We often hear about the rule-of-law as if it some standard and unerring means of meting out justice.  It is far from that.  Despite the claim of “uniform justice” and “equal under the law,” the most cursory review of court cases will demonstrate that there is no such uniformity or equity.

We actually live under the rule of prosecutors and judges.  There is what we call “prosecutorial discretion.”  That by its very nature prevents uniform application of laws.  Prosecutors determine the legal charges – and even for similar crimes, their recommended sentencing differs from case to case.  They can even decide to NOT prosecute a person even when a crime has clearly committed.

In the worst cases of prosecutorial abuse, the legal bloodhounds can go after, indict and even convict innocent people.  It was standard operating procedure in the old Democrat southland in the days of segregation and Jim Crow.  The legal system, itself, was committing crimes and brazenly violating the Constitution.  Political prosecutions were not rare in our major cities where political machines controlled the police, the prosecutors and the judges.

In recent years, we have seen an increasing politicization of “lying to prosecutors.”  That is one of the charges that got political gadfly Roger Stone a conviction in the federal court.  Same with General Michael Flynn and Scooter Libby, long ago aide to Vice President Dick Cheney.

Often – too often – it is charged when there is not underlying crime to cover up – just the suspicion of a crime.  That is why lying to investigators does not sit well with we the people – especially if there is not underlying crime.

When one takes an oath to tell the truth in a court-of-law, that is perjury and should be legally punishable.  Same with taking an oath before Congress.  By fibbing to investigators, not so much.

In fact, the entire criminal and civil justice systems are predicated on divining truths in the face of lies.  A person who pleads innocent to a crime they actually committed is … lying.  Witnesses lie routinely.  Even the prosecutors lie in proffering their cases.

The entire process of plea bargaining is based on unequal justice and lies.  You cut a deal and you will not be charged with the most serious crimes you commit. The law did not rule — a prosecutor did.

The Stone case is just the latest example.  Prosecutors initially requested a sentence between seven to nine years – using what they call “sentencing guidelines.”  Trump opined that the recommendation was unfair and out of line with other similar cases.  The leadership of the Department of Justice created a tempest in a teapot when it overruled the local prosecutors and recommended a lower sentence range – six to seven years.

Judge Amy Berman Jackson said that even the lower recommendations was too high, and she sentenced Stone to 40 months – just over three years.  So, ever after taking a lot of heat from Democrats, it turned out that Trump was right – as was the DOJ, to a point.   The Democrats and the #NeverTrumpers in the media were wrong – at least according to the Obama-appointed judge.  She obviously agreed with the President.

If you still cling to a belief that law rules over the decisions of men (and women), recall that President Nixon’s folks lied to prosecutors to cover a statutory crime – the breaking into the headquarters of the Democratic National Committee.  One of the Nixon aides got 18 months another probation with no prison time.  How does that compare to Stone who lied to cover up … what?

It is not nice to lie to prosecutors – and it does make their work more difficult.  But that is not reason to have lying a major felony when there is no crime to cover up.  At best, it should be a civil infraction with a $1000 fine.  If you lie to cover up a real crime in which there is a conviction, that is a whole ‘nother thing.

We hear over and over that “the truth matters.”  But if you take a close look at American jurisprudence, truth can matter less than appearances, less than biases of all kinds and less than the ethics of prosecutors and judges.  Maybe even less than their mood of the day.

So, there ‘tis.

