Lying To Congress Is a Crime; Perjury

with or without an oath.

Blogged by Brad Friedman on 3/5/2009 2:49PM

Federal law already 'makes it a crime to lie to Congress, regardless of oath,' source clarifies to The BRAD BLOG

'It's a non-issue'...

Given the questions concerning whether or not Karl Rove and Harriet Miers will be required to testify under oath as part of their agreement to give "transcribed depositions under penalty of perjury" concerning the U.S. Attorney purge scandal, as announced yesterday by House Judiciary chairman John Conyers, we thought we'd seek some clarification.

We asked a senior source on the U.S. House Judiciary team whether or not taking an oath before testifying would be required, or whether the agreement requires Rove and Miers not be placed under oath. Writes our source in reply:

NO oath is required for congressional testimony. 18 USC 1001 (copied below) make it a crime to lie to congress, regardless of whether there is an oath. Penalties are the same as traditional perjury, where an oath is given (as in a court of law). There is no difference. When oaths are given in congress, it is generally for the cameras or to remind the witness of his obligations. On the latter point, the same can be accomplished by reminding about a witness's obligations under 18 usc 1001. This is a non issue.

See the copy of 18 USC, Sec. 1001, as sent by the House Judiciary source below...

18 USC Sec. 1001 01/03/2007

-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-
Sec. 1001. Statements or entries generally

-STATUTE-
(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully -

(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;

(2) makes any materially false, fictitious, or fraudulent statement or representation; or

(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.

Subjecton

(a) does not apply to a party to a judicial proceeding, or that party's counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding.

(b) With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to -

(1) administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or

(2) any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate.

Let The Sun Shine In......

Leahy Announces List of Witnesses For 'Truth Commission' Hearing

Friday, 27 February 2009 12:07

By Jason Leopold Senate Judiciary Chairman Patrick Leahy released the list of three witnesses who will testify at a hearing next week on forming a "truth commission" to investigate controversial Bush administration policies, such as torture and domestic surveillance. Thomas Pickering served as Under Secretary of State from 1997-2000, and served as Ambassador to the United Nations for President George H.W. Bush. He holds the personal rank of Career Ambassador, the highest in the United States Foreign Service. Pickering is a member of the International Institute of Strategic Studies and the Council on Foreign Relations. Retired Vice Admiral Lee Gunn served in the military for 35 years. He was Inspector General of the Navy, and on the board of the American Security Project. Gunn has been outspoken about his opposition to detention and interrogation policies that have permitted torture. John Farmer served as a senior counsel and team leader for the 9/11 Commission. Farmer is a former State Attorney General for New Jersey. Through his work with the Constitution Project, Farmer has expressed support for an independent commission to examine Bush administration detainee and interrogation policies and practices. In a floor statement on Wednesday, Leahy said his March 4 hearing, “Getting to the Truth Through a Nonpartisan Commission of Inquiry," would examine the best way for an independent panel to probe how Bush exercised his “national security and executive power as related to counter-terrorism efforts.” “The past can be prologue unless we set things right,” the Vermont Democrat said. “The last administration justified torture, presided over the abuses at Abu Ghraib, destroyed tapes of harsh interrogations, and conducted ‘extraordinary renditions’ that sent people to countries that permit torture during interrogations. “The last administration used the Justice Department – our premier law enforcement agency – to subvert the intent of congressional statutes. They wrote secret law to give themselves legal cover for these misguided policies, policies that could not withstand scrutiny if brought to light.” On the same day, Speaker of the House Nancy Pelosi, in an interview with Rachel Maddow on her MSNBC program Wednesday, called Leahy's investigative plan “a good idea,” but objected to an immunity proposal by Leahy that could prevent prosecutors from holding Bush administration officials accountable for crimes in a court of law. Pelosi, who refused to hold impeachment hearings when George W. Bush was President, signaled that she now prefers a proposal by House Judiciary Committee Chairman John Conyers, who wants a “blue-ribbon panel” to probe the Bush administration but seeks a special prosecutor, too. Pelosi also said that when she was on the House Intelligence Committee during Bush's first term she was briefed about the CIA's "enhanced interrogation" techniques but only in the "abstract." She said she was never told the agency's interrogators intended to use such methods. Though Leahy has argued that a “truth commission” is the best way to expose the dark underbelly of Bush’s policies, other civil liberties experts say accountability requires bringing to justice perpetrators of serious crimes, no matter how high their government positions. On Tuesday, David Swanson of afterdowningstreet.org circulated a petition demanding Attorney General Eric Holder appoint a special prosecutor to launch a criminal investigation into the Bush administration’s actions. After Leahy’s Senate comments, the American Civil Liberties Union weighed in, urging both a special prosecutor and a congressional select committee. "Both the Obama administration and Congress have an obligation to conduct investigations in order to achieve accountability and to ensure these egregious errors will not happen again,” said Caroline Fredrickson, director of the ACLU Washington Legislative Office. “In order for America to move forward and put torture and abuse behind us, we must know how our nation was led astray.” A Gallup poll, released this month, found a plurality favoring a criminal probe – and a strong majority supporting some additional fact-finding. For instance, on torture, 38 percent favored a criminal investigation while 24 percent favored an inquiry by an independent panel. Thirty-four percent of those polled said they did not support additional investigation of Bush’s policies. The poll results undercut claims of many Republicans and some Democrats that the public lacks the appetite to look into Bush administration abuses.

Let The Sun Shine In......