BTW, in the case of Hubard v. U.S., the United States Supreme Court overruled an earlier ruling on Section 1001, the perjury statute under which North, and Poindexter, were prosecuted, and declared that lying to Congress wasn't a violation of 1001, which exonerates North and Poindexter of that charge. As for the rest of it, it's a political issue, one that has to do with the balance of powers between the Executive and Legislative Branch, and it's uncharted territory. I don't believe the Boland Amendment was constitutional, although it was never tested in Court. It was certainly a political catastrophe, I'll grant you that.
FALSE STATEMENTSThe court took the unusual step of overturning one of its own
precedents, a 1955 ruling that made a federal law on false statements
apply to statements made in court and to Congress.
The false statement law, which dates to 1934 and is usually referred
to as Section 1001, is used almost exclusively to prosecute false
statements made to executive branch agencies despite the 1955 ruling,
United States vs. Bramblett, which broadened its coverage.
Many lower courts have carved out an exception making the law
inapplicable to statements made in court.
Writing for the court Monday, Stevens said the 1955 decision was
based on a "basic error" in interpreting the false statement law,
which refers to "any department or agency of the United States."
In its common meaning, that phrase refers to executive branch
agencies and not Congress or the courts, Stevens said.
The decision Monday, Hubbard vs. U.S., No. 94-172, overturned a
conviction for lying to a federal bankruptcy court. Justices Breyer
and Ginsburg joined Stevens' full opinion. Thomas joined most of it,
while Scalia and Kennedy joined in the result. Rehnquist and Justices
O'Connor and Souter dissented.
Because the law was used so infrequently outside the executive
branch, the decision was interesting principally for the court's
debate over adherence to precedent.
Among the few recent Section 1001 prosecutions for false statements
to Congress were those of Oliver North and John Poindexter in cases
growing out of their testimony before Congress on the Iran-Contraaffair.
Federal laws against perjury and obstruction of justice are available
in nearly any case in which a Section 1001 prosecution can be brought. |
