July 23, 2002

ROBERT MUSIL says that Robert Rubin faces serious risk under the False Statements Act for statements he made denying or obfuscating his involvement with certain Enron-related events.

If so, this is probably a testament to the excessive reach of the False Statements Act, though that excessive reach is absolutely a matter of legislative intent — and if he were nailed on this, Rubin wouldn’t be the first to suffer from that excessive reach.

Those seriously interested in this should read Peter W. Morgan’s The Undefined Crime of Lying to Congress: Ethics Reform and the Rule of Law, 86 Nw. U. L. Rev. 177 (1992), which explains the way in which the False Statements Act (which applies to statements made to any federal official, not just Congress) has been used and abused.

UPDATE: Mark Levin says Rubin has other problems though.

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