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Does that protect him? well, what protects him is what his intention was. if his intention was to mislead the congress, then he could be prosecuted and tried for a crime equivalent to perjury. the punishment is the same. it is five years in jail per lie whether you re under oath or not. so if they were going to prosecute him and this only happened once in modern times where the attorney general was prosecuted that would be john mitchell. they we have to demonstrate to a jury that he intentionally misled. that it wasn t a memory failure. there was some sort of misleading here, there is no question about it. the issue is did he do so intentionally or was just human nature that caused him to forget this. martha: what about the claim coming from the justice department that he was aware of the program and that he wasn t aware of the controversy related to the program. so what he was referring to, i guess is the indication that he became aware there was a controversy surrounding all of thi ....