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"They start becoming unsworn witnesses in the jury room," he said.
I'm allowed to lie in the pursuit of truth, and an unsworn witness may also lie, while a sworn witness better not, and a suspect can exercise his or her right against self-incrimination anytime.
So for days political leaders have run from one closed-door meeting to another, trying to find a way for Mr. Nakasone to testify after the investigation is closed -that would preclude him from indictment - or as an unsworn witness.
Peter Fleming Jr. and King's other lawyers were barred by United States District Judge Lawrence McKenna from identifying themselves as the same King team at the settlement talks, lest they be recast as unsworn witnesses, and possibly dispute testimony by a sworn witness.