Well, Eric that depends on what your definition of ‘is’ is

RCP

Rep. James Sensenbrenner asked Holder: “Tell me what’s the difference between lying and misleading Congress, in this context?”

Holder’s response is a bit Clintonian. “Well, if you want to have this legal conversation, it all has to do with your state of mind and whether or not you had the requisite intent to come up with something that would be considered perjury or a lie,” Holder said