Posted on 09/29/2018 4:01:40 PM PDT by grayboots
Senator Hatch sends a letter to the FBI regarding Kavanaugh background investigation.
18 U.S.C. § 371—Conspiracy to Defraud the United States
https://www.justice.gov/jm/criminal-resource-manual-923-18-usc-371-conspiracy-defraud-us
The operative language is the so-called “defraud clause,” that prohibits conspiracies to defraud the United States. This clause creates a separate offense from the “offense clause” in Section 371. Both offenses require the traditional elements of Section 371 conspiracy, including an illegal agreement, criminal intent, and proof of an overt act.
Although this language is very broad, cases rely heavily on the definition of “defraud” provided by the Supreme Court in two early cases, Hass v. Henkel, 216 U.S. 462 (1910), and Hammerschmidt v. United States, 265 U.S. 182 (1924). In Hass the Court stated:
The statute is broad enough in its terms to include any conspiracy for the purpose of impairing, obstructing or defeating the lawful function of any department of government . . . (A)ny conspiracy which is calculated to obstruct or impair its efficiency and destroy the value of its operation and reports as fair, impartial and reasonably accurate, would be to defraud the United States by depriving it of its lawful right and duty of promulgating or diffusing the information so officially acquired in the way and at the time required by law or departmental regulation.
Hass, 216 U.S. at 479-480. In Hammerschmidt, Chief Justice Taft, defined “defraud” as follows:
To conspire to defraud the United States means primarily to cheat the Government out of property or money, but it also means to interfere with or obstruct one of its lawful governmental functions by deceit, craft or trickery, or at least by means that are dishonest. It is not necessary that the Government shall be subjected to property or pecuniary loss by the fraud, but only that its legitimate official action and purpose shall be defeated by misrepresentation, chicane or the overreaching of those charged with carrying out the governmental intention.
Hammerschmidt, 265 U.S. at 188.
The general purpose of this part of the statute is to protect governmental functions from frustration and distortion through deceptive practices. Section 371 reaches “any conspiracy for the purpose of impairing, obstructing or defeating the lawful function of any department of Government.” Tanner v. United States, 483 U.S. 107, 128 (1987); see Dennis v. United States, 384 U.S. 855 (1966). The “defraud part of section 371 criminalizes any willful impairment of a legitimate function of government, whether or not the improper acts or objective are criminal under another statute.” United States v. Tuohey, 867 F.2d 534, 537 (9th Cir. 1989).
The word “defraud” in Section 371 not only reaches financial or property loss through use of a scheme or artifice to defraud but also is designed and intended to protect the integrity of the United States and its agencies, programs and policies. United States v. Burgin, 621 F.2d 1352, 1356 (5th Cir.), cert. denied, 449 U.S. 1015 (1980); see United States v. Herron, 825 F.2d 50, 57-58 (5th Cir.); United States v. Winkle, 587 F.2d 705, 708 (5th Cir. 1979), cert. denied, 444 U.S. 827 (1979). Thus, proof that the United States has been defrauded under this statute does not require any showing of monetary or proprietary loss. United States v. Conover, 772 F.2d 765 (11th Cir. 1985), aff’d, sub. nom. Tanner v. United States, 483 U.S. 107 (1987); United States v. Del Toro, 513 F.2d 656 (2d Cir.), cert. denied, 423 U.S. 826 (1975); United States v. Jacobs, 475 F.2d 270 (2d Cir.), cert. denied, 414 U.S. 821 (1973).
While only she would have reason (standing) to sue them, perhaps they could be prosecuted for obstruction of justice by the Senate Judicatory membership ?
As someone says:BOOM!
He should file an ethics complaint.
Thanks for that citation, very helpful.
I was expecting a /s at the end of this letter
It looks like they will have to report that she NEVER was in California, that just might be her unraveling and lead her Lawyers and their Pimps to Criminal Prosecution.
WH and Senate GOP pushing the who leaked the letter and Hizzy Fraud’s identity. If we even believe that-who knows.
Bump
“The FBI is widely renowned for conducting fair, thorough, and expeditious investigations…”
Yeah... SURE they are...
Well, it’s a start. There should be about 50 additional letters coming — one for each Dr. Fraud infraction.
Interesting. Not sure if the FBI folks are good folks or not. Time and only time will tell.
As someone says:BOOM!
Absolutely. If you are looking for a sternly written letter the Senate GOP is the placed you go.
Can the lawyers get in trouble if they didn’t tell her they would have come to her?
I understood her to be in Delaware the entire time she was discussing her fear of flying from California.
Congressmen can’t prosecute anyone for anything. Congress even gave up their ability to punish people found in contempt of Congress. It all belongs to the DOJ.
To get to the US Senate, one must have a degree of ruthlessness to get through the statewide nominating process and all the roadblocks put up to stop undesirables or to save the favored elite. Hatch is demonstrating that.
He put her in a lose/lose. If she's lying about not knowing about the offer (if I were betting I'd choose that), she's a liar. If she in fact did not know, the lawyers are in very serious trouble.
Vicki Weaver was unavailable for comment.
Seems as though there should be a comma between "her" and "Lawyers."
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.