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The Consequences of Perjury and Related Crimes

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The Consequences of Perjury and Related Crimes THE CONSEQUENCES OF PERJURY AND RELATED CRIMES HEARING BEFORE THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTH CONGRESS SECOND SESSION ON THE CONSEQUENCES OF PERJURY AND RELATED CRIMES DECEMBER 1, 1998 Serial No. 67 ( Printed for the use of the Committee on the Judiciary U.S. GOVERNMENT PRINTING OFFICE 53±247 WASHINGTON : 1998 For sale by the U.S. Government Printing Office Superintendent of Documents, Congressional Sales Office, Washington, DC 20402 COMMITTEE ON THE JUDICIARY HENRY J. HYDE, Illinois, Chairman F. JAMES SENSENBRENNER, JR., JOHN CONYERS, JR., Michigan Wisconsin BARNEY FRANK, Massachusetts BILL McCOLLUM, Florida CHARLES E. SCHUMER, New York GEORGE W. GEKAS, Pennsylvania HOWARD L. BERMAN, California HOWARD COBLE, North Carolina RICK BOUCHER, Virginia LAMAR S. SMITH, Texas JERROLD NADLER, New York ELTON GALLEGLY, California ROBERT C. SCOTT, Virginia CHARLES T. CANADY, Florida MELVIN L. WATT, North Carolina BOB INGLIS, South Carolina ZOE LOFGREN, California BOB GOODLATTE, Virginia SHEILA JACKSON LEE, Texas STEPHEN E. BUYER, Indiana MAXINE WATERS, California ED BRYANT, Tennessee MARTIN T. MEEHAN, Massachusetts STEVE CHABOT, Ohio WILLIAM D. DELAHUNT, Massachusetts BOB BARR, Georgia ROBERT WEXLER, Florida WILLIAM L. JENKINS, Tennessee STEVEN R. ROTHMAN, New Jersey ASA HUTCHINSON, Arkansas THOMAS M. BARRETT, Wisconsin EDWARD A. PEASE, Indiana CHRISTOPHER B. CANNON, Utah JAMES E. ROGAN, California LINDSEY O. GRAHAM, South Carolina MARY BONO, California (II) MAJORITY STAFF THOMAS E. MOONEY, SR., General Counsel-Chief of Staff JON W. DUDAS, Deputy General Counsel-Staff Director DIANA L. SCHACHT, Deputy Staff Director-Chief Counsel DANIEL M. FREEMAN, Parliamentarian-Counsel PAUL J. MCNULTY, Director of Communications-Chief Counsel JOSEPH H. GIBSON, Chief Counsel RICK FILKINS, Counsel SHAREE M. FREEMAN, Counsel PETER J. LEVINSON, Counsel JOHN F. MAUTZ, IV, Counsel WILLIAM E. MOSCHELLA, Counsel STEPHEN PINKOS, Counsel GEORGE M. FISHMAN, Chief Counsel DAVID P. SCHIPPERS, Chief Investigative MITCH GLAZIER, Chief Counsel Counsel JOHN H. LADD, Chief Counsel RAYMOND V. SMIETANKA, Chief Counsel SUSAN BOGART, Investigative Counsel LAURA ANN BAXTER, Counsel ROBERT S. HOOVER, Counsel DANIEL J. BRYANT, Counsel JOHN C. KOCORAS, Counsel CATHLEEN A. CLEAVER, Counsel BERLE S. LITTMANN, Investigator VINCE GARLOCK, Counsel STEPHEN P. LYNCH, Professional Staff JAMES W. HARPER, Counsel Member SUSAN JENSEN±CONKLIN, Counsel CHARLES F. MARINO, Counsel DEBRA K. LAMAN, Counsel JEFFREY J. PAVLETIC, Investigative Counsel BLAINE S. MERRITT, Counsel THOMAS M. SCHIPPERS, Investigative Counsel NICOLE R. NASON, Counsel ALBERT F. TRACY, Investigator GLENN R. SCHMITT, Counsel PETER J. WACKS, Investigator JIM Y. WILON, Counsel DIANA L. WOZNICKI, Investigator MINORITY STAFF JULIAN EPSTEIN, Minority Chief Counsel-Staff Director PERRY H. APELBAUM, Minority General ABBE D. LOWELL, Minority Chief Investigative Counsel Counsel DAVID G. LACHMANN, Counsel SAMPAK P. GARG, Investigative Counsel CYNTHIA A. R. MARTIN, Counsel STEVEN F. REICH, Investigative Counsel HENRY MONIZ, Counsel DEBORAH L. RHODE, Investigative Counsel STEPHANIE J. PETERS, Counsel KEVIN M. SIMPSON, Investigative Counsel SAMARA T. RYDER, Counsel LIS W. WIEHL, Investigative Counsel BRIAN P. WOOLFOLK, Counsel (III) C O N T E N T S HEARING Page December 1, 1998 ..................................................................................................... 1 OPENING STATEMENT Hyde, Hon. Henry J., a Representative in Congress from the State of Illinois, and Chairman, Committee on the Judiciary ..................................................... 2 WITNESSES Battalino, Barbara, Los Osos, California ............................................................... 7 Carney, Thomas P., Lieutenant General, USA (Ret.) ........................................... 81 Dershowitz, Alan M., Felix Frankfurter Professor of Law, Harvard Law School .................................................................................................................... 84 Edney, Leon A., Admiral, USN (Ret.) .................................................................... 76 Higginbotham, Hon. A. Leon Jr., Paul, Weiss, Rifkind, Wharton & Garrison, Washington, DC ................................................................................................... 66 Parsons, Pam, Atlanta, Georgia ............................................................................. 6 Richardson, Hon. Elliot L., Milbank, Tweed, Hadley & McCloy, Washington, DC .......................................................................................................................... 