usmbguest5318
Gold Member
18 U.S. Code § 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—
Section 1001 traces back to 1863, initially applying to servicemember claims against the government. It was amended in 1934 to apply more broadly to any person and covered “any matter within the jurisdiction of any department or agency of the United States.” In United States v. Bramblett, the Supreme Court held that “any department or agency” included the Disbursing Office of the House of Representatives. (Congressman Bramblett lied to the House Disbursing Office in order to collect a salary for a nonexistent employee.)
In 1996, Section 1001 was revised to explicitly apply to “any matter within the jurisdiction of the executive, legislative, or judicial branch.”
The statement must be “material” but materiality means only that the statement is “predictably capable of affecting . . . [an] official decision.” The Supreme Court has held that determining what is or is not material is a question of law, left to judges not juries.
In its present form, Section 1001 sweeps in almost any material statement to an official of any branch of the federal government on any matter. That would be any misrepresentation on any federal form, remarks about one's interactions with others, remarks about pretty much anything wherein a member of the federal government can reasonably be construed as being among the audience and the remark/statement may somehow affect a decision the federal audience member may make.
What does the above mean? It means that out of all the things Trump has paltered and prevaricated about, there are sure to be several that, by dint of Section 1001, constitute a "high crime or misdemeanor." It really just comes down to whether Republicans want to impeach Trump and then remove him from office, not whether there's a specific law he's violated that they can use as the basis for doing so. It also means as a practical matter is that if Democrats get hold of Congress, Trump's days as POTUS will almost certainly be quite short. Of course, if he's not in jail, he could run again....
Note:
(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. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.
By far the broadest federal statute criminalizing lying is 18 U.S.C. § 1001, which makes it a crime to “knowingly and willfully . . . make any materially false, fictitious, or fraudulent statement or representation” in the course of “any matter within the jurisdiction of the executive, legislative, or judicial branch” of the federal government. There’s no requirement that the statement be under oath.(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. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.
Section 1001 traces back to 1863, initially applying to servicemember claims against the government. It was amended in 1934 to apply more broadly to any person and covered “any matter within the jurisdiction of any department or agency of the United States.” In United States v. Bramblett, the Supreme Court held that “any department or agency” included the Disbursing Office of the House of Representatives. (Congressman Bramblett lied to the House Disbursing Office in order to collect a salary for a nonexistent employee.)
In 1996, Section 1001 was revised to explicitly apply to “any matter within the jurisdiction of the executive, legislative, or judicial branch.”
The statement must be “material” but materiality means only that the statement is “predictably capable of affecting . . . [an] official decision.” The Supreme Court has held that determining what is or is not material is a question of law, left to judges not juries.
In its present form, Section 1001 sweeps in almost any material statement to an official of any branch of the federal government on any matter. That would be any misrepresentation on any federal form, remarks about one's interactions with others, remarks about pretty much anything wherein a member of the federal government can reasonably be construed as being among the audience and the remark/statement may somehow affect a decision the federal audience member may make.
What does the above mean? It means that out of all the things Trump has paltered and prevaricated about, there are sure to be several that, by dint of Section 1001, constitute a "high crime or misdemeanor." It really just comes down to whether Republicans want to impeach Trump and then remove him from office, not whether there's a specific law he's violated that they can use as the basis for doing so. It also means as a practical matter is that if Democrats get hold of Congress, Trump's days as POTUS will almost certainly be quite short. Of course, if he's not in jail, he could run again....
Note:
- Click here to view a complete list of federal fraud and false statement statutes.