Thursday, April 19, 2018

If I Had Lied Under Oath...

...during a federal investigation, while a federal LEO (which I was for 32+ years), I would not only have been fired, I likely would have been prosecuted. That by the way would have been for just one such offense. It has been reported that the DOJ Inspector General has recommended former FBI deputy director Andrew McCabe be criminally prosecuted for their determination that McCabe:

"... lied to investigators or then-FBI Director James Comey four times, three of them while under oath,..." (source).

Furthermore:

"The IG’s report said that one of McCabe’s lies “was done knowingly and intentionally.”" (source)

It think it does not look good for Mr. McCabe.

All the best,
Glenn B

5 comments:

Dan said...

Let's be realistic. Cops routinely commit perjury....so often the term "testilying" was coined to describe how routine it is.....and they are virtually NEVER PUNISHED in any way let alone charged with a crime. The American legal system is not concerned with justice. It exists to serve the state and keep the sheeple in line. If it's hired muscle lie a blind eye is turned to the practice as holding the hired help accountable in no way serve the needs of those in power.

Glenn B said...

I suppose I should have been more literal to the point of law and said, 'had I perjured myself'. That is where your point falls flat. Federal LE officers who commit perjury lose the ability to testify as a LE officer again and thus lose their jobs because they can no longer perform a vital job function. In addition they are at least sometimes, if not often, prosecuted. Of course I am talking perjury not merely lying under oath and there is quite a difference between the two. In my understanding of it, McCabe did not just lie but appears to have committed perjury.

As for the word 'testilying', it is applied to LEOs, defendants and witnesses in general and it often depends on only your outlook as to whom you apply it.

All the best,
Glenn B

danielbarger said...

http://users.soc.umn.edu/~samaha/cases/slobogin,%20testilying.htm

https://www.google.com/url?sa=t&source=web&rct=j&url=https://engagedscholarship.csuohio.edu/cgi/viewcontent.cgi%3Farticle%3D1632%26context%3Dfac_articles&ved=2ahUKEwiw0PiV0MnaAhWQL1AKHUR5C6Q4ChAWMAF6BAgIEAE&usg=AOvVaw2RFtb5YcM_4IlgfeIzotjM

I could post a LOT MORE such scholarly publications regarding the widespread practice of perjury by LEO that goes not just unpunished but usually unquestioned. But such efforts would be pointless. People choose to believe what they want to believe regardless of reality.

Glenn B said...

https://mobile.nytimes.com/2012/03/09/nyregion/police-officer-is-convicted-of-perjury-to-get-a-search-warrant.html

 https://www.google.com/amp/www.chicagotribune.com/news/local/breaking/ct-chicago-glenview-cops-charged-20150608-story,amp.html

 https://www.google.com/amp/www.chicagotribune.com/news/local/breaking/ct-police-perjury-trial-met-20161207-story,amp.html
 
https://www.google.com/amp/s/www.newsday.com/amp/long-island/crime/nypd-cop-long-island-perjury-1.16335921

 http://articles.latimes.com/2014/feb/13/local/la-me-lapd-conviction-20140215

 https://www.officer.com/home/news/10886252/convicted-tulsa-police-officer-held-in-contempt-for-perjury

 https://www.usnews.com/news/best-states/pennsylvania/articles/2017-05-13/ex-police-sergeant-gets-7-to-23-months-on-perjury-conviction

 https://www.google.com/amp/www.nydailynews.com/amp/new-york/detective-accused-perjury-sparks-call-nypd-transparency-article-1.3853350


You must be absolutely right, perjury by law enforcement officers goes unquestioned and unpunished as they are never prosecuted for, nor face consequences for, perjury but only if all the articles at the above links are perjurious.


Glenn B said...

Lest I forget federal LEOs:

https://www.cbsnews.com/news/ex-fbi-agent-sentenced-for-perjury-during-whitey-bulger-trial/

http://wgno.com/2017/10/03/local-dea-agent-former-dea-task-force-officers-charged-in-sprawling-federal-corruption-case/

http://postalemployeenetwork.com/news/2012/01/former-postal-inspector-convicted-in-federal-court-of-perjury-and-obstruction-of-justice/

http://www.sandiegouniontribune.com/news/courts/sd-me-borderpatrol-perjury-20170703-story.html

https://oig.justice.gov/reports/press/2009/2009_05_09.pdf

I personally know two federal agents, and know of several others, who were forced to resign due to lying abut administrative things that did not even come close to perjury.

You can give me all the scholarly articles you want from the braniacs in universities and from defense attorneys and activists that you want but I will tell you this - yes some LEOs commit perjury but LEOs are charged with perjury when the evidence indicates such has been he case.

Of course, as I mentioned above there is a legal definition of perjury that is different from making false statements and again different than obstruction of justice. Thus when an LEO tells a lie under oath that is not material to a case, he probably would not be charged with perjury. See: http://www.burnhamgorokhov.com/criminal-defense-resources/federal-crimes/false-statements-perjury-and-obstruction-of-justce

All the best,
Glenn B