While your point is valid for every day communication, I don’t think it matters when being interviewed by the FBI. Claiming you misremembered doesn’t cut it.
The mere claim may not, but the prosecution will have the burden of vitiating that defense. The law requires that the act was undertaken knowingly and willfully.
vitiate
verb (used with object), vitiated, vitiating.
1.
to impair the quality of; make faulty; spoil.
2.
to impair or weaken the effectiveness of.
3.
to debase; corrupt; pervert.
4. to make legally defective or invalid; invalidate:
to vitiate a claim.
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