By Larry Horist

So, there ‘tis… The opinions, perspectives and analyses of Larry Horist Larry Horist is a businessman, conservative writer and political strategist with an extensive background in economics and public policy. Clients of his consulting firm have included such conservative icons as Steve Forbes and Milton Friedman. He has served as a consultant to the Nixon White House and travelled the country as a spokesman for President Reagan’s economic reforms. He has testified as an expert witness before numerous legislative bodies, including the U. S. Congress. Horist has lectured and taught courses at numerous colleges and universities, including Harvard, Northwestern, DePaul universities, Hope College and his alma mater, Knox College. He has been a guest on hundreds of public affairs talk shows, and hosted his own program, “Chicago In Sight,” on WIND radio. Horist was a one-time candidate for mayor of Chicago and served as Executive Director of the City Club of Chicago, where he led a successful two-year campaign to save the historic Chicago Theatre from the wrecking ball. An award-winning debater, his insightful and sometimes controversial commentaries appear frequently on the editorial pages of newspapers across the nation. He is praised by readers for his style, substance and sense of humor. According to one reader, Horist is the “new Charles Krauthammer.” He is actively semi-retired in Boca Raton, Florida where he devotes his time to writing. So, there ‘tis is Horist’s signature sign off.

14 thoughts on “Lying to investigators is just another arbitrary crime”
  1. Larry,
    You are so true. The system is so corrupt. It’s only coming to light because of the media bias against President Trump as he tries to drain the swamp. The Dems are so mad because they exist in the swamp!

  2. Well I would like to know what can be done about this?…I know its gone on a LONG time!…Its alot of what the less naive but honest citizens know happens all the time and it filters right down to everyday living under the guise of “The American Way”…Very disheartening for the few people that refuse to accept this as being accepted for the norm…If you are then you are an outcast and ostracized ..Thats alot of undue stress to carry…I learned to deal with it in my lifetime by having sports [running/baseball…others] as my positive outlet for aggression and leave it all on the field when done…I wish that more could..I was luckier than most in that way but paid for it many other ways because of the vulnerability in life that it leads to…Others arent able to or just openly fight it the wrong way and wind up broke/dead or in jail..Im SOOO glad to see a man like Trump succeed!!!…Its an inspiration

  3. Seems that law isn’t in affect anymore . Ask the FBI , DOJ and the regular police that are told not to stop any democrat action on the streets . When our law officers lie under oath and nothing is done about it cause their with the democrat party . Then there is no more law and order in our country … Just us and them … it’s their way of getting everyone On board their side or pay the price . By hook or crook that’s their way . If you want justice again I our country think real hard on who to vote for Come November.

    President trump 2020 ….. make the liberals cry again

  4. Re: lying toFederal Agents. : Gen. Flynn was found guilty after a trial to have lied to FederalAgents. McCabe, the number 2man in the FBI admitted he lied to other Federal Agents he leaked information to the media. He goes free while Flynn is convicted. Does that mean the rules for the “elite” only apply to the “elite” and the.rest of us deplorable are tried under rules for the lumpen proletariat. (Expofrosty@hotmail.com)


  6. It appears then that you have no real problem with lying to investigators. I’ll have to remember your reasoning next time a rob a bank or am accused of cheating on my income taxes. The fact is Stone is an immoral human being, not to mention that he is a sleazebag of the first order, who thinks nothing of lying and cleary Trump thinks excatly the same way. For those of you that haven’t heard it’s called purjury and it’s one of the most important stautes and tools our legal departments nationwide have to work with, thus it is a serious CRIME. Worse than that Trump expects anyone in his sparsely filled, and ever changing cabininet, to lie to protect him; that is to commit the crime of Purgery…….for him…..out of loyalty. We’ve come a long, long way since our first president confessed to his father that “yes father , I cannot tell a lie, I chopped down your Cherry Tree.

    Call me old fashioned but in my view lying always sucks and a President of the Divided States of America lying should, under no circumstanced be tolerated…..campaign promises excepted since they are for the most part, all lies……..read my lips.

  7. Everyone seems to think plea bargains are to help the criminal. NO. It helps the so called prosecutor put someone away. He/She cares not if you are innocent or guilty. As long as it helps their career. today’s worthless FAKE attorney’s that say the represent you in fact do NOT. For all you so called patriots who think you’re untouchable because you do nothing wrong? GUESS AGAIN. They are in fact coming after YOU. We are under a POLICE STATE. your young sons are at a very high risk. That is why they passed the rouge unconstitutional law from the 68 GUN CONTROL ACT that say’s you cannot have a gun once released. BULL. If a person is that bad they should NOT be on the street period. But alot of YOU sucked it up. You get what you DESERVE. No sympathies from this household.

