CORE CRIMINAL LAW SUBJECTS: Crimes: Article 134 -- False Swearing


United States v. Fisher, 58 MJ 300 (it is not necessary that a statement be false in every detail in order for a guilty plea to false swearing to be provident; the gist of the crime of false swearing is that an oath to tell the truth has been knowingly violated; a statement need not be false in its entirety).

(the difficulty with the plea inquiry into this false swearing specification was the military judge’s reference to false statements by omission; here, despite the reference to false by omission, there were also multiple literal falsehoods; it is clear from the entire record that the appellant knew that he was accused of making a false statement, referenced the falsity of the statement in his stipulation of fact and in response to the military judge’s questions, and voluntarily pleaded guilty because he was guilty).

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