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Old 03-29-2019, 07:46 AM
 
30,140 posts, read 11,765,050 times
Reputation: 18647

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Some might think that the statute of "making false claims" against federal officials has been around the beginnings of our country and something created by our founding fathers but nothing is further from the truth.

Its current form was adopted in 1948 which expanded greatly from the "False Claims Act" of 1863 (which pertained to goods being sold to the feds) and several laws passed in between 1863 and 1948.

I bring this up because Trump was able to successfully dodge a meeting with Mueller and his lawyers wanting to avoid this meeting in part for fear of perjury charges. However Mueller could have learned more in trying to determine obstruction charges by talking to Trump but never got that chance. In this case the "making false claims" statute hurt the Mueller investigation.

Clinton was impeached partially because he agreed to meet the feds and then lied to them. As have numerous others.

I say if you want to have a law where lying is illegal, make it across the board. Anyone convicted of lying to anyone else gets sent to prison. Or better yet remove this immense federal power. It seems ridiculous to accidentally get a date wrong is something that get one convicted by the feds even if there was no underlying crime committed.

And I say this not as a Trump supporter or hater. Just simply an American who wants to rein in excessive federal power.
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Old 03-29-2019, 08:11 AM
 
13,943 posts, read 5,615,884 times
Reputation: 8603
Quote:
Originally Posted by Oklazona Bound View Post
Some might think that the statute of "making false claims" against federal officials has been around the beginnings of our country and something created by our founding fathers but nothing is further from the truth.

Its current form was adopted in 1948 which expanded greatly from the "False Claims Act" of 1863 (which pertained to goods being sold to the feds) and several laws passed in between 1863 and 1948.

I bring this up because Trump was able to successfully dodge a meeting with Mueller and his lawyers wanting to avoid this meeting in part for fear of perjury charges. However Mueller could have learned more in trying to determine obstruction charges by talking to Trump but never got that chance. In this case the "making false claims" statute hurt the Mueller investigation.

Clinton was impeached partially because he agreed to meet the feds and then lied to them. As have numerous others.

I say if you want to have a law where lying is illegal, make it across the board. Anyone convicted of lying to anyone else gets sent to prison. Or better yet remove this immense federal power. It seems ridiculous to accidentally get a date wrong is something that get one convicted by the feds even if there was no underlying crime committed.

And I say this not as a Trump supporter or hater. Just simply an American who wants to rein in excessive federal power.
Our country has a legal system built on the concept that guilt must be proven, not innocence.

Our country has a 5th Amendment that explicitly mentions the right we all have to not testify against ourselves for any reason, and says that right cannot be taken from us by government.

Our country ha a set of laws and judicial precedents rolled into the "Miranda rights" that explicitly explain that you have the absolute right to remain silent, that you have the absolute right to legal counsel, and that should you give up your rights to silence and/or to have counsel speak for you...ANYTHING YOU SAY WILL BE USED AGAINST YOU IN A COURT OF LAW.

So Trump didn't dodge anything. At no point in the investigation, or in his entire life generally, was it required that he speak to a federal agent under oath. That isn't a dodge, it the natural right of every individual conferred by existence itself.

Mueller and the forces powering him needed to find evidence sufficient to prove guilt, and after almost two years, could not. The only reason any of the anti-Trump banshees were shrieking for him to be "interrogated" (Matthews and Maddow's actual words) was because they were hoping for the "when all else fails, get him to answer the same question slightly differently and then rack him up on a false statement/obstruction/perjury rap" Hail Mary play.

That desperation tactic on the part of prosecutors who want scalps yet are missing the evidence to get it is EXACTLY WHY we have the 5th Amendment, Miranda rights, and a justice system based on presumption of innocence and the burden of proof lying with the prosecution, not the defense.

What should happen is Americans should be taught from the moment they can understand words is to never, ever speak directly to an agent of the government under oath without legal counsel or reading from a previously prepared statement. I mean at the age of 2-3, kids should know their 5th Amendment and Miranda rights.

F*** Leviathan and its various tricks it uses to oppress citizens on a whim.
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Old 03-29-2019, 08:29 AM
 
18,560 posts, read 7,362,427 times
Reputation: 11372
No, it should not be a crime, and 18 USC 1001 should be repealed.
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Old 03-29-2019, 08:32 AM
 
34,619 posts, read 21,598,192 times
Reputation: 22232
Quote:
Originally Posted by Oklazona Bound View Post
Some might think that the statute of "making false claims" against federal officials has been around the beginnings of our country and something created by our founding fathers but nothing is further from the truth.

