False Statements After the Hubbard V. United States Decision
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| Stand: | 2015-08-04 03:50:33 |
Produktbeschreibung
Excerpt from False Statements After the Hubbard V. United States Decision: Hearing Before the Committee on the Judiciary United States Senate One Hundred Fourth Congress Second Session on S. 1734 U.S. Senate, Committee on the Judiciary, Washington, DC. The committee met, pursuant to notice, at 10 a.m., in Room SD-226, Dirksen Senate Office Building, Hon. Arlen Specter presiding. Also present: Senator Abraham. Opening Statement Of Hon. Arlen Specter, A U.S. Senator From The State Of Pennsylvania Senator Specter. Good morning, ladies and gentlemen. It is 10 o´clock, so we will proceed with our hearing on Senate bill 1734, which will restore penalties for making false statements to Congress. Without objection, my extensive 5-page statement will be included in the record, and I thank my distinguished chief counsel, Richard Hertling, for preparing the statement. It lays out in comprehensive detail the background and purpose of the legislation. In essence, it overrules the recent decision of the Supreme Court in Hubbard, which overturned the decision of the Supreme Court in Bramblett, under which for 40 years false statements to Congress had been punishable under section 1001. For reasons set forth in detail in my statement, that is protection that Congress needs and there is now reason to change the law to restore that important protection. [The prepared statement of Senator Specter follows:] Prepared Statement of Senator Arlen Specter I am very pleased that the Committee is holding this hearing on legislation of vital importance. The bill under consideration advances a fundamental principle that lying in dealings with the government is simply unacceptable, no matter which part of the government is lied to. Last year the Supreme court overturned its 1955 decision in Bramblett v. United States and held in Hubbard v. United States that 18 U.S.C. 1001, the statute that prohibits making false statements to agencies of the federal government, only prohibits false statements made to agencies of the Executive Branch. There is no reason why Congress should receive less protection than the Executive. The cardinal principle at stake is that in dealing with the government, any part of the government, people must, in the words of Justice Holmes, "cut square corners," just as the government must cut square comers in dealing with its citizens. One who lies to an entity of government, be it an agency of the Executive or a subcommittee of Congress, is under a justifiable expectation that if he or she lies, he or she will be punished. This is not a difficult issue. For 40 years, Congress received the same protection as the Executive. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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