false testimony

Gaetz denied the then-17-year-old’s account in a statement to ABC, calling it “invented” and “false testimony to Congress.”

He brought up a criminal case from the mid-2000s in which an appellate court said Fernandez had given false testimony during a felony trial and that the error was “deliberate and no slip of the tongue.”

The former holds that prosecutors must turn over all evidence, while the latter establishes that prosecutors failing to correct a witness' false testimony when they are aware it is false violates the defendant's 14th Amendment right to due process.

Richard Glossip, the petitioner, argues that prosecutors concealed key evidence and allowed false testimony at his trial, securing a wrongful conviction.

The due process clause requires prosecutors to turn over potentially favorable evidence to the defense, and compels them to correct false testimony.