Page:Report On The Investigation Into Russian Interference In The 2016 Presidential Election.pdf/199




 * 4.

The Office determined that certain individuals associated with the Campaign lied to investigators about Campaign contacts with Russia and have taken other actions to interfere with the investigation. As explained below, the Office therefore charged some U.S. persons connected to the Campaign with false statements and obstruction offenses.


 * a. Overview Of Governing Law

False Statements. The principal federal statute criminalizing false statements to government investigators is 18 U.S.C. § 1001. As relevant here, under Section 1001(a)(2), it is a crime to knowingly and willfully "make[] any materially false, fictitious, or fraudulent statement or representation" "in any matter within the jurisdiction of the executive . . . branch of the Government." An FBI investigation is a matter within the Executive Branch's jurisdiction. United States v. Rodgers, 466 U.S. 475, 479 (1984). The statute also applies to a subset of legislative branch actions—viz., administrative matters and "investigation[s] or review|s]" conducted by a congressional committee or subcommittee. 18 U.S.C. § 1001(c)(1) and (2); see United States v. Pickett, 353 F.3d 62, 66 (D.C, Cir, 2004).

Whether the statement was made to law enforcement or congressional investigators, the government must prove beyond a reasonable doubt the same basic non-jurisdictional elements: the statement was false, fictitious, or fraudulent: the defendant knew both that it was false and that it was unlawful to make a false statement; and the false statement was material. See, e.g., United States v. Smith, 831 F.3d 1207, 1222 n.27 (9th Cir. 2017) (listing elements); see also Ninth Circuit Pattern Instruction 8.73 & cmt. (explaining that the Section 1001 jury instruction was modified in light of the Department of Justice's position that the phrase "knowingly and willfully" in the statute requires the defendant's knowledge that his or her conduct was unlawful). In the D.C. Circuit, the government must prove that the statement was actually false; a statement that is misleading but "literally true" does not satisfy Section 1001(a)(2), See United States v. Milton, 8 F.3d 39, 45