Publisher's Synopsis
Excerpt from False Statements After the Hubbard V. United States Decision: Hearing Before the Committee on the Judiciary United States Senate One Hundred Fourth Congress Second Session on S. 1734
Last week, Senator Levin and I, together with Senators Stevens, Nunn, Cohen, Inouye, Jeffords, and two other members of this Committee, Senators Leahy and Kohl, introduced S. 1734. This new bill will amend section 1001 to restore coverage for false statements made to both Congress and the federal judiciary, although it will codify the judicially-created exception to the pre-hubbard section 1001 to ex empt from its coverage statements made to a court in connection with its performing an adjudicative function. The rationale for this exception is that our adversary sys tem relies on unfettered argument and the chilling effect from applying section 1001 to statements to a court adjudicating a case could be significant. In addition, cross examination and argument from the other side is adequate to reveal misstatements in the judicial context.
No similar legislative-function exemption is proposed for false statements made to Congress, and none is needed. Congress does not rely on cross-examination to get at the truth. Instead, we must rely on the truthfulness of statements made to us in the course of the performance of our official duties. In addition, for the 40 years in which section 1001 was thought to protect Congress, there does not appear to have been a single case of abuse of the statute to target constituents, lobbyists, and others who routinely communicate with Members of Congress and their staffs con cerning legislative matters.
In addition to restoring section 1001 liability for false statements made to Con gress and the courts, S. 1734 would restore force to the prohibition against obstruct ing congressional proceedings by narrowing the meaning of the provision. This amendment is needed to respond to a decision of the United States Court of Appeals for the District of Columbia Circuit which found the current statute too vague to be enforceable.
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