CORE CRIMINAL LAW SUBJECTS: Crimes: Article 134 -- False Swearing
2003
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).