CBS Memogate Malefactors, Meet the Texas Penal Code

The Texas Penal Code | September 16, 2004 | Public Records

[quidnunc]

Texas Penal Code

Sec. 37.10. TAMPERING WITH GOVERNMENTAL RECORD.

(a) A person commits an offense if he:

(1) knowingly makes a false entry in, or false alteration of, a governmental record;

(2) makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent that it be taken as a genuine governmental record;

(3) intentionally destroys, conceals, removes, or otherwise impairs the verity, legibility, or availability of a governmental record;

(4) possesses, sells, or offers to sell a governmental record or a blank governmental record form with intent that it be used unlawfully;

(5) makes, presents, or uses a governmental record with knowledge of its falsity; or

(6) possesses, sells, or offers to sell a governmental record or a blank governmental record form with knowledge that it was obtained unlawfully.

(b) It is an exception to the application of Subsection (a)(3) that the governmental record is destroyed pursuant to legal authorization. With regard to the destruction of a local government record, legal authorization includes compliance with the provisions of Subtitle C, Title 6, Local Government Code.

(c) Except as provided in Subsection (d), an offense under this section is a Class A misdemeanor unless the actor's intent is to defraud or harm another, in which event the offense is a state jail felony.

(d) [amended 5/21/97 & 9/1/97] An offense under this section is a felony of the third degree if it is shown on the trial of the offense that the governmental record was a license, certificate, permit, seal, title, letter of patent, or similar document issued by government, by another state, or by the United States, unless the actor's intent is to defraud or harm another, in which event the offense is a felony of the second degree.

(e) It is an affirmative defense to prosecution for possession under Subsection (a)(6) that the possession occurred in the actual discharge of official duties as a public servant.

(f) It is a defense to prosecution under Subsection (a)(1), (a)(2), or (a)(5) that the false entry or false information could have no effect on the government's purpose for requiring the governmental record.

(g) A person is presumed to intend to defraud or harm another if the person acts with respect to two or more of the same type of governmental records or blank governmental record forms and if each governmental record or blank governmental record form is a license, certificate, permit, seal, title, or similar document issued by government.

(h) [added 5/21/97] If conduct that constitutes an offense under this section also constitutes an offense under Section 32.48 or 37.13, the actor may be prosecuted under any of those sections.

Eff 5/21/97 inserted in (d) "letter of patent," and eff 9/1/97 in (d) inserted ", by another state, or by the United States"; before 5/21/97 (d) provided:

(d) An offense under this section is a felony of the third degree if it is shown on the trial of the offense that the governmental record was a license, certificate, permit, seal, title, or similar document issued by government, unless the actor's intent is to defraud or harm another, in which event the offense is a felony of the second degree.

Sec. 12.34.

Third Degree Felony Punishment

• An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years.

• In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.

[quidnunc]

Here’s what Rush Limbaugh had to say:

CBS Displays Classic Liberal Behavior Pattern: Greater Good Served By Lie

-snip-

RUSH: And he said, "We established to our satisfaction, which is a high standard, that the memos are accurate or we wouldn't have put them on television." The memos are forgeries! Everybody knows this now and we now know where they came from, they came from -- get this -- a Kinko's! A Kinko's copy center in Abilene, Texas. Now, Abilene, let me tell you where all roads lead in this story. All roads lead to the Travis County Democratic Party. That's where all roads lead. This guy Bill Burkett or Burk-ett is how he pronounces his name. He's got ties to people, his lawyer, big Democrat in Texas, got his bio. Then this guy, the other guest that this on this show -- what was the other guest's name? Both these guys hate Bush. I can't remember his name. Ben Barnes. Yeah, Ben Barnes. Ben Barnes, Travis County. It was Rather who went to Travis County to do a fund-raiser at the request of his daughter Robin who's a big muckety-muck Democrat in Travis County.

-snip-

To Read This Article Click Here: http://www.rushlimbaugh.com/home/daily/091604/content/truth_detector.guest.html

[Fiddlstix]

BTTT

[Terabitten]

The noose tightens.

[Oldexpat]

Somebody needs to send that to Dan and CBS.
Then somebody needs to swear out a complaint..

