A good explanation of what a statute of limitation is has been provided by the Congressional Research Service:
A statute of limitations dictates the time period within which a legal proceeding must begin. The purpose of a statute of limitations in a criminal case is to ensure the prompt prosecution of criminal charges and thereby spare the accused of the burden of having to defend against stale charges after memories may have faded or evidence is lost.
There is no statute of limitations for federal crimes punishable by death, nor for certain federal crimes of terrorism, nor, since passage of the Adam Walsh Child Protection and Safety Act (2006) (P.L. 109-248), for certain federal sex offenses. Prosecution for most other federal crimes must begin within five years of the commitment of the offense. (Holzer’s emphasis.)
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Ordinarily, the statute of limitations begins to run as soon as the crime has been completed. Although the federal crime of conspiracy is complete when one of the plotters commits an affirmative act in its name, the period for conspiracies begins with the last affirmative act committed in furtherance of the scheme. (Holzer’s emphasis.)
With Barack Obama in the White House and Eric Holder or any other presidential stooge heading the Department of Justice, it’s naïve to expect criminal charges to be brought against anyone working in the current administration between now and January 21, 2017 (the first day of the new Republican presidential administration. )
If on that day a Republican Administration takes over, with a conscience-possessed president and Congress in charge, indictments could follow.
Let’s say that under the Republicans it would take a year to investigate and prepare criminal cases, and present them to grand juries.
That takes us to January 2018.
If the run-of-the-mill criminal conduct set forth below is subject to a 5 year statute of limitation, that means conduct back to January 2013 is subject to federal criminal indictment by January 2018. And, of course, other illegal conduct going forward from today.
What are some of the crimes that may have been committed under this “most transparent administration” ever? For example:
· Subornation of perjury.
· Destruction of evidence.
· Lying to a federal official, when under oath.
· Lying to a federal official, when not under oath.
· Falsification of public records.
· Tax evasion.
· Obstruction of justice.
· Violation of the Hatch Act.
· Abuse of power.
· Civil Rights Act violations.
· Computer hacking.
· Communication, receipt, tampering with restricted data.
Readers may recall from TV series, that anyone who aids and abets the commission of a crime is chargeable as a principal. That criminal law principle cast a wide net.
And let’s not forget the most powerful charge of all: conspiracy, a brief explanation of which is now in order. Recall what I said above, quoting the Congressional Research Service:
Ordinarily, the statute of limitations begins to run as soon as the crime has been completed. Although the federal crime of conspiracy is complete when one of the plotters commits an affirmative act in its name, the period for conspiracies begins with the last affirmative act committed in furtherance of the scheme.
Substantively, a federal criminal conspiracy is complete when two events occur. The first is a provable agreement (not necessarily in writing) between two or more persons to commit an illegal act. Second, the commission by any party to the agreement of an act in furtherance of the conspiracy, even a perfectly legal act.
I’ll make up an example: Two IRS employees agree to destroy a hard drive next week because it contains incriminating information (an illegal act). One conspirator realizes that they’ll need a replacement hard drive. So she goes to Best Buy and purchases one (ordinarily a legal act, but in furtherance of the conspiracy). A complete, indictable, convictable federal conspiracy has occurred!
Let’s lay next to the 20 potential crimes listed above (there are more) just some of the already-known Obama Administration scandals:
· Associated Press reporters’ phone records.
· Fox News’ “James Rosen is a criminal, but not really”.
· Holder’s testimony that he had nothing to do with the Rosen threat.
· “Fast and Furious” supplying guns to narco-terrorists.
· Holder’s testimony about when he first learned about “Fast and Furious.”
· Sebelious leaning on HHS regulatees to make financial donations.
· Agency (e.g., VA, GSA) book-cooking to hide unauthorized expenditures.
Let me remind you that any criminal conduct in these episodes that occurred after January 2013 is not barred by the statutes of limitations applicable to most, if not all, of the substantive crimes listed above until January 2018.
Even worse for those involved in such criminality is that they’re not free and clear from indictment for conspiracy until 5 years after “the last affirmative act committed in furtherance of the scheme.”
From daily media reports, it looks like that last act has not yet occurred.
As the IRS, Benghazi, VA, and other scandals keep rolling along, so too does the ever-advancing statutes of limitation.
Counting the days to expired statutes of limitations will not help the likes of the John and Lois Does.
Vote Republican in 2016, and justice might be served.