J.G. check out this bit of history from the Justice Department. Now I wonder how they are going to say he is guilty without impeaching him?
Michael
______________________________________________________________________
July 13, 1998 -- Janet Reno's Justice Department believes perjury and obstruction of justice are higher crimes than bribery, according to DOJ sentencing guidelines which rate bribery a ten and perjury and obstruction a twelve. (On the DOJ scale, the crime of trespassing is a mere four, while murder rates between a fourteen and thirty-four, depending on the circumstances.)
As further evidence of Reno's strong condemnation of perjury and obstruction, a November 1996 report by the Department of Justice called for a "need for stronger sanctions" to curb what it considers an epidemic of perjury and obstruction of justice in the nation's courts of law:
"In a number of jurisdictions, statutes against witness tampering, suborning perjury (encouraging perjury by threats or inducements), or obstruction of justice do not carry high enough penalties to either deter or substantially punish witness intimidation... defendants are reported to feel they have little to lose -- and a great deal to gain (from perjury and obstruction)."
-DOJ Report on the Obstruction Epidemic
The report was issued by the Department of Justice's research division, the National Institute of Justice, which is charged with assessing existing DOJ policies and recommending solutions. It raised the issue of rampant lack of respect for the justice system among the nation's youth, which it suggests do not recognize the societal relevance of truthful testimony under oath. The report cited youth gang members in particular as most egregious perjurers, suborners and obstructers, due to the fact that they have seen these crimes against the court repeatedly go unpunished in cases involving other gang members.
According to the DOJ report, the only way to stem the wave of disrespect for the nation's justice system is to impose stronger sentences against perjurers and obstructers, and to do so consistently. Ann Bingaman, then Assistant Attorney General under Janet Reno, echoed the report's sentiment in a speech entitled "The Clinton Administration: Trends in Enforcement":
"We continue to prosecute vigorously obstruction of our investigations. For example, in January 1995, a defendant was sentenced to 14 months incarceration after pleading guilty to obstructing justice by falsifying an affidavit submitted to a federal grand jury. I continue to be concerned about companies and individuals attempting to obstruct our investigations. I urge you to make clients and others aware, in the event of an investigation by the Division, that the penalties for obstruction are severe, and the Division will seek the maximum penalty for obstruction of justice and perjury. We at the Division, and I personally, believe that such conduct cuts at the very heart of law enforcement, and we take it with the utmost seriousness."
So how seriously did Janet Reno take the recommendations of Bingaman and the Justice Department's findings on perjury and obstruction of justice? Pretty seriously, according to the Justice Department's mandatory sentencing guidelines for perjury and obstruction. An individual whose perjury, subornation of perjury, or obstruction of justice affects evidence relevant to a court proceeding is given a mandatory sentence level of fifteen on a scale from one to forty-three, where one is the least offense and forty-three represents treason and murder in the first degree.
Fifteen for perjury falls directly between fourteen for involuntary manslaughter (the crime that baby-killers Amy Grossberg and Brian Peterson were convicted of) and sixteen for aggravated assault, which is what the officers who beat Rodney King were charged with. The following is a sampling of Reno's current sentencing levels for several crimes, for the purposes of comparison.
Reno's sentencing guidelines for a convicted perjurer who has never before been convicted of a crime mandate 18-24 months in prison, followed by two or more years of supervised release. As perjury and obstruction are what are called "Zone D" crimes, they carry the unusual stipulation that the judge may not choose probation instead of hard time. The jail sentence is mandatory. If the perjury or obstruction occurred in a criminal case instead of a civil case, the guidelines mandate an extra six months on top of the 18-24 for civil perjury/obstruction.
Federal Sentencing Guidelines (1-mild 43-severe)
Trespassing
4
Illeg. weapons export
14
Environm. Pollution
6
Statutory rape
15
Tax Fraud
6
Perjury
15
Tamper w/ odometer
6
Obstruction of Justice
15
Evade military duty
6
Subornation of Perjury
15
Minor assault
6
Aggravated assault
16
Prison Escape
8
Product tampering
16
Counterfeiting
9
Armed Robbery
20
Blackmail
9
Money Laundering
20
Bribery
10
Kidnapping
24
Price Fixing/Antitrust
10
Volun. Manslaughter
25
Smuggling illegals
12
Rape
27
Forging passports
12
2nd Degree Murder
33
Burglary
12
Spying
37
Domestic Violence
14
Hijacking
38
Stalking
14
Treason
43
Invol. Manslaughter
14
First Degree Murder
43
This may come as a shock to mendacious Americans, who often seem to have adopted lying as a necessity of life, and who have little understanding of the criminal justice system and the high value it places on truth under oath. In fact, a Silicon Valley Logic survey of 1006 Americans over the July 11-12 weekend shows that over 85% would be willing to lie in a court of law to protect a friend or relative.
Epidemic, once again, was the term used by the Justice Department in regards to the perjury problem.
In addition to recommending stronger, more consistent sentences in perjury cases in order to set examples that discourage future obstructions of justice, the report suggests that the DOJ is investigating other changes in law. The possible reforms include allowing hearsay testimony to be used to prove subornation or witness intimidation, and expediting trials in which there is substantial evidence that subornation and witness intimidation are considered likely issues. Possible solutions to the problem that don't involve lawmaking include public education about the court system, and aggressive public relations campaigns to increase visibility of the punishments of high-profile perjurers.
DOJ Attitudes on Perjury by Law Enforcement Officers
The DOJ also takes a hard-line approach against perjury in its guidelines for its officers—it specifies "eight basic ethical prohibitions that are absolute for law enforcement officers:
(1) It is always wrong for an officer to accept money or other goods or services in exchange for favors of any kind;
(2) It is always wrong to use more force than is necessary, whether to apprehend, subdue, or transport a suspect or prisoner, quiet a situation, or for any other purpose;
(3) It is always wrong to falsify or plant evidence against anyone, to file false reports, or to commit perjury;
(4) It is always wrong to prejudge others because of color, gender, ethnic background, nationality, or any other fact of birth;
(5) It is always wrong to give illegal substances or prescription drugs to informants, suspects, or anyone else;
(6) It is always wrong to bring a hangover to work, to use alcohol on the job, or to consume illegal substance of any kind at any time;
(7) It is always wrong to commit acts that put pressure on fellow officers to lie or cover up wrongdoing; and
(8) It is always wrong to fail to back up a partner or other officers in a dangerous situation or to place another officer or member of the public in a needlessly dangerous situation."
The DOJ recommends reprimand and suspension of a law enforcement officer who violates these ethical "absolutes", and if the violation also results in a breach of federal law, the officer is to be summarily dismissed upon conviction.
(Editor's note: the President of the United States is the nation's highest-ranking law enforcement official.)
Terms: Obstruction of justice -- Intentionally obstructing court or law enforcement efforts in the administration of justice, acting in a way calculated to lessen the authority or dignity of the court, failing to obey the lawful order of a court, and violating probation or parole.
Perjury--a false material declaration under oath in any proceeding before or ancillary to any court or grand jury of the United States. Includes knowingly or willfully giving false evidence or swearing to false statements under oath or by any means procuring or instigating any person to commit perjury.
By T.W. Giles
|
