Before Tony Fauci, 8 Others Who Were Accused of Lying to Congress

Prosecutions for mendacity to Congress are uncommon, a lot much less convictions, however some instances have been excessive profile.

The situation is within the information as a result of Sen. Rand Paul, R-Ky., has requested the Justice Department to examine whether or not Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases, misrepresented information to Congress.

Fauci, responding angrily to Paul in a listening to final week, said he “by no means lied earlier than the Congress.” 

False statements to the legislative and government branches are coated by 18 U.S. Code Section 100. Perjury is a separate statute, beneath 18 U.S. Code Section 1621. Both may apply to Congress. 

Federal prosecutors have been selective in pursuing such instances, stated Paul Kemenar, a lawyer who represented former Trump marketing campaign adviser Roger Stone, convicted final yr of mendacity to Congress. 

“The Justice Department has a checkered previous,”  Kemenar instructed The Daily Signal. “They didn’t go after [former National Intelligence Director] James Clapper. So, even when it had been clearly the case that Fauci could possibly be prosecuted, they won’t go after the top of the Biden administration’s COVID activity drive.”

Related: Investigating Whether Fauci Lied to Congress Difficult, Legal Experts Say

Prosecutions for mendacity to Congress are exceedingly uncommon, in accordance to a 2007 Quinnipiac Law Review article by P.J. Meitl, later a federal prosecutor in Texas. 

“Almost nobody is prosecuted for mendacity to Congress,” Meitl wrote. “In reality, solely six folks have been convicted of perjury or associated fees in relation to Congress within the final sixty years.”

The rarity could possibly be as a result of the stakes are larger in court docket instances, stated John Malcolm, director of the Meese Center for Legal and Judicial Studies at The Heritage Foundation. (The Daily Signal is Heritage’s multimedia information group.)

“Court proceedings go on longer and a member of Congress has 5 minutes to ask a query of the witness, and often makes use of three of these minutes talking himself,” Malcolm, who was an affiliate unbiased counsel within the prosecution of former Interior Secretary James Watt partially for mendacity to Congress, instructed The Daily Signal. 

“In Congress, testimony is about forming public coverage,” he stated. “In a prison court docket, somebody’s liberty is at stake. It may decide whether or not there’s a responsible verdict.”

Here are eight examples of main figures who had been accused of mendacity beneath oath to Congress, and what occurred to them. 

1. James Clapper

In March 2013, Clapper, the Obama administration’s director of nationwide intelligence, instructed the Senate Intelligence Committee that the National Security Agency wasn’t amassing info on American residents. 

At some stage, Clapper appeared to concede that wasn’t true. After the Edward Snowden revelations, he stated that it was the “least untruthful” assertion he may make. 

However, Clapper wasn’t charged with mendacity to Congress, regardless of some protests by senators. 

In the listening to, Sen. Ron Wyden, D-Ore., asked Clapper: “Does the NSA gather any kind of knowledge in any respect on tens of millions, or a whole lot of tens of millions. of Americans?”

Clapper responded: “No, sir.”

Wyden, apparently searching for assurance, requested: “It doesn’t?”

Clapper stated: “Not wittingly. There are instances the place they might inadvertently, maybe, gather, however not wittingly.”

NSA worker Edward Snowden leaked information to the media that June displaying that the NSA collected metadata from telephone calls. 

Several lawmakers from each events,  together with Paul, referred to as for Clapper to be held accountable for deceiving Congress. 

Wyden, who requested the query, said: “Regardless of what was going by way of the director’s head when he testified, failing to appropriate the file was a deliberate resolution to lie to the American folks about what their authorities was doing.”

Malcolm, within the interview with The Daily Signal, speculated that the Justice Department declined to examine this case as a result of it concerned categorised info.

2. Hillary Clinton

In 2015, former Secretary of State Hillary Clinton told the House Select Committee on Benghazi that “there was nothing marked categorised on my emails, both despatched or acquired.”

