Memogate - Texas Penal Code - Heads Need to Roll

Texas Penal Code Sec. 37.10 ^ | September 20th, 2004 | The Finman

[JCEccles]

I thought from the outset that the DNC purposely forged 'private' documents to avoid exactly this sort of criminality.

In my opinion as a former prosecutor, they aren't private documents. On their face they purport to be public documents, signed by an public officer, and relate directly to official matters. The fact that they were allegedly kept in a personal file doesn't deprive them of their official character.

I have written my own analysis of their criminality here.

[dodger]

I appreciate the analysis from a legal expert. I guess I meant someone seems to have tried to 'parse' (Clintonian usage intended) the difference between 'public' and 'official'. Again, nice work!

[The Finman]

In a perfect world I believe that is a salient point and cuts to the crux of the matter. But as we have seen that the Federal Government is both slow and unresponsive (Ex. FEC on 527 groups).

Being a native Texan, I know that Texas justice is often swift & decisive, when Federal justice often isn't...I'm hoping that it can be brought to bare on these S.O.B.'s

[68skylark]

Well, since you liked that info, here are two other parts of the UCMJ:

933. ART. 133. CONDUCT UNBECOMING AN OFFICER AND A GENTLEMAN

Any commissioned officer, cadet, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.

934. ART. 134. GENERAL ARTICLE

Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.

[JCEccles]

If I were the Texas DA having jurisdiction over the offense, I would definitely open an investigation. Given the high visibility of this case it is imperative that the DA use it to make the point quite publically that forging and manufacturing official documents, for any reason, is a big no-no.

If you don't make this point in this highly visible case you send the message that it's no big deal and you invite more abuses.

The Texas AG and local DA need to get their rears in gear, IMHO.

[The Finman]

I believe that whoever forged these document may have possibly busted the Uniform Code Military Justice, but Federal & State penal codes as well. I suggest pursuing all of them to the fullest extent possible.

I'm not a lawyer, but I deeply appreciate JCEccles's article...I'm hoping that those that are experienced in the legal arena can look at this and take the best course of action.

[Paleo Conservative]

Yeah but the documents were from Killian's "personal files."

But they were on forged Texas Air National Guard Letterhead, and they had a forged signature of the commander of the that unit. I'm not a lawyer, but to me that sounds like a forged document intended to look like an official government document.

[DestroytheDemocrats]

"But they were on forged Texas Air National Guard Letterhead, and they had a forged signature of the commander of the that unit. "

Ohhh. Hmm. Still don't know if there's a felony here.