of influencing, the decision of the decision making body to which it was addressed.
Comey is a criminal. Just hang up your hat.