  8. Spoken as a true Texan who obviously knows curruption when she sees it (except not all of the time, nor when it concerns the monsterous corruption of President Trump, 95% of his administration, his Attorney General, his closest advisor Stephen Miller, as well as the Republican Party whose ticket he ran on when he realized no Democrat would ever vote for him causing him to abandon the Democratic Party to which he belonged for the previous 40 years. You might also recalled his stance on abortion, that it was every womans right have one if she wanted. Now you might view this sort of stuff as opportunistic if you were not so deeply in love with The Orange Haired Fat Boy. To actually solve Americas problems we would need to vote every Republican Senator, save one, out of office….and I aint talking about chinless Mitch McConnell; while during the same election we’d have to boot Trump out of the White House and take him in handcuffs to New York to face the huge pile of very serious indictments waiting for him in Manhatten’s 9th District Federal Court. The importance of this happening in 2020 cannot be over estimated since his leaving office in 2020 eliminates his Presidential protections against being indicted and it beats his other protections covered under The Statute of Limitations. You want to make America great again? Follow my directions, join the Democrats, tune you TV to blank out the criminal enterprise called FoxNews, wake up,
    go to church on Sundays and pray that God corrects what he allowed to happen in 2016………or was it the Devil that engineered the tragedy of that election?

  9. Old Wolf,

    Clearly you are way too seriously inflenced in you opinions of Demacrats by FoxNews and Rush Limbaugh
    (or the other dozen or so far right nut cases pitching their hatred across the airwaves). First off, how in the Hell can you tell a Democrat walking on the street from a Republican ( or Independant) ? Their smile? their strut? their dress? their hairdo?…..what? Of course you can readiy spot a Republican by the red MAGA hat they wear in public so they can give the thumbs up to passersby wearing the same these hat…..fellow FoxNews watchers who, just by seeing their hats you know they are on your team – in your club – fellow addicts whose brainwashing they wear on their headsfor all to see. Let me ask you this: what “law officers lie under oath” are you talking to? Where in the Hell did you get that from? Do you know, or are you aware, that Democrats in Congress have put about 300 bills on Mitch McConnell desk for his signture to allow the bills to be voted on that have sat there for 3 years now. These very Democrats are ones you say get their way “by hook or by crook”. The same Democrats that brought a virtually iron clad case to Trumps impeachment trial only to have 99.9% of the Senate jury pay no attention to the actual case, who each lied when he swore an Oath to be unbiased and voted against allowing witnesses whose testmony would certainly have proven the Democrats case beyond any reasonable doubt. Trump of course was extremenely proud of their loyalty to him and chose to let him freely abuse his office even while his trial was for the very same crime. The Republican Party can be defined today by these things: their complete lack of courage ( balls ), their affrontary, their holier-than-thou denial that they are anything less than the saviors of our country when in fact they are in the process of destroying it at the whim of the most corrupt President in our nations entire history. You not only have it wrong Old Wolf, you have it very wrong, dangerously wrong, sinfully wrong. Perhaps a few Sundays spent at church services in a legitimate Christian Church or Saturdays at a Temple to hear the truth instead of the gibberish you hear at those store fronts or circus tents favored by Evangelicals selling their evil snake oil version of Gods Words. Wake up Old Wolf, your missing all the good stuff going on outside of your own closed and corrupt world.


  11. If there was no underlying crime, it would not be necessary to lie to investigators! Stone is lucky he wasn’t charged with TREASON!

  12. Thanks for some other excellent article. Where else could anybody get that type of info in such an ideal means of writing? I have a presentation subsequent week, and I’m at the look for such information.

  13. Can I just say what a relief to find someone who actually is aware of what theyre talking about on the internet. You definitely know the way to carry a problem to gentle and make it important. Extra individuals must read this and perceive this facet of the story. I cant believe youre not more standard because you undoubtedly have the gift.

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