The Graham and Kyl deception

[cal04]

This is amazing. Read the entire thing.

John Dean: "Senators Kyl and Graham’s Hamdan v. Rumsfeld Scam: The Deceptive Amicus Brief They Filed in the Guantanamo Detainee Case"

Christy :

Now imagine that both of these men have attempted to defraud the highest Court in our nation by staging a bogus colloquy on the floor of the United States Senate after hours so that it could be inserted into the Congressional Record as if others were around for a debate (which they were not). And that said colloquy was staged solely to provide cover for their argument on the legislative history of the particular law in question — in other words, such behavior was designed solely to shore up their argument and for no other reason whatsoever, and only after the fact when it was clear that their argument was headed for failure…read on"

http://www.crooksandliars.com/posts/2006/07/10/the-graham-and-kyl-deception/



links http://www.firedoglake.com/2006/07/10/a-matter-of-ethics/

http://writ.news.findlaw.com/dean/20060705.html

[Mnemosyne]

1. K and R Bastards. As ye sow... n/t

[originalpckelly]

2. This is illegal: 18 USC 1001

While there is not a SCOTUS rule against this, there is a law that applies to the entire judicial branch: 18 USC 1001:

"(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.
(b) Subsection (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.
(c) 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."

They were not parties to the case (obviously why they filed an amicus curiae brief.) So they're not protected by the immunity in subsection (b). They could be headed off to the slammer if someone more well-known brings this up.

[originalpckelly]

3. I forgot to mention...

that the law 18 USC 1001 does specifically apply to these types of briefs because if the Congress wanted to excuse them, they could have mentioned them in the subsection (b) immunity.

[cal04]

4. Kyl dismisses fuss over 'Congressional Record'

It is "much ado about nothing." That's Arizona Republican Sen. Jon Kyl's take on the controversy surrounding his and South Carolina GOP Sen. Lindsey Graham's submission to the U.S. Supreme Court of their fictitious Senate floor debate regarding treatment of Guantanamo Bay detainees.

(snip)
"This bogus dialogue is ridiculous," John Dean, a former White House counsel under President Richard Nixon, said in an interview with The Republic.

Dean, who often writes on the law and government, also criticized what he calls Kyl and Graham's "deceptive" legal filing in a column for FindLaw, a popular law-related Web site.

The matter involves the government's claim that the Detainee Treatment Act, passed by Congress on Dec. 30 and signed by President Bush on Feb. 13, had stripped the federal courts of jurisdiction in cases where the detainees were challenging the grounds of their imprisonment.

http://www.azcentral.com/news/articles/0710AZinDC0710.html