23.10.05

Perjury

Interesting, don't we think, that Texas Senator Kay Bailey Hutchinson has, today, so eloquently derided the potential Fitzgerald indictments that might rock Washington's Plame Affair this week? Interesting that she denouces the crime of Perjury, an important and serious crime, when it's suddenly become inconvenient for her power-grubbing? Remember these statements, Ms. Hutchinson, when you eloquently discussed Perjury's vital aspect in articles of impeachment against your precious' Administration's predecessor?

MY VOTES ON THE ARTICLES OF IMPEACHMENT

Based upon my analysis of the facts of this case and my own conclusions of law, I have concluded:

(i) The President of the United States willfully, and with intent to deceive, gave false and misleading testimony under oath with respect to material matters that were pending before the Federal grand jury on August 17, 1998, as alleged in Article I presented to the Senate. I, therefore, vote `Guilty' on Article I of the Articles of Impeachment of the President in this Proceeding.

(ii) The President of the United States engaged in a pattern of conduct, performed acts of willful deception, and told and disseminated massive falsehoods, including lies told directly to the American people, that were designed and corruptly calculated to impede, obstruct, and prevent the plaintiff in the Arkansas Federal sexual harassment case from seeking and obtaining justice in the Federal court system of the United States, and to further prevent the Federal grand jury from performing its functions and responsibilities under law, I, therefore, vote `Guilty' on Article II of the Articles of Impeachment of the President in this proceeding.

ARTICLE I, PERJURY--EXPLANATION OF VOTE

This Article accuses the President, while giving sworn testimony on August 17, 1998, before the Federal grand jury in Washington, D.C., of willfully corrupting and impeding the judicial process and the administration of justice by giving false and perjurious testimony about his relationship with the White House Intern, about his January 17, 1998, deposition testimony in the Arkansas sexual harrassment case, about his role in developing and tendering to the Federal Judge in the Arkansas case an affidavit that was knowingly false while giving his deposition in the Arkansas case, and about his attempts to influence the testimony of White House employees and other witnesses in the Arkanksas case who were at the time also subject to the jurisdiction of the grand jury.

In reaching my decision with respect to this Article, I have concluded beyond a reasonable doubt that the President gave false and misleading testimony in the Arkansas sexual harrassment case and in his appearance before the Federal grand jury.

At the trial in the Senate, the President's Counsel argued that, even if it were to be admitted that the testimony in both instances were false and misleading, the testimony would, nevertheless, not amount to perjury because it does not reach the level of `materiality' that is required for a lie to rise to the level of a crime under Federal law.

They attempt to trivialize the issues raised by Article I [wow- that itself sounds familiar, Ms. Hutchinson -GS] by reference to such questions as `Who touched whom, and where,' and to answers to questions by the President such as `It depends on what the meaning of `is' is.'
...


CONCLUDING STATEMENT

[...]
If only the President had followed the simple, high moral principle handed to us by our Nation's first leader as a child and had said early in this episode `I cannot tell a lie,' we would not be here today. We would not be sitting in judgment of a President. We would not be invoking those provisions of the Constitution that have only been applied once before in our Nation's history.

But we should all be thankful that our Constitution is there, and we should take pride in our right and duty to enforce it. A hundred years from now, when history looks back to this moment, we can hope for a conclusion that our Constitution has been applied fairly and survives, that we have come to principled judgments about matters of national importance, and that the rule of law in American [sic] has been sustained.
Eloquent thoughts, Ms. Huthinson. Let's hope, for the greater good, that they do, in fact, outlast the scandals we've had brought upon the highest leves of national governance in the last fea administrations, but greater still- let us hope that history judges the application of these laws equally and justly, beyond even the tenets of your personal/political ethic of convenience.

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