Quote:
Originally Posted by dilbert firestorm
she wasn't under oath when FBI interviewed her
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Was Martha Stewart "under oath" when she lied to Federal investigators?
18 U.S. Code § 1001 - Statements or entries generally
(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—
(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation; or
(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;
shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.
(b) Subsection (a) does not apply to a party to a judicial proceeding, or that party’s counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding.
(c) With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to—
(1) administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or
(2) any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate."
Martha Stewart was also convicted under "conspiracy" to violate 18 U.S.C. § 1505.
"Obstruction of proceedings before departments, agencies, and committees"
"Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and properly made under the Antitrust Civil Process Act, willfully withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand; or attempts to do so or solicits another to do so; or
Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress—
Shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both."
There is no "requirement" for the defendant to have been "under oath"!
The reason why that is a bogus analysis by the DOJ is that as a practical matter Federal (State and Local) investigators rarely have any present during interviews and contacts with citizens who can administer "the oath." Cummy knows that! And as a Federal Prosecutor (former) if that was his standard to initiate prosecutions, and he didn't put Hillarious-No-More under oath, then HE INTENTIONALLY FAILED TO DO SO TO AVOID HAVING TO RECOMMEND A PROSECUTION ... OR HE'S NOT COMPETENT TO BE THE HEAD OF THE FBI .... he can take his pick.
Regardless .... Hillarious-No-More was sworn when she appeared before Congress.
Petreaus' girlfriend was the commander of an Army Military Intelligence unit, and she held a Top Secret security clearance in that capacity, flighty. Hildebeest surrendered access to Top Secret SAP material to her lawyers and to technicians who serviced her illegal, insecure server who did not have commensurate security clearances, flighty. 
Hildebeest stored Top Secret SAP documents on her illegal and insecure server -- more insecure than a Gmail account -- stored in her basement. Then she turned over her unwiped servers to outside agencies -- hence, more people with no security clearances -- who provided even less security than hildebeest had, flighty. 
Hildebeest lied to the American people and -- while under oath -- to Congress, flighty. 
