[PEN-L:411] perjury, tobacco, & Clinton

[eugenecoyle@xxxxxxxxxxx (Eugene P. Coyle)]

Perjury, Clinton, tobacco execs

        A lot of lawyers have written about perjury since Clinton's
testimony came out.  Most that I've seen assert that it is a terrible crime
which strikes at the heart of justice and which is often prosecuted.  Some
say it is seldom prosecuted, and tough to convict on.

        I've followed the discussion from different viewing points.  I make
part of living, such as it is, as an expert witness.  I've sat through many
hearings in adminstrative law and through trials in Federal and State
courts and watched witnesses skirt telling the truth.  Not many tell "the
whole truth."

        None really get challenged -- opposing lawyers try to leave the
impression of incredibility.  Who knows what impressions the judge forms?

        Twice I've witnessed outright lying -- once when everybody,
including the lawyer for the witness -- agreed that it was lying.  The
second time the testimony was so incredible that, sitting in the audience I
waited for the judge to stop it.  That witness, wrapped in corporate
credibility, was believed by the judge!   (I say outright lying, as
distinct from what most would say "that's a lie!")   Still, nothing was
pursued.  In the world I've witnessed, telling the whole truth and nothing
but the truth is rare, and failing to do it is unpunished.

        From another, more personal, vantage point I hold the image in my
mind of the tobacco executives raising right hands and swearing to tell the
truth to Congress.  I doubt if anybody hearing them believed they told the
truth, and there may be documents that could convict them of perjury.

        Which takes me to Clinton and Reno.  I'm sure there was never much
interest in the Clinton administration or the Reno Justice Dept. to pursue
perjury charges against corporate chiefs.  (Which is not to say that other
Adminstrations would go after corporate criminals.)

        But there is an additional free pass for the tobacco executives in
Clinton's woes.  Clinton obviously can't be in favor of any high-profile
perjury prosecutions just now.  The idea that perjury should be prosecuted,
just when Clinton is under that threat, is something the Justice Department
is not going to pursue.  So the tobacco executives will get a pass from
Justice, unless Clinton is impeached.  And though the House may impeach
Clinton, Congress will never go after the tobacco executives.  Congress
does theater.

Gene Coyle