“If he is talking about affidavits that the swearers will submit or that Giuliani will submit as their authorized agent in a judicial proceeding, they would be at risk of a perjury prosecution,” said Julia Simon-Kerr, a law professor at the University of Connecticut. “If he’s talking about affidavits he’s collected to wave in front of reporters, but that won’t be submitted in a judicial proceeding, they would not subject the swearers to a perjury prosecution.
“Given the disjunction between what is actually happening in the courts and what he is talking about,” Simon-Kerr continued, “I wouldn’t be surprised if it is the latter.”