October 26, 2005
THERE'S LOTS OF RAMPANT SPECULATION regarding what Patrick Fitzgerald will do. I don't have any particular thoughts, except to note that lots of people are mentioning the False Statements Act. That's a troubling law, and as I've done before, I recommend my former colleague Peter Morgan's article, The Undefined Crime of Lying to Congress: Ethics Reform and the Rule of Law, 86 Nw U L Rev 177 (1992). The False Statements Act reaches more (a lot more) than just lying to Congress, and his article surveys its history and some of its abuses.
The subject also gets considerable discussion in this book, which was seen as more-or-less pro-Clinton when it came out, but which I think (and thought) has more general applicability.
UPDATE: More here.