It is time for Congress to put on their big boy pants and charge Eric Holder with perjury as well as Lois Lerner for violating the 5th Amendment...Eric holder under oath stated he had no knowledge of the Search Warrant against James Rosen and Fox News since he stated he was recused and said he had no knowledge...when in fact he did sign off on the search warrant : Attorney General Eric Holder personally signed off on the search warrant that labeled Fox News reporter James Rosen a “possible co-conspirator” and resulted in the seizure of his private emails, according to an NBC News law enforcement source. Congress need s to have the Sgt of Arms take Eric Holder into custody under arrest for violation of 18USC1001 for starters!
It is a common mistake to deny involvement in a criminal offense during an interview with a federal agent. Making a false claim of innocence can result in its own criminal charges.
Federal law establishes a possible penalty of 5 years in prison for making a false statement to the federal government or its agents:
(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-The statute applies to written and oral statements. It does not matter whether the statement was recorded (although the absence of a recording would enable the defendant to argue in trial that the statement never happened).
(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…
It is irrelevant whether the person took an oath to tell the truth. Statements that are not sworn under penalties of perjury can still be the basis of prosecution. However, if the statement was made under oath, then federal perjury charges would apply.
see video: http://youtu.be/wTOovCMMODA
Lois Lerner violated the 5th Amendment when she made statements prior to taking the 5th Amendment on continuing questions under oath!
SEE:
The Supreme Court has determined that the 5th Amendment does not allow a suspect to falsely deny his guilt of a criminal offense. See Brogan v. US, 522 U.S. 398, (1998). The privilege against self-incrimination allows a defendant to refuse to answer questions from the police. It also protects a person from being compelled to testify against himself in court.
But where the person begins talking, the 5th Amendment no longer applies. Falsely denying guilt of a crime to federal investigators can be prosecuted under 18 USC 1001.
Federal law does not support the exculpatory no doctrine. This means that when federal agents ask a suspect if he was involved in a crime, he cannot falsely say ‘no’ in an attempt to exculpate himself (eg, prove his innocence).
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