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.)
* * *
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.
But when?
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:
· Perjury.
· Subornation of perjury.
· Destruction of evidence.
· Lying to a federal official, when
under oath.
· Lying to a federal official, when
not under oath.
· Forgery.
· Larceny.
· Falsification of public records.
· Embezzlement.
· Fraud.
· Bribery.
· Racketeering.
· Tax evasion.
· Obstruction of justice.
· Violation of the Hatch Act.
· Abuse of power.
· Extortion.
· 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:
· IRS.
· Benghazi.
· 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.
