http://www.jewishworldreview.com/0611/simon060311.php3
June 3, 2011 1 Sivan, 5771
Weiner and the Law's Peril
By Roger Simon
If you smell something burning, it is Anthony Weiner's future going up in
smoke.
Weiner is a brash and bright Democratic congressman who represents parts of
Brooklyn and Queens. Up until recently, he was considered a leading
contender to become New York City's next mayor, a race for which he has
already bankrolled $3.9 million.
He can save his money.
A few days ago, a close-up picture of a man in his underpants was sent from
Weiner's Twitter account to a 21-year-old college student in Washington
state. She says she does not know Weiner. Weiner says he does not know her
and did not send the picture. He says his Twitter account was "hacked" by a
"prankster."
It is no crime to send a lewd picture to an adult, and Weiner is under no
known investigation by any law enforcement agency or the House Ethics
Committee.
But he is in deep, deep trouble.
It is not enough for a politician to be innocent, he also must appear to be
innocent. In fact, it is often better to appear to be innocent than actually
be innocent.
In all his TV appearances so far, Anthony Weiner has looked about as
innocent to me as O.J. No, strike that, some people think O.J. really is
innocent. Nobody could possibly watch Anthony Weiner and think he is.
He couldn't look more guilty if he ran down Pennsylvania Avenue at high noon
wearing nothing but a pair of bulging gray underpants.
Some quick asides: It is my intention to avoid all double or even single
entendres in this column. They are juvenile and tiresome, two things I
occasionally steer clear of. Second, the "lewdness" of the photograph in
question is subject to debate. If you have ever watched an Olympic swimming
event or seen a man on a public beach in a Speedo, you have seen more
lewdness. Third, the degree of lewdness doesn't really matter. If a
congressman takes a picture of himself in his underwear and sends it to a
college kid, that congressman has some serious issues.
Now back to Weiner, who has publicly said the same things over and over: He
is innocent of sending the picture, he can't say with "certitude" that the
picture is not of him, he does not wish to speak to federal law enforcement
officials about it, and he is hiring a private firm to investigate the
matter.
Alarm bells began clanging in my head.
O.J. Simpson said in 1995 he was going to hire a private firm to find out
who "really" killed Nicole Brown and Ronald Goldman. We are still awaiting
the report.
After being accused by 15 women of having molested them over the years,
Arnold Schwarzenegger said in 2003 he was going to hire a private firm to
investigate their claims and clear the air. We are still awaiting the
report.
And now Anthony Weiner says he is going to hire a private firm to find out
how his Twitter account was hacked, even though Weiner could easily go to
the U.S. Capitol Police or the FBI and ask them to do it.
Asked repeatedly why he refuses to do so, Weiner replies the whole matter is
a "prank" and not "a federal case."
The sound you continue to hear is the clanging of bells.
It is no crime to lie to the press. If caught, all you face is a few
disgruntled reporters, and most reporters are always disgruntled.
It is no crime to lie to the public. If caught, all you face are a few
shrugs, and maybe (though maybe not) defeat in the next election.
It is no crime to lie to your wife. If caught, all you face is shame and
maybe (though maybe not) divorce.
But if you lie to federal agents, even if you are not under oath, you could
face three to five at Allentown.
The relevant law is Title 18, United States Code, Section 1001, which states
in part that "whoever, in any matter within the jurisdiction of the
executive, legislative, or judicial branch of the Government of the United
States, knowingly and willfully - (1) falsifies, conceals, or covers up by
any trick, scheme, or device a material fact; (2) makes any materially
false, fictitious, or fraudulent statement or representation; or (3) makes
or uses any false writing or document knowing the same to contain any
materially false, fictitious, or fraudulent statement or entry; shall be
fined under this title, imprisoned not more than 5 years ... ."
And that is why it could be perilous for Weiner to sit down and make any
statements whatsoever to any federal agents. Sending a picture of himself in
his underwear to an adult is no crime. Lying about it to federal
investigators is.
Which could be why he prefers to hire a private firm rather than letting the
U.S. Capitol Police or FBI agents do their job.
Will this story go away, replaced by more important stories about Medicare,
the federal debt limit and bloodshed in the Mideast?
A story about sex and a politician? Just go away while there are still
questions to be asked and stories to be done? Are you kidding me?
I said Anthony Weiner is bright, and he is. But bright people can do dumb
things. And to have a bright political future, Weiner needs to be more than
innocent. He needs to start acting like it.
[Non-text portions of this message have been removed]
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