Replying to @⁨snooggums@piefed.world⁩

They call witnesses and experts to present facts and other testomony which is why they are under oath.

So, how can “fake witnesses” exist? Last I heard, witnesses were required to appear on the witness stand, take the oath, and present their evidence.

The US Supreme Court has upheld the Confrontation Clause of the constitution in recent cases, too. The prosecuted have the right to face their accusers.

Replying to @⁨Chozo@fedia.io⁩

What the lawyers say is not under oath unless they go to the witness stand and swear in. The main reason is that lawyers mainly are in the court to make opinionated arguments, not to give facts.

Lawyers do have a “duty of candor” to the “tribunal” at all times, however. This is because they have taken an oath (different from the witness oath) to become “officers of the court”. This means they cannot knowingly misstate facts or law to the court.

But the maximum exposure on a duty of candor violation is court sanctions, like fines or adverse court outcomes, possibly contempt, and bar discipline, and so on. It’s not the crime of perjury.

Replying to @⁨finley@lemmy.zip⁩

There is a rule that covers fake citations, AI or not. But it’s not immediate.

What’s happens is the court makes a disciplinary referral to the state bar association, which handles barring and disbarring. At minimum there’s some kind of additional bar discipline hearing before adverse action.

Each federal court, district or appellate, can also independently revoke admission to the bar of that individual court.