Any bets on this one?
(From Law and Crime)
Additionally, the USAM notes, “A defendant is not relieved of the consequences of a material misrepresentation by lack of knowledge when the means of ascertaining truthfulness are available. In appropriate circumstances, the government may establish the defendant’s knowledge of falsity by proving that the defendant either knew the statement was false or acted with a conscious purpose to avoid learning the truth.”
Here, there’s a very good argument that Reid’s choices (like relying on Nichols) in allegedly attempting to ascertain the truth–again, if this is even what really happened–were actually keyed to obscure the truth. But if it turns out the hacking claims were as false as they appear and if Reid ever fully and eventually admits to their falsity, then any attempt to claim otherwise would be, well, just another misrepresentation.