Truth or Consequences. America Under Oath.The Perjury Pandemic. By Thomas Schoenberger

Posted by on Feb 16, 2015 in law, Privacy, Thomas Schoenberger | 0 comments


Perjury is the crime of taking a false oath. In Latin, one can break down the word to per, through and jurare, to swear. The term dates back to the 14th century, but the crime dates back to the beginning of culture, surely. The voluntary violation of an oath or vow either by swearing to what is untrue or by omission to do what has been promised under oath is false swearing. A mistake of fact or an unintentional misrepresentation of fact is not considered to be perjury. In order for a witness to commit perjury during his or her testimony in court, he or she must intentionally make a false statement of fact. In addition, in many places, telling a lie about something immaterial to the matter before the court is not considered perjury.Perjurers face felony charges and usually end up in prison, due to the fact that courts do not like being lied to.
The crime is so serious, that perjurers are made an example of. Lie to a Judge or Court and you could face up to 5 years in prison, not jail. Aiding and abetting a perjurer is also a felony,since it is considered a conspiracy against the court to abet a known perjury.

The statement upon which a charge of perjury is based must be something that was relevant to the court’s decision in the matter before the court. Say for example, Mary Six Pack tells a judge that Joe Blow was calling her from a blocked phone number. If in fact Joe Blow did not call her, Mary better get herself a good attorney because she will be prosecuted. If Mary was perjuring herself to cover up greater fraud, then the police will investigate her, her friends and her criminal history. Her phone records will be searched. Her life will be under a microscope. Criminalists consider this type of false swearing (perjury as an act of obstruction) as the most serious, since bearing false witness harms the general sanctity of the system itself. Police can easily find who called or did not call from a blocked number. The NSA scandal has pretty much proven that there are few secrets. That may violate some people’s sense of privacy, but it can also exonerate falsely accused people. If Mary has any prior record and they are crimes of moral turpitude, then Mary better do some hard praying. She should have considered that the police only have to go to her phone provider to prove her perjury. Welcome to the cyber jungle….

A person may also be guilty of lying under oath in writing. Many legal documents include a statement attesting to the fact that the person executing the document swears, under the penalties of perjury, that the information contained in the document is true and accurate. Once a person signs the document, he or she is subject to a charge of perjury if a material fact was misrepresented or a false statement was made in the document.

In most states, it is a crime to knowingly lie after taking an oath to tell the truth. Additionally, committing perjury can be as simple as signing a document knowing that it contains false statements and information. The technical definition of perjury is the telling of a lie after having taken an oath to tell the truth, usually in a court of law or simply “to lie under oath.” The matter that is lied about also has to affect the outcome of a case. An example of this would be if any individual fibbed about the year they were born, which wouldn’t be considered perjury, unless that was a major factor in proving the specific case.

In many cases, there is a fine line between the interpretation of a fact and actual perjury. This is because a person can be honest and think a certain fact to be true when it isn’t. There are other countries, like France, in which the accused cannot be heard under affirmation or oath, meaning there is no way for them to commit perjury even if they lie during their trial. The attempt to coerce one into committing perjury is also considered a crime, referred to as the subornation of perjury.

Perjury is a common-law crime governed by both state and federal laws and under federal law, the punishment for perjury in most states is the imposition of a fine, imprisonment, or both. A person who has been convicted of perjury can face a fine of up to $15,000 and/or a prison term of up to 15 years, which depends on how serious the lie was and how much effect it had on the outcome of a case. Federal law also imposes sentencing enhancements when the court determines that a defendant has falsely testified on his own behalf and is convicted. Under the Federal Sentencing Guidelines, the court is required to automatically increase the defendant’s sentence. A convicted subject can also have to publicly apologize, or may lose their job (as well as respect from their peers) for committing perjury.

A recent famous case that involved perjury was with Martha Stewart, who was convicted of the intent to commit perjury as well as for lying to a federal agent. Perhaps the most recent notorious case of one who has been accused of perjury was in 1998, when the U.S. President Bill Clinton was impeached by the House of Representatives for his involvement in an affair with Monica Lewinsky and lying under oath about it, as well, for the obstruction of justice. He ended up being acquitted by the Senate and he never faced any criminal charges, though he did have to pay a fine for “contempt of court”

From Roger Clemens to the wife of George Zimmerman, suddenly, perjury is a hot subject, with prosecutors now willingly going after perjurers because it plays well in the press. But, how is perjury, once considered a split hair type of legal term, all of a sudden vogue? Because of it’s complexity it comes down to what the person said, what they understood themselves to be saying and what they understood the question to be. Said one lawyer I spoke with last week, “If law enforcement can prove someone perjured themselves in order to either harm another person or to put a roadblock in an investigation, then the courts take this matter very seriously. To quote John Butler, “The tongue may be employed about and made to serve all the purposes of vice in tempting and deceiving, in perjury and injustice”. To quote an unidentified source, “Discover the perjury and you discover more crime”. Perjury is now being taken far more seriously by prosecutors, since perjurers makes fools of judges, police and the system in general. Perjurers are forewarned, “Mess with the Judge and the Judge will Mess with you back”.