74 Rosen, Jeffrey, Associate Professor of Law, George Washington University Law School ............................................................................................................ 97 Saltzburg, Stephen A., Howrey Professor of Trial Advocacy, Litigation, and Professional Responsibility, George Washington University Law School ....... 90 Tjoflat, Hon. Gerald B., U.S. Circuit Judge, U.S. Court of Appeals for the Eleventh Circuit, Jacksonville, FL ..................................................................... 60 Wiggins, Hon. Charles E., Senior U.S. Circuit Judge, U.S. Court of Appeals for the Ninth Circuit, Las Vegas, NV ................................................................. 62 LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING Battalino, Barbara, Los Osos, California: Prepared statement 9 Carney, Thomas P., Lieutenant General, USA (Ret.): Prepared statement ....... 83 Dershowitz, Alan M., Felix Frankfurter Professor of Law, Harvard Law School: Prepared statement ................................................................................. 87 Edney, Leon A., Admiral, USN (Ret.): Prepared statement ................................. 78 Goodlatte, Hon. Bob, A Representative in Congress from the State of Virginia: Article from The New York Times dated Nov. 17, 1998 ................................... 36 Higginbotham, Hon. A. Leon Jr., Paul, Weiss, Rifkind, Wharton & Garrison, Washington, DC: Prepared statement ................................................................ 69 Hyde, Hon. Henry J., a Representative in Congress from the State of Illinois, and Chairman, Committee on the Judiciary: Prepared statement .................. 3 Jackson Lee, Hon. Sheila, a Representative in Congress from the State of Texas: Prepared statement .................................................................................. 173 Moorer, Thomas H., Admiral, USN (Ret.), Former Chairman of the Joint Chiefs of Staff: Prepared statement ................................................................... 149 Richardson, Hon. Elliot L., Milbank, Tweed, Hadley & McCloy, Washington, DC: Prepared statement ...................................................................................... 75 Rosen, Jeffrey, Associate Professor of Law, George Washington University Law School: Prepared statement ........................................................................ 98 Saltzburg, Stephen A., Howrey Professor of Trial Advocacy, Litigation, and Professional Responsibility, George Washington University Law School: Prepared statement .............................................................................................. 93 (V) VI Page Scott, Hon. Robert C., a Representative in Congress from the State of Vir- ginia: Rule 6(c) of the Rules of Criminal Procedure ................................................. 119 United States v. Hvass ..................................................................................... 123 United States v. Debrow ................................................................................... 128 Weinburg, Robert L., The Fatal Flaw in Starr's Case for Grand Jury Perjury: An Essential Element is Missing .................................................. 119 Starr, Hon. Kenneth W., Office of the Independent Counsel, Responses to Questions Posed by Members of the Committee on the Judiciary ................... 176 Wiggins, Hon. Charles E., Senior U.S. Circuit Judge, U.S. Court of Appeals for the Ninth Circuit, Las Vegas, NV: Prepared statement ............................. 63 APPENDIX Material submitted for the hearing ........................................................................ 173 THE CONSEQUENCES OF PERJURY AND RELATED CRIMES TUESDAY, DECEMBER 1, 1998 HOUSE OF REPRESENTATIVES, COMMITTEE ON THE JUDICIARY, Washington, DC. The committee met, pursuant to notice, at 9:45 a.m., in room 2141, Rayburn House Office Building, Hon. Henry J. Hyde [chair- man of the committee] presiding. Present: Representatives Henry J. Hyde, Bill McCollum, George W. Gekas, Howard Coble, Lamar S. Smith, Elton Gallegly, Charles T. Canady, Bob Inglis, Bob Goodlatte, Stephen E. Buyer, Ed Bry- ant, Steve Chabot, Bob Barr, William L. Jenkins, Asa Hutchinson, Edward A. Pease, Christopher B. Cannon, James E. Rogan, Lindsey O. Graham, Mary Bono, John Conyers, Jr., Barney Frank, Charles E. Schumer, Howard L. Boucher, Jerrold Nadler, Robert C. Scott, Melvin L. Watt, Zoe Lofgren, Sheila Jackson Lee, Maxine Waters, Martin T. Meehan, William D. Delahunt, Robert Wexler, Steven R. Rothman, and Thomas M. Barrett. Majority Staff Present: Thomas E. Mooney, Sr., general counsel- chief of staff; Jon W. Dudas, deputy general counsel-staff director; Diana L. Schacht, deputy staff director-chief counsel; Daniel M. Freeman, parliamentarian-counsel; Joseph H. Gibson, chief coun- sel; Rick Filkins, counsel; Sharee
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