Name: Will Amber Heard Be Charged with Perjury? - Part 6 - Morgan Tremaine, Unexpected Good Guy
Uploaded: 2022-09-04T13:00:26+00:00
Duration: 25 min 29 s
Description: In this series, we looked at Morgan Tremaine, one of the Day 22 "randos" who absolutely obliterated Amber Heard's credibility, and why his testimony might provide the best grounds yet for charging her

3 years ago

In this series, we looked at Morgan Tremaine, one of the Day 22 "randos" who absolutely obliterated Amber Heard's credibility, and why his testimony might provide the best grounds yet for charging her with perjury. "Spicy Draco" the paparazzi dispatcher from TMZ isn't necessarily who you'd expect to be the surprise hero of a celebrity trial, but in just over fifteen minutes on the stand, he exposed the workings of her DV hoax and drew a roadmap for the perjury case against her.

In Part 6, we look at what's needed to charge Amber Heard with perjury: A willing prosecutor, and a provable case. We'll explore the elements of perjury: Willfulness, falsity, and materiality, with assistance from applicable Virginia statutes and caselaw. Morgan Tremaine's testimony made a powerful circumstantial case for perjury, but that might not be enough to convince a prosecutor to pursue it, and California's reporter's privilege is a big barrier to using ordinary investigative tools like subpoenas to look for documentary evidence. So, even though Morgan Tremaine's testimony unmasked her as a liar, Amber Heard will still probably skate, which sends an unfortunate message about the value of integrity in the justice system.

00:00 Intro
00:41 Everyone is wondering why some people are allowed to lie with impunity
01:05 Charging decisions are political
03:13 How to prove perjury in Virginia
03:24 Aside - one definition of perjury explains a lot of Amber's testimony
05:31 The definition that applies in light of Morgan Tremaine's evidence
06:37 Examining the "materiality" element in Virginia cases
11:00 Proof challenges: A falsifiable statement is needed
12:55 If Amber transfered the copyright to TMZ, she knows she was lying
13:13 It's material because it's a lie about perpetrating her abuse hoax
14:24 What we got from Morgan Tremaine is a circumstantial case
15:12 So why can't they subpoena proof of the copyright transfer?
16:18 About reporter's privileges
17:44 California's reporter's privilege is constitutional
20:15 It protects any unpublished information, not just the source
21:31 This is why we still probably won't see the perjury charge
22:27 It's a shame because accepting lies undermines the institution of justice