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The ABA is looking to publish a list of most popular legal blogs. Not that I seek public adulation, but, uh...why not head over to http://www.abajournal.com/blawgs/web100 by July 30, 2017 and vote this blog as one of the best legal blogs.

You know, for kicks and giggles.

Monday, April 11, 2016

Pants on Fire

Lies, Lies, Lies, Lies, yeah
The other day I was reading an article that read: Former L.A. sheriff admits guilty in jail abuse scandal.  What happened was that illegal stuff was going on at the LA County jail and, as it turned out, former Sheriff Lee Baca knew about it.  What was so wrong about this is that when he was questioned by the FBI about what was going on, he lied to the federal agents.

Thing is, the Feds don't care what he did or didn't do with the jail - they only care that he lied to them.  I guess it's like cheating on the wife.  It doesn't matter who you cheat with, just that you cheated on them that really pisses them off and with an eye toward righteous indignation, they are going to have their pound of flesh.  In the case at hand, former Sheriff Le Baca, that means he'll will be charged with violating 18 USC 1001.

What is 18 USC 1001 and how is it applied?  Remember back when Martha Stewart was being investigated for insider trading?  Apparently, the Feds were talking to her and she said she had not conducted insider trading.  Then, when the Feds found out she had lied to them, they charged her with a violation of 18 USC 1001.  18 USC 1001 reads:
Whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully (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 or contains any materially false, fictitious, or fraudulent statements 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.
So, because Martha lied to regulators (i.e. executive branch) about her insider trading, off to prison she went.  Same with Bernie Madoff.  Same as Enron.  Same as Hillary (i.e. email servergate). Same as any terrorist (because all terrorists are all such upstanding guys/gals who never lie about their terrorist involvement).  

What bugs me is that it is being suggested that Sheriff Lee Baca will only serve maybe 6 months (and then, probably only be on probation).  Really?!  Is that because he donated to the Obama campaign, or something?  If the law applies to Martha, or Bernie, or Enron, or even Hillary Clinton, then Sheriff Lee Baca should be looking at some stiff prison time, as well.

I'm just saying.