Saturday, October 1, 2016

Hillary lied to congress Martha Stewart lied to investigators.



Lying To Investigators Can A Be Felony, Court Rules Federal Law Forbids Making False Statements To Government

People who lie to government agencies to potentially incriminating questions can be convicted of felonies the Supreme Court ruled in 1998 

By a 7-2 vote, the court upheld a former New York union official’s conviction for lying to federal investigators who questioned him about taking illegal cash payments. 

James Brogan was convicted under a broadly worded federal law that forbids knowingly making “any false, fictitious or fraudulent statements or representations” to the government, even without being under oath.

 On December 27, in a cell-phone call with her broker’s assistant, on an airport tarmac on her way to Mexico for a vacation, Stewart sold 3,928 shares of ImClone, the biotechnology company, for roughly $229,500. By selling when she heard that its owner, her friend Sam Waksal, was unloading his shares—and before the news became public that ImClone failed to win approval for one of its drugs—she avoided a loss of around $50,000.

 And for that relatively minor savings, she would pay with a federal conviction for conspiracy, obstruction of justice, and lying to investigators; five months in federal prison in Alderson, West Virginia; five months of home confinement; and a five-year ban on serving as an officer or director of her company, which would last until late September 2011.

 The decision to prosecute Hillary Clinton will come down to a question of her intent and belief at the time she testified before Congress.  Most reports indicate that Congress’ referral is focused on at least three of Clinton’s statements:  (1) that she did not have any classified material on her server; (2) her claim that there was only one server; and (3) her claim lawyers went through every email in full to determine what was work related.

The key issue will be whether Clinton knew the statements was false at the time she made it — or if the statement was made with a reckless disregard for the truth.But here’s the reality: Prosecutors rarely go after individuals for lying to Congress.  A Quinnipiac law review article mentioned earlier found only six people have been successfully convicted of lying to Congress between the 1940s and the mid-2000s.It is easier for a camel to go through the eye of a needle than for someone to convict Hillary Clinton.

 

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