What does it mean to not "testify under oath" to Congress?

Question

This is in the context of the congressional inquiry into the firing of federal prosecutors. Bush officials want to testify "not under oath." What does that mean? Surely it doesn't mean that they can lie? I am assuming there is a technical definition.

Answer 1

Yes, it means they can lie. Not being under oath means they cannot be charged with perjury if they lie.

They can still be charged with providing false testimony to Congress, under a different statute (18 USC 1001). But that only applies in formal hearings on the record (a transcript).

So, being off the record (no transcript) and not under oath, they could lie all they want with no legal consequences.

Answer 2

It does not mean they are "free to lie" because they may still be guilty of obstructing justice if any criminal investigations result from the present congressional investigations. Moreover, their testimony will be freely available either by agreement or by the ocean of leaks that will inevitably follow their testimony. The purpose of the White House offer is to not waive the long held precedent that communications by executive department is privileged from Congressional inquiry. Since the Democrats have done little else but open investigations of the Bush administration's prior policies and actions the White House is understandably loathe to open the door to testimony of all the President's advisors. Chuck Schumer would sell the Statue of Liberty for a chance to question Carl Rove under oath on television. Given the chance, he'd do nothing else for the next 20 months.

Congress should take the White House offer because think they're gonna lose. But they won't because the Democratic majority would rather have the political issue than the information they purport to want.

Answer 3

It simply means that they do not swear to telly the truth. There fore if they do in fact lie, they are not under oath and can not be prosecuted for it. Bush has said that if Congress does not agree to this then he is going to declare Executive Privilege so that none of his staff will have to testify.

This is all coming from the fact that Clinton was impeached for lying under oath in the Monica Lewinsky hearings. The Bush administration does not want to be prosecuted for lying so they will not testify under oath.

So unfortunately, you are correct in assuming that it means that they can lie without fear of prosecution.

Answer 4

Basically, yeah, it means they can lie.

If they testify under oath, then lying means they can be convicted of perjury, and there would be a record kept of what they said; so far Bush has been determined that his officials only testify off the record.

Answer 5

It is illegal to lie to congress.

The reason why Bush, rightly so, does not want them testifying under oath regarding this issue is that the firing of prosecutors is executive perogative, with no legislative oversight. Allowinf this farce to go on reduces the power of the executive and allows congress to usurp powers belonging to the executive only.

Answer 6

It means you can say whatever you want, the truth, half truths, complete lies, without having to face the penalties of perjury. You remember perjury don't you? That was what Bill Clinton was impeached for but his spin miesters did a good job of convincing most of Americans that it was about a tawdry affair, not purgery and onstruction of justice.

Answer 7

It means, simply put, they will lie.