Then-FBI Director James Comey introduced in July 2016 that he wouldn’t advocate prosecuting Clinton for utilizing a personal electronic mail server moderately than a authorities one. 

However, Comey was clear that some of Clinton’s emails contained markings displaying the data was categorised. 

Comey stated: “I feel it’s attainable—attainable—that she didn’t perceive what a C meant when she noticed it within the physique of an electronic mail like that.”

It’s not clear that Clinton knowingly misinformed Congress, however then-House Oversight Chairman Jason Chaffetz, R-Utah, asked the FBI director to examine whether or not Clinton lied to Congress. 

3. Roger Stone

Roger Stone was charged with mendacity to the House Select Committee on Intelligence about communications with WikiLeaks about when the web site would publish emails damaging to Hillary Clinton marketing campaign aide John Podesta. 

Stone ultimately was convicted with mendacity to Congress and witness tampering in early 2020. 

On his means out of workplace, Trump pardoned Stone and different marketing campaign associates. 

4. Roger Clemens

A former pitcher for the New York Yankees and Boston Red Sox, Roger Clemens was charged in 2010 for telling the House Oversight and Government Reform Committee that he by no means used performance-enhancing medication often called steroids.

Clemens was acquitted in 2012. 

5. Michael Cohen

In late 2018, Trump’s private lawyer, Michael Cohen. pleaded guilty in a New York federal court docket to mendacity to Congress about work he did in hopes of constructing a Trump Tower in Russia.

The actual property mission in Russia was within the planning levels earlier than Trump was president. Trump’s firm ditched the plan when it was clear he could be the Republican presidential nominee in 2016.  

Cohen made the false assertion to the Senate Intelligence Committee and got here beneath investigation within the probe by particular counsel Robert Mueller, who investigated Russian meddling within the 2016 presidential marketing campaign. 

6. H.R. Haldeman

H.R. Haldeman was one of the important thing figures within the Watergate scandal that ended the presidency of Richard Nixon. In 1975, the previous White House chief of workers was convicted of obstruction of justice and perjury in testimony to the Senate Watergate Committee that investigated the 1972 break-in at Democratic National Committee headquarters. 

Haldeman was sentenced to eight years and served 18 months.

Many others had been convicted within the Watergate cover-up, amongst them former Attorney General John Mitchell. But Haldeman was amongst key figures convicted for his testimony to Congress. 

7. Caspar Weinberger

Former Defense Secretary Caspar Weinberger, who served beneath President Ronald Reagan, was indicted for mendacity to Congress in 1992 concerning the Iran-Contra scandal.

The (*8*) raised questions. Independent counsel Lawrence Walsh issued the indictment the Friday earlier than the presidential election between Republican President George H.W. Bush and his Democrat challenger, Bill Clinton.  

Clinton gained the election the next Tuesday. Bush pardoned Weinberger earlier than leaving workplace.

Other figures, akin to Clair George, deputy director of operations on the CIA, and John Poindexter, Reagan’s nationwide safety adviser, had been charged with mendacity to Congress. 

Bush additionally pardoned George. An appeals court docket overturned Poindexter’s conviction. 

8. James Watt

In 1995, former Interior Secretary James G. Watt, who served within the Reagan administration, was indicted for perjury, obstruction of justice, and hiding subpoenaed paperwork tied to his alleged position in a scandal on the Department of Housing and Urban Development. 

The fees included mendacity to a federal grand jury and to Congress about Watt’s lobbying of former HUD Secretary Samuel R. Pierce Jr. and different HUD officers to promote sure personal builders. 

In 1996, Watt pleaded guilty to a misdemeanor cost of making an attempt to affect a federal grand jury and averted the opposite fees. 

As half of that very same prison probe, Deborah Gore Dean, a cousin to former Vice President Al Gore, was sentenced to 21 months and fined $5,000 for her position. 

Dean was convicted in 1994 of steering tens of millions of {dollars} in HUD contracts to favored builders, accepting an unlawful cost, and mendacity to Congress. 

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