usmbguest5318
Gold Member
The Democrats may not need to do so now...
"[Bannon] spent his time at the White House leaking false information to the media. It is the only thing he does well."
Is conspiring to "willfully makes any materially false, fictitious, or fraudulent statement or representation" a high crime or a misdemeanor? It may only a matter of time [1] before Trump is either removed from the WH or tossed in jail.
Note:
[Steve Bannon] spent his time at the White House leaking false information to the media to make himself seem far more important than he was. It is the only thing he does well.
-- Donald Trump
"[Bannon] spent his time at the White House leaking false information to the media. It is the only thing he does well."
- Be that as it may, he obviously did so with Trump's approbation.
- Wow! So which set of Trump's (his Administration's/WH's) lies are we to believe, the old ones or the new ones? Either:
- Trump's claim here is true, in which case it's a tacit attestation from Trump himself that his WH has actively engaged in disinformation, or
- Trump's claim here is false, in which case, it's is ineffectual as a basis for one's discounting Bannon's.
18 U.S. Code § 1001 - Statements or entries generally
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 —
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.(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;
Is conspiring to "willfully makes any materially false, fictitious, or fraudulent statement or representation" a high crime or a misdemeanor? It may only a matter of time [1] before Trump is either removed from the WH or tossed in jail.
Note:
- I have not fully researched the statute of limitations that pertains to "Statements or entries generally." I presume it's the standard five years that applies to most federal crimes, but I don't know whether that's so or whether there are extenuating circumstances that apply when the POTUS is involved. The referenced document does not explicitly indicate anything specific to Section 1001, so I think the statute of limitations pertaining to it would be subject only to the conspiracy exception.
It seems plausible that as goes Section 1001, the statute may not commence running until the final offense is committed, which, as goes Trump, may well mean that it's not even started. (See "Conspiracies and Continuing Offenses" in the linked document.) If that's the case, even if Congress does not impeach and remove Trump, a subsequent POTUS' DOJ could prosecute Trump and others under Section 1001 for up to five years after Trump leaves office. (I think it safe to, for the purposes of this thread, posit that Trump is not going to stop lying and inciting others to do so.)
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