In Type 2 perjury per se, what must be proven by the government?

In Type 2 perjury per se, the focus is on the inconsistency between two statements made under oath. To prove this form of perjury, the government must establish that one of the two obviously inconsistent statements made by the suspect was indeed false. This means that if a person swears to one thing in a legal setting and later swears to something that directly contradicts that statement, it becomes a clear case of potential perjury.

The basis of this requirement is that the law presumes that a witness is consciously aware of the truthfulness necessary when giving testimony, and if they fail to maintain that truthfulness, especially when their statements are irreconcilable, the intent to deceive can be inferred. By proving that one of the inconsistency aspects is false, the government effectively demonstrates the likelihood of deception, which is central to the charge of perjury.

Other options might emphasize different aspects of the framework surrounding perjury, such as the requirement of intent or the nature of the written statement, but for Type 2 perjury per se, establishing the existence and falsity of inconsistent statements is paramount.