Barbara McQuade

speaker
424 appearances 2 recordings 2 series first heard Oct 2025 last heard 7 Feb

Barbara McQuade’s voice in public audio — every appearance, attributed to the second.

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Recordings per month over the last 12 months — 2 in all, peaking in Feb 2026 with 1.

Appearances

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But Cruz botches it in 2020 because he doesn't say Clinton investigation.
He says Clinton administration.
My guess is it is this tangle that is causing other prosecutors to say this case is a mess and can't be charged.
And I think as a result, it really clutters a case where a jury is going to be asked to find unanimously guilt beyond a reasonable doubt.
So the other flaw with this case is, as you said, Cruz is going back to 2017 and asking about a question that was asked by Senator Chuck Grassley at that time.
And the reason I imagine they use the 2020 restatement as opposed to the 2017 statement is because the statute of limitations is only five years.
And so it's too late to charge for the 2017 thing.
So instead, you're stuck with what Ted Cruz says.
Yeah, it's an interesting concept.
So a variance is a legal term of art, and that is you charge one crime, but you proved another.
And that is fatal to an indictment.
So, for example, say I charged you, Tanya, with robbing a bank, the First Bank of America, on July 1st.
But at trial, the evidence I prove is that you robbed the Second Bank of America on August 1st.
I may have proved out a crime, but it's not that crime.
And that would be a variance from the indictment in violation of your due process rights, because a defendant is entitled to fair notice of that with which he is charged so that he can mount a defense and share an alibi if he can say I was somewhere else on August 1st of this year.
And so for that reason, a false statement pertaining to the Clinton administration is different from a false statement pertaining to the Clinton investigation.
That's about the email server, not about the Clinton administration.
And in addition, there is some argument that it isn't about either of those things, but it's about the Clinton Foundation.
And that was what they were investigating.
So
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