Perjury Smergury

Lying is a moral wrong. Perjury is a lie told under oath that is legally wrong. To be illegal, the lie must be willfully told, must be believed to be untrue, and must relate to a material matter. Title 18, Section 1621 and 1623, U.S. Code.

If President Washington, as a child, had cut down a cherry tree and lied about it, he would be guilty of `lying,’ but would not be guilty of `perjury.’

If, on the other hand, President Washington, as an adult, had been warned not to cut down a cherry tree, but he cut it down anyway, with the tree falling on a man and severely injuring or killing him, with President Washington stating later under oath that it was not he who cut down the tree, that would be `perjury.’ Because it was a material fact in determining the circumstances of the man’s injury or death.

Some would argue that the President in the second example should not be impeached because the whole thing is about a cherry tree, and lies about cherry trees, even under oath, though despicable, do not rise to the level of impeachable offenses under the Constitution. I disagree.

The perjury committed in the second example was an attempt to impede, frustrate, and obstruct the judicial system in determining how the man was injured or killed, when, and by whose hand, in order to escape personal responsibility under the law, either civil or criminal. Such would be an impeachable offense. To say otherwise would be to severely lower the moral and legal standards of accountability that are imposed on ordinary citizens every day. The same standard should be imposed on our leaders.

Nearly every child in America believes that President Washington, as a child himself, did in fact cut down the cherry tree and admitted to his father that he did it, saying simply: `I cannot tell a lie.’

I will not compromise this simple but high moral principle in order to avoid serious consequences to a successor President who may choose to ignore it.

That is from the bizarre incoherent statement Senator Kay Bailey Hutchinson gave in the impeachment case against Bill Clinton’s penis. (The cherry tree story is apocryphal — “a lie” if you will — but whatever.)

Today, on Press The Meat, she was not quite so convinced that perjury and obstruction of justice were terrible things at all, much less “morally wrong.” She talked about overzealous US Attorneys and prosecutors abusing the statute and how troubling it all was that people were being prosecuted for lies when there is no underlying crime. She said that the Clinton penis case was different because he was charged with an underlying crime — which is, of course, “a lie.”

If the Republicans are going to use the “perjury and obstruction aren’t real crimes” defense then I think we need to gather all the material that Mr Google (and the Washington Post, here) conveniently provide and bombard the gasbags and the alleged journalists with them. They need to be spoonfed this stuff.

The Democratic defense for Clinton was that Republicans conducted a witchhunt that led their handpicked prosecutor Ken Starr to start digging inappropriately into Clinton’s sex life. The country understood this and agreed with it and the Republicans lost seats in the 1998 election because of it.

The underlying crime here is outing a CIA agent and lying about a war. They apparently believe that this is politics as usual, no big deal. William Kristol wailed this morning:

Scooter Libby or Karl Rove are going to be judged criminals for perhaps acknowledging her name, perhaps knowing, though there’s no evidence they did, that she was a covert operative…That’s a crime?

Tom DeLay is not a criminal…Are we seriously going to pretend that shuffling hard and soft money around which hundreds of politicians have done over the last two decades, before McCain-Feingold was enacted [is a crime]?

This from the whining moralists who screeched like a bunch of deranged harpies for years that lying about 10 furtive blow-jobs in a dismissed civil case was a High Crime that was destroying the fabric of our country.

I just can’t help but reprise again this little gem from the man himself:

Politicians, jittery as they are, may wish to reread the prophetic words of author Mark Helprin, in a Wall Street Journal piece from October 1997. For Republicans, wrote Helprin, “there can be only one visceral theme, one battle, one task” — “to address the question of William Jefferson Clinton’s fitness for office in light of the many crimes, petty and otherwise, that surround, imbue, and color his tenure. The president must be made subject to the law.”

Thanks to Monica Lewinsky and Linda Tripp — and, of course, Ken Starr — Helprin’s call to arms carries a new urgency. Starr’s report will reveal, in Helprin’s words, “a field of battle clearly laid down.” The lines have been drawn. What Republicans now need is the nerve to fight. They must stand for, to quote Helprin again, “the rejection of intimidation, the rejection of lies, the rejection of manipulation, the rejection of disingenuous pretense, and a revulsion for the sordid crimes and infractions the president has brought to his office.” (William Kristol, Weekly Standard, May 25, 1998, page 18.)

And now the party who rode into Washington on a promise to “restore honor and dignity” are on television saying that revealing the names of covert CIA agents isn’t a crime and perjury and obstruction are just politics as usual and shouldn’t be “criminalized.”

So much for the Strict Daddy party. Welcome to the Juvenile Delinquent party.

Update: Haha. ReddHedd has a beautiful take down of Mizz Bailey Hutchison, here. Here’s the money quote from her appearance on Press The Meat this morning:

I certainly hope that if there is going to be an indictment that says something happened, that it is an indictment on a crime and not some perjury technicality where they couldn’t indict on the crime so they go to something just to show that their two years of investigation were not a waste of time and dollars.

Yes, those Republicans hate to waste money on those bogus investigations.

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