Once and for all---lying before Congress without oath is serious.

Justice Is Comin

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Mon Feb-06-06 09:23 PM
Original message

Once and for all---lying before Congress without oath is serious.

I know you're all fuming Gonzalez wasn't sworn. So was I. But if he lied and it can be shown with a preponderance of the evidence that he did, he has a problem.

It's called False Statements Act . Does not require being under oath. It does not require that it be proved there was intent to deceive or even a show of conscious avoidance. This statue is used far more for prosecution than perjury.

It is very broad in its authority and carries a severe penalty. So anyone who thinks Gonzalez does not have jeopardy because he was not under oath, this is the statute.

TITLE 18 SECTION 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 or imprisoned not more than 5
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.

http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=18&sec=1001

The unfortunate thing so far is that he has not been trapped in a blatant and proveable lie. He played ring around the rosie with the "inherent authority" and the IWR. It's going to take other witnesses to impeach his bullshit today. Then we can checkmate him into a corner. Specter put Gonzalez right in our crosshairs. Plain and simple, we did not deliver the knockout punch.

Had he been under oath today, you have to face the fact there was nothing (at least that I heard) that was that "I gotcha" moment. The questions he wouldn't answer, he wouldn't have answered if he was sworn either. Nothing could have compelled him to at this stage because he would have claimed it was "operational" and he couldn't disclose it.

So take what consolation you can. This was a start.... It's not over.