[nopardons]

Swear out the complaint FIRST...then send this to them all!LOL

[ScottFromSpokane]

OK, but the same law provides a defense which seems ironclad in this case: "It is a defense to prosecution under Subsection (a)(1), (a)(2), or (a)(5) that the false entry or false information could have no effect on the government's purpose for requiring the governmental record." The malefactors in this case would be prosecuted under a(2) or a(5).

And I'm not sure why the section in red is highlighted. The fake memos do not fall into any of the listed categories: "...license, certificate, permit, seal, title, or similar document issued by government."

[prophetic]

enough talk & chatter about this already!!

Somebody just git over to CBS and do a citizen arrest. Slap on the steel cuffs on Rather already - THEN show him the article. (meanwhile have Fox news scooping the whole thing)

[John Valentine]

Yes.

Any criminal legal action needs to originate in Texas. This was - in the beginning - a State violation, not Federal.

[ArmyBratproud]

No, Kitty. Leave Mr.Rather Alone

[Tamzee]

Now THAT is a beautiful post.

What I wouldn't give to see some criminal charges come out of this...

[Polybius]

Now all we need is a Texas resident to file a criminal complaint.

Any Texas Freepers want to share the glory with Buckhead?

[Terabitten]

That's where all the fit will hit the shan in this case, IMHO. This goes past spin, past politicking, and directly into CRIMINAL activity. At some point, sooner rather than later, there will be a criminal investigation, and all the spin in the world won't help CBS.

[libstripper]

It's also an independent Federal violation. Federal statutes prohibit forging official Federal Government documents. The forged "order" to Bush requiring him to take a physical was one. Thus, there's been a forgery of a Federal Govenmenetal document and a conspiracy (a separate offense) to forge one. All of this means major hard time foe the perps, if Ashcroft decides to pursue it.

In this case either the state or Federal government can prosecute, just as in the OKC bombing. Both ought to do it.

[Ilya Mourometz]

There's a bigger problem--this law does not apply to the falsification of federal documents at all, nor could it.

Under the Texas Penal Code, Chapter 1, Sec. 1.07 (24):
(24) "Government" means:
(A) the state;
(B) a county, municipality, or political
subdivision of the state; or
(C) any branch or agency of the state, a county,
municipality, or political subdivision.

Texas cannot, as a matter of law, criminalize the falsification of federal documents. Federal law provides penalties for falsification of federal documents, therefore federal law preempts the states' ability to criminalize the same thing. This situation must be handled through federal prosecution in the appropriate federal district in Texas.

[Cboldt]

Thanks for the quick review. I've been doing similar duty when confrontined with statutes that are new to me, and so far I have not found a statute that clearly covers the Killian forgery circumstances. There may be one, but I haven't found it.

Only exceptions:

• CBS paid the forger, on the pretext the document was authentic (fraud);
  
• Shareholder action against CBS for acting against shareholder interest (not criminal)

[Travis McGee]

Law Ping

[John Valentine]

Actually, the reason I came to the conclusion that there is no Federal jurisadiction was that the "order" to take the physical was NOT a Federal document, but a Texas State document, coming from the Texas Air National Guard, a Texas State organization.

If it actually is a Federal document, I stand corrected.

[Ilya Mourometz]

Sorry; forgot to add the more specific definition of a governmental record, which incorporates the definition of "government" I posted above:

Texas Penal Code, Ch.37, sec. 37.01(2)

(2) "Governmental record" means:
(A) anything belonging to, received by, or kept
by government for information, including a court record;
(B) anything required by law to be kept by others
for information of government;
(C) a license, certificate, permit, seal, title,
letter of patent, or similar document issued by government, by another state, or by the United States;
(D) a standard proof of motor vehicle liability
insurance form described by Section 601.081, Transportation Code, a certificate of an insurance company described by Section 601.083 of that code, a document purporting to be such a form or certificate that is not issued by an insurer authorized to write motor vehicle liability insurance in this state, an electronic submission in a form described by Section 502.153(i), Transportation Code, or an
evidence of financial responsibility described by Section 601.053 of that code; or
(E) an official ballot or other election record.

[Clump]

Looks like someone needs to spend some time in the old Bootyhouse!!