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Ex-FBI director James Comey is perhaps the king of this charge, which falls under Section 1001 of Title 18 of the United States Code. It was actually Comey, as US Atty., who indicted Martha Stewart for this. He failed to nail her on the underlying crime of insider stock trading. Stewart did 5 months in federal prison for lying.
Comey was also directly involved in one of the worst travesties, namely White House aide Lewis 'Scooter' Libby. This case involved the outing of a CIA employee, Valerie Plame, whose name appeared in a Washington Post column by Bob Novak.
It turned out that Libby had had nothing to do with the outing, and it wouldn't have been illegal if he did. Nonetheless Libby was convicted for lying. President Trump later pardoned him. Incidentally Comey gives an account of this in his memoirs, and so does Bob Novak. The two accounts do not always square. Novak said that it was never even illegal to out Plame, because she was not working covertly, and so the relevant law did not apply. Comey claims that she was in fact covert. He's wrong (perhaps lying!).
Now we have Bob Mueller challenging Comey for his king's throne. Flynn, Cohen, Gates, Papadopoulos, and others have all been charged over this by Mueller. In Fear by Bob Woodward, there are heated arguments recounted between Trump and his lawyer John Dowd, and between Dowd and Mueller. Dowd tries to get Trump to see how easy it would be for Mueller to nail him on '1001.'
I understand it may be sometimes necessary, similar to how Al Capone was nailed not for underlying crimes, but for income tax evasion. But I think '1001' is being way over-used these days. What do you think?
Lying under oath is a charge that's used at all levels of our law, not just the topmost level.
It shouldn't be messed with. If someone can lie under oath and get away with it, our entire justice system loses its integrity.
You have to be very careful in what you wish for when it comes to politicians. They never last as long as a law can, and if you want a law changed to help one politician, the next time the law is applied it could come around and bite you hard because your guy is no longer in office.
Lying under oath is one of those laws that cuts both ways with a very sharp blade. Paul Manafort will testify that's the truth about the power of this law. He will be very lucky to leave prison alive with the sentences he's now facing. When he lied under oath, he lost all the protections he had when he cut his plea deal.
Last edited by banjomike; 01-27-2019 at 04:59 PM..
Lying under oath is a charge that's used at all levels of our law, not just the topmost level.
It shouldn't be messed with. If someone can lie under oath and get away with it, our entire justice system loses its integrity.
You have to be very careful in what you wish for when it comes to politicians. They never last as long as a law can, and if you want a law changed to help one politician, the next time the law is applied it could come around and bite you hard because your guy is no longer in office.
Lying under oath is one of those laws that cuts both ways with a very sharp blade. Paul Manafort will testify that's the truth about the power of this law. He will be very lucky to leave prison alive with the sentences he's now facing. When he lied under oath, he lost all the protections he had when he cut his plea deal.
This is similar to what Comey says in his book. He says that charging people with lying 'sends a message' to others that they must be truthful.
The problem I see is that a) it's way too easy to entrap people into doing it, as lawyer John Dowd demonstrated to Trump (he was trying to talk Trump out of sitting down with Mueller; b) it's way to easy for prosecutors to enforce it selectively, either for political considerations or just out of prosecutorial orneriness (as with Martha Stewart).
Former DNI James Clapper demonstrably lied to Congress, as was later proven by NSA documents released by Snowden. He was never charged. Scooter Libby was not involved in the outing of Valerie Plame, but was charged and convicted. Colin Powell's buddy Richard Armitage had actually outed Plame, but was never charged by prosecutor Patrick Fitzgerald. Oftentimes, a prosecutor just wants to nail a hide to the wall, and doesn't care about niceties.
The entire Mueller investigation is far worse than the Starr invesitgation by miles!!!
He is the one pulling the strings and just as past special investigators he is using it to his personal advantage. He cares less about justice and more about perception.
NOT A SINGLE PROSECUTION has been for his primary goal. EVERY ONE is post-investigation. He set traps with the intent of getting a result. THAT'S BS!!!!
If they can do this to wealthy and connected individuals just think what they could do to us!
The US has become a fascist totalitarian state with no-knock warrants and SWAT teams busting down doors for non-violent accusations based on politics.
Welcome to the new world order of jack boot thugs breaking down your doors for political beliefs.
What they did to Stone should upset (and scare) EVERYONE!
But no... the tribe is goose-stepping like a good little herd being led by their noses.
The problem I see is that a) it's way too easy to entrap people into doing it, as lawyer John Dowd demonstrated to Trump (he was trying to talk Trump out of sitting down with Mueller; b) it's way to easy for prosecutors to enforce it selectively, either for political considerations or just out of prosecutorial orneriness (as with Martha Stewart).
This is the problem with it. There is a whole series of crimes that are easy to make out for anyone living a life. That has to stop. I continue to hear about " criminal justice reform" but somehow no one EVER repeals any laws.
Someone should take this mantle up as a campaign issue.
ETA: If you wonder why we keep getting poor candidates... this is why. Everyone knows if you aren't Trump (and maybe Trump too) and you annoy the wrong person you will end up in jail sooner rather than later. So if you think it doesn't effect you -- it does -- and is starting to destroy democracy.
Sheesh. When my kids were 5 they knew lying was wrong. The stuff being done by Mueller lately is not entrapment or any nonsense like that. LOL.
The lies these people have told have been clearly deliberate, and with intent. No entrapment.
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