When they can't get you for anything else
The baseball steroid scandal has reared its again. Yesterday, A-Rod admitted he used steroids when he was with the Texas Rangers. Houston Astros shortstop Miguel Tejeda was also charged with lying to Congress. You can debate the wisdom of pursuing this investigation all you want. Personally, I think we have more important issues to focus on. However, it does point out something that is not well known about the criminal justice system; when they can't get you for anything else, they can also get you perjury.
Perjury is a favorite tool of prosecutors. Those who remember the S & L mess in the 1980's know this well. There were hundreds of bankers and executives who probably committed all sorts of fraud, and other illegal acts. They weren't convicted of those things though; instead, they were convicted of perjury. Investigators would either get them in front of a grand jury or interview them. When they thought they were lying they would charge them with perjury.
Perjury is also a common threat, especially in criminal prosecutions. When a prosecutor finds out someone is going to testify for a defendant, they gently remind them they can be prosecuted for perjury. The proof is that the witness isn't saying what the State's witnesses are saying. Of course everyone knows that the state's witnesses are also truthful, so if you say something different you are lying.
There is some discretion in the application of any law. Nowhere is that more apparent that in perjury prosecutions. How many times have you seen a prosecution discredited; many times there is no doubt they lied. You seldom see them prosecuted though. With Tejeda, who hasn't lied to Congress? How about the auto executives, and bankers who have been testifying. No one seriously expects those people to ever be charged with an offense. Is that fair? Probably not, but that's the system.
