Orrin Hatch's Amendment: Will It Make Rep. Senate Candidate, Kirk A Criminal?

[Political Junky]

Hatch a big hypocrite.

Right Now - Would Orrin Hatch?s amendment make Illinois Senate candidate Mark Kirk a criminal?


Would Orrin Hatch’s amendment make Illinois Senate candidate Mark Kirk a criminal?

So Sen. Orrin Hatch (R-Utah) introduces an amendment making it a crime to lie about your military service, and just days later, a Republican senate candidate is caught misrepresenting his service.

The question is: Does the bill apply to Rep. Mark Kirk (R-Ill.) in the same way it applied to the original target -- Connecticut Attorney General Richard Blumenthal (D)? Would Kirk have committed a crime?

The answer, according to Hatch’s office, is no.

“The amendment’s intent is clear – it would make lying about serving in active duty in the military for the purposes of career advancement a misdemeanor,” Hatch spokesman Antonia Ferrier said.

The language of the amendment, though, is pretty broad, and it seems it could be construed to apply to Kirk’s situation. It reads:

“Whoever knowingly makes a fraudulent statement or representation, verbally or in writing, regarding the person’s record of military service in the United States Armed Forces, including, but not limited to, participation in combat operations, for the purposes of gaining recognition, honorarium, official office, or other position of authority, employment or other benefit or object of value as a result of the statement, shall be fined under this title, imprisoned not more than six months, or both.”

The congressman, who like Blumenthal is running for Senate, misstated an award his unit received by stating that it was bestowed on him alone. He did it while serving in the Navy Reserves.

Basically, Kirk’s misstatement has to qualify as making “a fraudulent statement” regarding his “record of military service,” and it needs to have been intended to get him something – “official office” (i.e. running for Senate). The bill specifically mentions lying about having served in combat, but is broadly written to include other things as well.

In other words, it seems plausible that Kirk could have been fined or served jail time had the Hatch amendment been in place.

--Aaron Blake

 

[del]

whoop dee doo

 

[Political Junky]

Thanks for confirming that it's OK if it's a Con.

 

[del]

Thanks for confirming that it's OK if it's a Con.

thanks for confirming that you're not the brightest bulb in the sign.

 

[Dont Taz Me Bro]

Do we really need to have a law on this? And a Federal one at that?

 

[Political Junky]

Do we really need to have a law on this? And a Federal one at that?

OK, but not just to prosecute Democrats and let Cons go for it.

 

[Dont Taz Me Bro]

Do we really need to have a law on this? And a Federal one at that?

OK, but not just to prosecute Democrats and let Cons go for it.

I think the humiliation that Blumenthal and Kirk have experienced as being outed as the douches they are is sufficient punishment.

 

[bodecea]

Hatch a big hypocrite.

Right Now - Would Orrin Hatch?s amendment make Illinois Senate candidate Mark Kirk a criminal?


Would Orrin Hatch’s amendment make Illinois Senate candidate Mark Kirk a criminal?

So Sen. Orrin Hatch (R-Utah) introduces an amendment making it a crime to lie about your military service, and just days later, a Republican senate candidate is caught misrepresenting his service.

The question is: Does the bill apply to Rep. Mark Kirk (R-Ill.) in the same way it applied to the original target -- Connecticut Attorney General Richard Blumenthal (D)? Would Kirk have committed a crime?

The answer, according to Hatch’s office, is no.

“The amendment’s intent is clear – it would make lying about serving in active duty in the military for the purposes of career advancement a misdemeanor,” Hatch spokesman Antonia Ferrier said.

The language of the amendment, though, is pretty broad, and it seems it could be construed to apply to Kirk’s situation. It reads:

“Whoever knowingly makes a fraudulent statement or representation, verbally or in writing, regarding the person’s record of military service in the United States Armed Forces, including, but not limited to, participation in combat operations, for the purposes of gaining recognition, honorarium, official office, or other position of authority, employment or other benefit or object of value as a result of the statement, shall be fined under this title, imprisoned not more than six months, or both.”

The congressman, who like Blumenthal is running for Senate, misstated an award his unit received by stating that it was bestowed on him alone. He did it while serving in the Navy Reserves.

Basically, Kirk’s misstatement has to qualify as making “a fraudulent statement” regarding his “record of military service,” and it needs to have been intended to get him something – “official office” (i.e. running for Senate). The bill specifically mentions lying about having served in combat, but is broadly written to include other things as well.

In other words, it seems plausible that Kirk could have been fined or served jail time had the Hatch amendment been in place.

--Aaron Blake

Would it be a crime for a politician to lie about a family member's military service too?