Monday, March 19, 2007

Gonzo violated Title 18, U.S Code, Section 1001



Title 18, United States Code, Section 1001 makes it a crime to: 1) knowingly and willfully; 2) make any materially false, fictitious or fraudulent statement or representation; 3) in any matter within the jurisdiction of the executive, legislative or judicial branch of the United States.


During his January 18, 2006 testimony before the Senate Judiciary Committee, Alberto Gonzales said this:

Alberto Gonzales: I would never, ever make a change in a United States attorney position for political reasons or if it would, in any way, jeopardize an ongoing serious investigation. I just would not do it.

When asked on Meet the Press this morning [on Sunday] if he "had any evidence that a U.S. attorney was removed and that removal jeopardized an ongoing investigation," Senator Schumer said he does and that the evidence is "becoming more and more overwhelming."

This is why the prosecutor purge is a genuine scandal. Not only is there clear evidence that the firings were unprecedented and purely politically-motivated, but Alberto Gonzales lied about it under oath and the White House keeps changing it's story. What conclusion can we draw from these lies and revisionisms other than they have something to hide? Namely, that these eight prosecutors were selectively fired because they did not sufficiently politicize their offices and succumb to pressure to do so, only later to be fired for "performance-related" reasons despite receiving exemplary evaluations.

Transcript

MSNBC:

Senator Schumer: [B]ut, in these instances, the evidence is becoming more and more overwhelming that certain U.S. attorneys, and only certain ones, not all of them, but certain U.S. attorneys were fired because either they wouldn't prosecute a case that was politically advantageous to the White House or they were prosecuting a case that was disadvantageous to the White House. Every legal commentator, left, right, center, says you can't do that, that's the one thing you can't do.

Mr. Russert: Well, let's be specific about this because I want to show you what the attorney general said in January testifying before your committee. Let's watch Alberto Gonzales.

(Videotape, January 18, 2007)

Alberto Gonzales: I would never, ever make a change in a United States attorney position for political reasons
or if it would, in any way, jeopardize an ongoing serious investigation. I just would not do it.
(End videotape)

Mr. Russert: Do you have any evidence that a U.S. attorney was removed and that removal jeopardized an ongoing investigation?

Senator Schumer: We do have evidence. In fact, four of the U.S. attorneys who were fired believe that played a role in their removal. Remember, these folks were called up all of a sudden on December 7th. They thought they were doing, doing a good job. They said, "You're not doing - you're fired." "Why?" "We can't tell you." Then they say - there's a little pressure. They say they weren't doing their job right. We get hold of the evaluations done by their peers, the judges, everyone in their district, they all get outstanding ratings. And then it comes out that in four of these instances, they were asked to pursue cases, individual cases, not a general policy, they were asked to pursue individual cases that they thought they shouldn't or they were perhaps pressured to stop. So, yes, there is evidence there in the - in the U.S. attorney's mind.

But, Tim, we don't have proof yet, conclusive, beyond a reasonable doubt proof. That's why we have to go forward with the investigation.

More on Schumer's interview on Meet the Press.

On a footnote: Victoria Toensing is well aware that knowingly making a false statement to a congressional committee conducting an investigation or review is a federal crime. (See Title 18, Section 1001 of the U.S. Code.) The punishment is a fine and/or imprisonment of up to five years. To say that I identified Valerie Wilson as a "covert" officer is to make a false statement. Of course, she should had known better when she made that statement about Ms. Wilson under oath at the committee hearings last week.

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