Monday, September 24, 2018

Solution for Determining Who are Congressional Witnesses?

If Monica Showalter is correct, that sending letters to Congressional Committee Members on a matter before the committee can be prosecuted for perjury, that suggests a quick solution to most of these judicial committee allegations.

In a court of law, the cause of action is started with a complaint that outlines the basic facts: who, what, when, where, and how law was violated. The defendant then has a chance to address these allegations simply to identify the issues in dispute.

So I would simply suggest that the Judicial Committee for all future allegations against a judicial nominee that a letter describing any legal or ethical violations at least meet the requirements of the Federal Rules of Civil Procedure for a Complaint. At that point, the world is on notice about what she is alleging. The letter would only be accepted if it was addressed to the Chair and Ranking Committee Member. That would invoke the law. The correspondent has some skin in the game (see Nasim Taleb's book of the same name for details on why that is important).

If they are not willing to go to jail for gross lies, we should not have to suffer their potentially libelous claims as if they were true. If they are telling the truth or telling the story with a good faith belief that it is true, there is no risk of jail.

Scurrilous lies are not a basis for Congressional, Judicial, or Executive investigation or action. Failing to take a risk of perjury is a necessary first step to avoid the risk of wasting time on what could turn out to be scurrilous lies.