Forty-One Members Of Congress Ask Special Prosecutor Fitzgerald To Examine Bush Administration’s False Uranium Claims That Led To Disclosure Of CIA Operative’s Identity To Determine If Additional Federal Laws Were Broken Washington, D.C. - Troubled by what they see as violations of federal law that prohibit making false and fraudulent statements to Congress, Congressman Maurice Hinchey (D-NY) and 40 of his House colleagues today sent a letter to U.S. Attorney Patrick Fitzgerald asking that he expand his investigation of who in the Bush Administration revealed to the news media that Valerie Plame, the wife of Ambassador Joseph Wilson, was a covert agent for the Central Intelligence Agency (CIA). Hinchey and his colleagues urged Fitzgerald, who was designated as special prosecutor for the case, to examine the causes behind the exposure of Plame’s identity -- specifically, the Bush Administration’s false and fraudulent claims in January 2003 that Iraq had sought uranium for a nuclear weapon, which the Administration used as one of the key grounds to justify the invasion of Iraq.
http://bellaciao.org/en/article.php3?id_article=8289I love this part from the Letter:
The criminal statute, 18 U.S.C., Sec. 1001, prohibits knowingly and willfully making false and fraudulent statements to Congress in documents required by law. The two uranium claims in the State of the Union Address and the report to Congress concerning Iraq were false and fraudulent, and are in documents that the White House submitted to Congress. See House Document 108-1 and House Document 108-23. The law required the president to give such reports. Article II, Section 3 of the constitution requires presidents to give State of the Union Addresses. Section 4 of Public Law 107-243, which is the Congressional resolution authorizing the war against Iraq, requires the president to give reports to Congress relevant to the war resolution and the president submitted said report on Iraq pursuant to that law. Thus 18 U.S.C., Sec. 1001 was evidently violated.
The criminal statute, 18 U.S.C., Sec. 371, prohibits conspiring to defraud the United States and is applicable since the Supreme Court in the case of Hammerschmidt v. United States, 265 U.S. 182, 188 (1924) held that to “conspire to defraud the United States means primarily to cheat the government out of property or money, but it also means to interfere with or obstruct one of its lawful governmental functions by deceit, craft or trickery, or at least by means that are dishonest.” Senior Administration officials arguably violated Section 371 because their uranium claims had the effect of obstructing or interfering with the function of Congress to reconsider its war resolution and to allow further time for U.N. weapons inspections. If the whole truth had been told, Congress may well have withdrawn the war resolution or delayed the start of the war to allow further U.N. weapons inspections, which would have shown what we now know; that Iraq had no weapons of mass destruction and had not sought the uranium. However, it should be noted that Section 371 does not require proof that the conspiracy was successful.