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by Alan M. Dershowitz • December
21, 2018 at 5:00 am
- Lying to the FBI is
not a crime if the lie is not material.
- "[18 U.S. Code
§] 1001 explicitly requires that the lie must be material. The
statute (a2) reads '...makes any materially false, fictitious,
or fraudulent statement or representation;'" — Alan M.
Dershowitz, on Twitter.
- If Twitter users
wish to spread stories as pseudo-reporters, they must also
fact-check what they publish. If they do not, they become
complicit in the spreading of disinformation.
(Image
source: Fox News video screenshot)
Controversy over the responsibility Twitter has in
policing its users has been at the forefront of our national
discourse. There is also a role for individuals to play in
propagating fair and accurate stories on this platform. On Twitter,
information seems to spread at lightning speed and "news"
stories have a way of taking on a life of their own. Twitter
undoubtably has some virtue -- I myself am a frequent user. It is a
forum where otherwise disparate people can communicate quickly and
information can be democratized. However, Twitter all too
frequently can be used to deceive and mislead.
On Twitter, I am often the target of misleading news
stories based on out of context or truncated quotes as well as
outright lies. My recent commentary on Michael Flynn's lying to the
FBI is a perfect example of just that. On December 17, I was
interviewed by Bill Hemmer and was asked about the repercussions of
Flynn lying to the FBI. I first responded by stating:
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