Its current form was adopted in 1948 which expanded greatly from the "False Claims Act" of 1863 (which pertained to goods being sold to the feds) and several laws passed in between 1863 and 1948.

I bring this up because Trump was able to successfully dodge a meeting with Mueller and his lawyers wanting to avoid this meeting in part for fear of perjury charges. However Mueller could have learned more in trying to determine obstruction charges by talking to Trump but never got that chance. In this case the "making false claims" statute hurt the Mueller investigation.

Clinton was impeached partially because he agreed to meet the feds and then lied to them. As have numerous others.

I say if you want to have a law where lying is illegal, make it across the board. Anyone convicted of lying to anyone else gets sent to prison. Or better yet remove this immense federal power. It seems ridiculous to accidentally get a date wrong is something that get one convicted by the feds even if there was no underlying crime committed.

And I say this not as a Trump supporter or hater. Just simply an American who wants to rein in excessive federal power.
FYI, Clinton perjured himself in a civil matter.
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Old 03-29-2019, 08:38 AM
 
Location: Cape Cod
24,461 posts, read 17,203,514 times
Reputation: 35719
We all know that Trump likes to talk and ramble on about himself so meeting with Mueller probably would have had him sticking his foot in his mouth not about Russia but something else that shouldn't really matter but we all know how the investigation was a big fishing expedition so catching anything was better than nothing.



I do think lying to the Feds should be against the law. One could always plead the 5th.
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Old 03-29-2019, 08:38 AM
 
8,196 posts, read 2,841,675 times
Reputation: 4478
Woe unto you lawyers! They can take a truth and twist it into a lie to achieve carrying out their agenda. Many politicians are lawyers. That is why most Americans are sick of politicians.
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Old 03-29-2019, 09:31 AM
 
21,382 posts, read 7,935,527 times
Reputation: 18149
people misunderstand our justice "system."

You have the right to due process.

You do not have the right to the truth or justice. You do not have the right to a fair trial. You do not have a right to fair sentencing. You do not have a right to have all evidence allowed during your trial. In fact, if the other guy confesses to his lawyer? Does not matter. You do not have a right to not be convicted even when innocent.

You do have a right to all the forms, motions, hearings, paperwork, and legal fees. That's about it.
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Old 03-29-2019, 10:30 AM
 
23,177 posts, read 12,202,565 times
Reputation: 29353
Quote:
Originally Posted by Cape Cod Todd View Post
We all know that Trump likes to talk and ramble on about himself so meeting with Mueller probably would have had him sticking his foot in his mouth not about Russia but something else that shouldn't really matter but we all know how the investigation was a big fishing expedition so catching anything was better than nothing.

I do think lying to the Feds should be against the law. One could always plead the 5th.

Then one should plead the 5th. Saying something that is untrue is different than saying nothing at all. I do think there are cases where lying equates to obstruction of justice, such as giving false info that sends the investigation hurtling off down a dead end and away from the truth. But that burden should be very high and be materially significant. Remember, it's not a lie if you believe it is true even if it is not actually true. Nor is it a lie to misremember details.
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Old 03-29-2019, 10:35 AM
 
Location: Denver, CO
8,750 posts, read 3,116,288 times
Reputation: 1747
Cops are allowed to lie, so why shouldn't we have that right?

https://www.forbes.com/sites/marcweb.../#2c4cee2810eb

https://www.njmoorelaw.com/10-ways-p...can-lie-to-you
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Old 03-29-2019, 05:55 PM
 
Location: Clyde Hill, WA
6,061 posts, read 2,008,443 times
Reputation: 2167
Quote:
Originally Posted by hbdwihdh378y9 View Post
No, it should not be a crime, and 18 USC 1001 should be repealed.
At minimum it should not apply except upon conviction of some underlying crime. Martha Stewart, for example, was suspected of insider stock training, but then US-attorney James Comey was unable to convict her of that. He did convict her of lying under '1001,' and she did 5 months in federal prison for that.

This, along with all the '1001' convictions obtained by Mueller are actual travesties.
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