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"I have a hard time with this because basically what he [Clinesmith] says in his allocution, which is where you explain to the judge what you did that makes you guilty, he said that he altered the document but he didn’t intend to deceive anyone," McCarthy explained.
"And a false statement under federal law, it’s not enough that you know you are saying something that’s false, it has to be willful which means you have to have an intention to deceive, an intention to violate the law."
During the plea hearing, Clinesmith was asked to affirm that he "intentionally altered an email, and added language" that "individual number one" was "not a source ... and you knew that statement was in fact not true."
Clinesmith replied, "At the time I thought the information I was providing was accurate, but I am agreeing the information I inserted was not originally there, and I inserted the information."
"What he is trying to do is, he wants to say he didn’t mean to deceive the court, and I think the story is preposterous," McCarthy said.