Perjury In the Courts, Congress & Legislatures
Sosa, Bonds, Clemens, Burris and The Truth
Jun 20, 2009
Sosa is not the only high profile person currently having issues for allegedly failing to tell the truth under oath. Barry Bonds is being prosecuted for lying to a grand jury. Questions are swirling around Roger Clemens and Senator Roland Burris for potentially false statements under oath.
False Statements Under Oath Not Always Easy to Determine
When someone swears or affirms to tell the truth, the whole truth and nothing but the truth and fails to do so, it becomes a criminal offense. That offense is referred to as perjury. It may be a felony offense with potential time in prison.
Perjury is not always easy to determine, as the truth or falsity of a statement may not be perfectly clear, as Bill Clinton famously said: “It depends on what the meaning of the word 'is' is.”
Additionally, perjury usually requires that the statement be material to the proceeding and have the potential to affect the outcome.
Perjury for Congressional Testimony
Federal law defines perjury as follows:
Whoever—
(1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true … is guilty of perjury. 18 U.S.C. § 1621.
This statute covers the allegations against Barry Bonds and the potential problems for Sammy Sosa and Roger Clemens. A similar Illinois statute looms over US Senator Roland Burris.
The Sosa Congressional Testimony
Sammy Sosa made clear statements regarding the use of illegal performance enhancing drugs to Congress, despite indicating that he was hampered in his testimony by limitations on his English skills.
During that testimony Sosa told the House Government Reform Committee:
“I have never injected myself or had anyone inject me with anything. I have not broken the laws of the United States or the laws of the Dominican Republic. I have been tested as recently as 2004, and I am clean.”
Revelations that Sosa tested positive in 2003 for steroid use seem to make that statement a matter material to the committee that he did not believe to be true, placing him at risk for prosecution.
Barry Bonds, Roger Clemens & Senator Roland Burris
Barry Bonds, baseball’s all time home run king, is facing trial on perjury charges of lying to a federal grand jury investigating the Bay Area Laboratory Co-Operative (BALCO) in 2003 about his use of illegal steroids. If convicted he potentially faces 30 months in prison.
Roger Clemens, the American League’s all time strikeout leader, is under perjury investigation for statements made to Congress on February 13, 2008. During that testimony Clemens stated: “I never took steroids or human growth hormone.” His testimony was directly contradicted by his personal trainer, Brian McNamee, who testified that he personally injected Clemens with anabolic steroids and human growth hormone.
US Senator Roland Burris (D-IL) is under investigation by Illinois authorities for perjury. At issue are live testimony and affidavits sworn to the Illinois House Impeachment Committee investigating then Governor Rod Blagojevich. Federal wiretap recordings of Burris and Blagojevich’s brother appear at odds with Burris’ representations to the committee.
The Need to Prosecute High Profile Cases
The courts and legislatures rely significantly upon the truthfulness of witnesses. In a court setting perjured testimony can convict an innocent man or set a guilty person free. In a legislative setting it can result in laws that are unjust, unfair or imprudent. If the government does not prosecute the famous, rich or powerful for lying under oath, the wrong message is sent to the average citizen called upon to give sworn testimony.
That message is that the oath need not be taken seriously and undermines all proceedings in courtrooms and legislatures throughout the country.
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