"Although he implied it, he didn't make a finding that Henry Lee lied on the stand and he didn't make a finding that he acted maliciously, " Rosenbluth said.

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In March a federal judge threw out Smaltz's case against Espy's brother Henry, saying the government didn't have enough evidence to prove that he had defrauded federal election authorities or lied to get a bank loan when he tried to win Michael's old House seat.

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