Congress passed Two Seminal Laws, the Economic Espionage Act and the False Statements Accountability Act.

The Economic Espionage Act (“EEA”) was drafted by James P. Chandler. EEA was heavily promoted by Clinton’s C.I.A. Director John M. Deutch. William (“Bill”) A. Fenwick of Fenwick & West LLP assisted Chandler. Chandler would bring Fenwick in on Aug. 20, 2001.

The False Statements Accountability Act (“FSAA”) was sponsored by a one-term freshman Senator William J. Martini (NJ) who later became a federal judge. It included a bizarre Subsection (b) that permits judges, attorneys and parties to lie to Congress, courts and agencies without liability. This law has been affirmed several times by 9th Circuit Judge Susan P. Graber, a Clinton appointee. In U.S. v. McNeil she wrote: “Congress . . . chose to exempt from criminal liability certain kinds of lies to the federal government . . . Statements made in judicial proceedings are excluded from liability under the statute by subsection (b).” US v. McNeil, 362 F. 3d 570 (9th Cir. 2004) at 574.

In U.S. v. Horvath she wrote: “criminal liability does not attach to materially false statements submitted by a party to a judge in a judicial proceeding, even if the party makes the statements knowingly and willfully.” US v. Horvath, 492 F. 3d 1075 (9th Cir. 2007) at 1081.

James P. Chandler very likely played a central role in this unconscionable new 1996 FSAA provision—passed in the fog of the EEA—that permits lying to Congress, courts and administrative proceedings. Did Congress even read this law before approving it almost unanimously? John Kasich voted for it, as did John Boehner and Nancy Pelosi.


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