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“This is not a legitimate perjury case”: Fmr. Prosecutor on E. Jean Carroll Investigation

Channel: MS NOW Published: 2026-05-28 11:01
MS NOW

This segment is a legal-news discussion about the DOJ opening a criminal investigation into E. Jean Carroll, focusing on whether she lied under oath about who funded her civil suits against Donald Trump. The guests largely argue the probe is weak, politically motivated, and unlikely to become a viable perjury case, while also noting practical issues like venue, recusal, and the Trump DOJ’s broader pattern of targeting perceived enemies.

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Detailed summary

The segment centers on a newly reported DOJ criminal investigation into E. Jean Carroll, the writer who won two major civil judgments against Donald Trump. The anchor frames the probe as focusing on whether Carroll lied under oath about the source of funding for her lawsuits. The discussion quickly turns from the factual setup to the larger political meaning: the reporters and legal analyst describe it as another example of what they see as Trump’s Justice Department pursuing marginal cases against political or personal enemies. Ken Dilanian says there is still very little public information, but the investigation is open and run out of the U.S. Attorney’s Office for the Northern District of Illinois. He says the apparent inquiry concerns whether Carroll was truthful in a 2022 deposition about private legal funding. …

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Main takeaways

  1. The reported DOJ probe into E. Jean Carroll is presented as a narrow inquiry into alleged false testimony about lawsuit funding.
  2. The legal analyst argues the case lacks the core elements of perjury, especially materiality and intent.
  3. Venue is flagged as a major procedural obstacle if prosecutors try to bring the matter outside the Southern District of New York.
  4. The panel sees the probe as part of a broader Trump-era pattern of retaliatory investigations.
  5. Carroll’s existing civil awards remain unpaid while appeals continue and interest accrues.
  6. Todd Blanche’s recusal is treated as limited and unlikely to change the broader DOJ power structure.

Market read by horizon

Short term

Immediate read: the reported Carroll probe looks procedurally fragile and could stall if prosecutors cannot clear materiality and venue hurdles. For now the main risk is reputational and political noise, not a clearly strong charging case.

  • The immediate issue is whether DOJ can turn a funding-related deposition statement into a viable perjury theory.
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  • Venue looks like the most obvious tactical hurdle if any grand-jury move is attempted outside SDNY.
  • Todd Blanche’s recusal matters politically, but the panel thinks operational control still sits with Trump-aligned DOJ figures.
Mid term

Over the next few months, the base case in this segment is that the matter either fades, gets delayed, or runs into early legal obstacles unless DOJ can produce a stronger factual theory. A real shift would require a formal charge supported by clean venue and a credible perjury record.

  • Over the next several weeks or months, the key question is whether the case advances beyond investigation into a formal charging theory.
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  • If prosecutors cannot show a material false statement and a proper venue, the matter likely fizzles or is dismissed early.
  • The Carroll appeals process remains a parallel track and continues to shape leverage, timing, and public narrative.
Long term

Structurally, the transcript argues this is evidence of a broader regime problem: DOJ being used as a political instrument rather than a neutral enforcement body. If that perception persists, it can erode confidence in federal institutions well beyond the Carroll matter.

  • The transcript frames the larger regime question as whether DOJ is operating as an independent law-enforcement body or as an instrument of presidential retaliation.
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  • If this pattern persists, it could weaken trust in federal prosecutorial neutrality beyond any single Carroll case.
  • The episode may become part of a lasting precedent debate about materiality, venue, and political abuse of criminal process.
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Key claims (7)

UNCLEAR E. Jean Carroll investigation

The DOJ has opened a criminal investigation into whether E. Jean Carroll lied under oath about private funding for her lawsuits.

The anchor and Ken describe an open criminal investigation centered on that alleged false statement.

BEARISH E. Jean Carroll investigation

A perjury case would require a knowingly false, material statement, and the panel argues Carroll’s deposition answer does not meet that standard.

Christy lays out perjury elements and says the statement was not material.

BEARISH E. Jean Carroll civil case

The prior judge already addressed the funding issue, which undermines the argument that the statement was material enough for criminal prosecution.

Greenberg says the judge was informed and allowed further questioning, then blocked it at trial.

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Speakers

HOST Anna SPEAKER Lisa Rubin SPEAKER Ken Dilanian SPEAKER Christy Greenberg

Interview (5 Q&A)

status of investigation

What do we know about this investigation? How far along is it? What are the allegations? Do we know of any evidence, et cetera?

Ken says very little is known beyond that it is an open criminal investigation in the Northern District of Illinois centered on whether Carroll lied under oath about private funding.

perjury merit

Does a normal independent DOJ not tasked with taking on Trump's perceived enemies take up this case?

Christy says no, calling it not a legitimate perjury case because the statement was not material and the judge had already handled the issue in the civil proceeding.

recusal

Is it surprising Blanche may have recused himself?

Ken says Blanche may have recused because he worked on the case, but argues the broader DOJ remains aligned with Trump regardless.

Unlock the full interview (2 more Q&A) Every question, answer summary, and YouTube timestamp. Unlock full Q&A

Where this transcript pushes against consensus

  • The guests assume the probe is politically motivated; that motive is asserted rather than demonstrated in the transcript.
  • The claim that the statement was not material relies heavily on the prior judge’s handling of the issue, but a prosecutor could still argue different materiality in a criminal context.
  • The venue objection is plausible, but the transcript does not establish the full investigative theory or whether any conduct occurred in multiple districts.
  • The discussion of the lawfare settlement fund is highly speculative and framed more as political theater than legal analysis.

Topics

E. Jean Carroll probeperjury standardsDOJ politicizationTodd Blanche recusalvenue in criminal casesTrump civil appealsAndrew BoutrosBroadview 6 caselawfare settlement fund

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