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Don't be worried, if Dr. Gates lied, he can still be prosecuted...

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originalpckelly Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-05-06 08:03 PM
Original message
Don't be worried, if Dr. Gates lied, he can still be prosecuted...
Edited on Tue Dec-05-06 08:04 PM by originalpckelly
18 USC 1001:
"Statements or entries generally

(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."

Plain English: Gates can still be prosecuted if he lied to Congress. Even more than that, the punishment under 18 USC 1001 is the same as the punishment in the perjury law.

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951-Riverside Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-05-06 08:04 PM
Response to Original message
1. You should know by now laws means nothing to these people n/t
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originalpckelly Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-05-06 08:08 PM
Response to Reply #1
2. True, but I wanted to let people know...
that this may even happen when the Democratic Congress is finally sworn in, and that it really doesn't change the dynamics.
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enuffs_enuffs Donating Member (201 posts) Send PM | Profile | Ignore Tue Dec-05-06 08:18 PM
Response to Original message
3. But the real question is WHO will bring charges...
Ya, know that's the rub. Who has the nutz?

Who has the nutz?
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originalpckelly Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-05-06 08:19 PM
Response to Reply #3
5. Well that's if he lied...
he may not have. Or course he's a Republican, so he probably lied.
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enuffs_enuffs Donating Member (201 posts) Send PM | Profile | Ignore Tue Dec-05-06 09:46 PM
Response to Reply #5
9. Is it really a question anymore???
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originalpckelly Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-05-06 08:18 PM
Response to Original message
4. Kick for nailing the bastard if he lied!
:kick:
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951-Riverside Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-05-06 08:27 PM
Response to Reply #4
6. KICK!
:kick:
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stevedeshazer Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-05-06 08:29 PM
Response to Original message
7. True
As long as Democrats stand up. :)
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originalpckelly Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-05-06 08:37 PM
Response to Reply #7
8. Yep...
they have to find their backbones, you know the ones which have been in storage for 6 six years.
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