Is Perjury Condoned? By Maurice Harris

Is Perjury Condoned?

By Maurice Harris

In California there is a penal code that states the specific punishment for the crime of perjury in a capital case. During a portion of my trial I asked for permission to recall a witness that I knew to be lying in hopes of eliciting the truth before it was too late. But the judge shot this strategy down cold. Since then I have constantly wondered, why would he do this?

Over the years, now ten, I have sat on death row with plenty of time to contemplate this matter. I am starting to see from the judges perspective, especially after coming across the following quote: " If you want to understand what results will be manifested in the future, look at the causes that exist in the present." (The writings of Nichiren Dashonin, Vol. 1, p.279). So I decided to put a different formula to this equation and I looked into the past to see how the manifestations of allowable perjury came to be.

I know that any organization takes its cues from the top, whether they are Microsoft, media outlets, or Enron. The justice system is not any different. At the top of this system, we have the courts (up to the supreme court), and the legislature (up to the White House).

Constantly we continue to see leaders and their friends in high positions of governmental power commit perjury, mislead, and obstruct investigations. These individuals receive little or no punishment. This being said, here is a quick study of how our government deals with some high profile perjuries of the past.

1. John Ehrlichman: Former domestic policy advisor (perjury and obstruction in ’75)-served 18 months.

2. Elliot Abrams: Former assistant secretary of state (two accounts of misleading congress)-pardoned by George H.W. Bush in ’92.

3. Lewis (Scooter) Libby: Former vice-presidential aide and highest-ranking Bush administration official (convicted for perjury and obstruction). Bush refused to rule out a possible pardon after Libby’s conviction, even after saying he would hold anyone liable of perjury involved in the Valerie Plame case (that could have ended her life).

What have these men done to deserve these pardons and light sentences? The lower courts are affected the most by these pardons. These pardons and light sentences are a result of the interest of the convicted in the Power Structure. As long as the perjuries are in the interest of the Power Structure, Judges will continue to turn a blind eye.

To cure any problem, you have to first locate the source. I state that one of the sources is the nonchalant treatment of perjury by government witnesses. We need our people (or simply those who care for a real justice system) to force the call for a stiffer punishment for know perjurers and those rogue prosecutors who protect them.

There should be a limit to the amount of times any witness will be allowed to change their statements before they become ineligible to testify. Shall they continue to be allowed to keep changing stories until they hit pay-dirt with the one that the prosecutor finally agrees with?