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Posted by on Apr 21, 2013 in 322, Art History, Creative people, Creativity, Free Will, History, Humor, Mysteries, Privacy, speech | 0 comments

Want to see a conspiracy theorist? Look in the Mirror

Benjamin Franklin

A conspiracy theory purports to explain a social, political or economic event as being caused or covered up by a covert group or organization. On April 15th 2013, Conspiracy theories went viral on the internet, alleging that the Boston bombings were a ‘false flag’, an event hoaxed on the unsuspecting public with the aim of fooling the American public into allowing Big Government to leave the people unarmed and therefore unable to defend themselves against tyranny.

This notion is not a new one to the American people, nor is it foreign to humankind. I propose that most human interaction involves conspiracy. When a woman wears lipstick, is she not conspiring to simulate estrus in order to appear attractive? Is not the Hair Club for Men a conspiracy by the male species to fool strangers into believing male pattern baldness avoided you? Would Ben Franklin be a member of Hair Club for Men? I do not doubt it. Ben was a master conspirator, and is beloved by the American public because of his ability to outwit the British.

Anytime Anderson Cooper speaks out against bullying cases, he is a conspiracy theorist because he postulates that multiple antagonists actively sought to harass a certain person. And military history is replete with disinformation, false flags, strategies and tactics meant to fool the enemy. Anytime any group of people wage war on another, you will find conspiracy. As far as the media, they are masters of conspiracy. Anderson’s “keeping them honest” segments are a conspiracy by CNN content providers to make us believe that CNN has the monopoly on integrity. Same goes for Fox with their ‘Fair and Balanced’ motto. Same as Alex Jones and Piers Morgan, having a verbal slugfest on national news some months back. Piers sees a conspiracy of gun crazy Americans and Alex sees an evil Government out to enslave us. I am, like most of us, a spectator. I am neither a Republican or Democrat and I have the same low opinion of politics as the next person…Its almost like we have a conspiracy as a nation to hold our elected leaders in low regard. We, the American Public, are quickly becoming tired and suspicious of mainstream media. I guess we all better get the CT branding irons out and offer up our foreheads…….

Have you ever felt like your parents were “ganging up on you”? Well, look in the mirror. You will see a conspiracy theorist staring back at you, unless, of course you are a vampire and therefore have no reflection. In that case, beware of conspiracy theorists bearing torches and pitchforks.

Locust 2

And now the moral of the story. We are all conspiracy theorists, everyone of us. So is the Government. So is the media. So are the banks. We are all conspirators, as well. Every secret society, every sister whispering in another’s ear, every parent who conspires to hide the ugly truth from the ears of their children, too tender in age to process sex or violence, are conspirators . Every party we throw, ever secret we tell, every meeting we take, its all conspiracy…. Conspiracy defines us. Our nation was borne of conspiracy. Did not Paul Revere conspire to alert Boston that the British were coming? Does not every parent “conspire” to lie to their children when they propose the reality of Santa Claus? Isn’t every fiction writer on earth conspiring to teleport its readers’ minds to another realm? Name a behavior between two people that is not a conspiracy. Calling someone a conspiracy theorist is pretty redundant….

On another April 15th, back in 1865, the shaken and angry leaders of our Government sat around a bed too small for the gaunt figure sprawled across it. That dying figure was Abraham Lincoln and in the coming days, the Government denounced the “Conspiracy of Evil men” who had plotted his assassination.

In fact, the FOUNDING FATHERS put forth the unpopular conspiracy theory that England planned to raise taxes, leave the people poorer and keep them in the dark about their long term nefarious goals. The Founding Fathers were proven correct and were the Government of Lincoln’s. So before you write someone off for their conspiracy theories, perhaps you should glean that humanity, every nation and ever age has been inspired, changed and furthered by conspiracy theories.

Labels should not imprison us. In the end, all of us come from a long line of conspiracy theorists. Please tell nobody you read this blog……………..

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The Coming Era of Pizza Delivery Drones By Thomas Schoenberger

Posted by on Jan 25, 2013 in Free Will, Military, Privacy, Science, Strategy, Thomas Schoenberger | 2 comments

Aerial vehicles (UAVS), also known as drones, are aircraft either controlled by ‘pilots’ from the ground or increasingly, autonomously following a pre-programmed mission. (While there are dozens of different types of drones, they basically fall into two categories: those that are used for reconnaissance and surveillance purposes and those that are armed with missiles and bombs.
The Drones are coming !

The Drones are coming !

Drones have been around since WW2 and only in recent years have the technological capabilities been expanded. With recent news that real estate agents have been using drones to map out neighborhoods, we can only conclude that one day, we will have pizza’s delivered via drone. Why  stop there? The post office might want to get in on the act. And let’s consider groan drones, unmanned aircraft that can deliver grievances, nasty-grams, Dear John letters, you get the picture,…

Military drone manufacturers are seeking civilian uses for remote sensing drones to expand their markets and this includes the use of drones for domestic surveillance. Drones will no doubt make possible the dramatic expansion of the surveillance state.But, if drones also develop a commercial market,instead of just being restricted to miltary use, then it stands to reason that one day, drones will be dog watchers, volcano observers, even wedding photographers.
Travelocity may even promote a “roaming Drone” And much like the ancient Greeks believed., the sky is watching us.As a believer in privacy, I hope we do not become one nation under surveillance.
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