Posted on 10/15/2005 9:53:55 AM PDT by Perdogg
Release date: 2005-08-03
(a) Whoever under oath (or in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code) in any proceeding before or ancillary to any court or grand jury of the United States knowingly makes any false material declaration or makes or uses any other information, including any book, paper, document, record, recording, or other material, knowing the same to contain any false material declaration, shall be fined under this title or imprisoned not more than five years, or both.
(b) This section is applicable whether the conduct occurred within or without the United States.
(c) An indictment or information for violation of this section alleging that, in any proceedings before or ancillary to any court or grand jury of the United States, the defendant under oath has knowingly made two or more declarations, which are inconsistent to the degree that one of them is necessarily false, need not specify which declaration is false if—
(1) each declaration was material to the point in question, and
(2) each declaration was made within the period of the statute of limitations for the offense charged under this section.
In any prosecution under this section, the falsity of a declaration set forth in the indictment or information shall be established sufficient for conviction by proof that the defendant while under oath made irreconcilably contradictory declarations material to the point in question in any proceeding before or ancillary to any court or grand jury. It shall be a defense to an indictment or information made pursuant to the first sentence of this subsection that the defendant at the time he made each declaration believed the declaration was true.
(d) Where, in the same continuous court or grand jury proceeding in which a declaration is made, the person making the declaration admits such declaration to be false, such admission shall bar prosecution under this section if, at the time the admission is made, the declaration has not substantially affected the proceeding, or it has not become manifest that such falsity has been or will be exposed.
(e) Proof beyond a reasonable doubt under this section is sufficient for conviction. It shall not be necessary that such proof be made by any particular number of witnesses or by documentary or other type of evidence.
ping.
Very tough road to hoe for Fitzgerald.
Hope you come back soon! We need you.
oh RONNNNIEEEEEEEEE! Ju have some espanin' to do.......
If I were the judge, I'd sure be questioning Miller's notes written on a sports playbill. I'd say this unverifiable paper has raised a BIG question mark.
Could this apply to Wilson?
I'd guess Wilson's problem would be that he sent a friend to approach Novak on the street. Someone had said this was Larry Johnson. I'm betting that Novak smelled a setup and just pretended not to know Johnson. I'm also speculating that Novak knew Valerie Plame before she married Wilson. The use of the word "Operative" was carefully chosen by Novak, meaning Dem Operative" and it worked. He had pushed the button that made this Merry go round and the whole world knows that Valerie got Wilson the Niger Mission. What we don't know is who Valerie convinced that Joe was the right person. She couldn't have done it on her own.
I dunno, all of a sudden I'm getting hinkys regarding the supposed indictments coming via Fitzgerald. It would just be poetic justice if this is another 'Rope-a-dope' from the perfect Roverian storm. How better to put this issue to rest than first leak from Rove/Libby lawyers that they have informed their clients that they 'may' be indicted, and have the democrats fall all over themselves saying how fair and unbiased this Fitzgerald is. Then, then the real indictments come down, whether it ends up being the CIA plot against Bush, or whatever that is not what the demos expect, what do they say then? "Oh, we were wrong, Fitzgerald is covering up for Bush/Cheney?"
Just my random thoughts (crossing my fingers, also)
It sure is!
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