Opinion

Brogan v. United States

  • 522 U.S. 398
  • 118 S. Ct. 805
  • 139 L. Ed. 2d 830
  • 1998 U.S. LEXIS 648
Court
Supreme Court of the United States
Filed
Jan 26, 1998
Status
Published
Author
Souter
On the bench
Scalia, Scaua, Rehnquist, O'Connok, Kennedy, Thomas, Souter, Ginsburg, Stevens, Breyer
Cited by
218 cases

reasoning that “[i]t is well established that the fact that a person’s silence can be used against him — either as substantive evidence of guilt or to impeach him if he takes the stand — does not exert a form of pressure that exonerates an otherwise unlawful lie”

How later courts described this case

  • reasoning that “[i]t is well established that the fact that a person’s silence can be used against him — either as substantive evidence of guilt or to impeach him if he takes the stand — does not exert a form of pressure that exonerates an otherwise unlawful lie”
  • holding that simple denial of guilt came within broad language of statute prohibiting making of false statement: “We cannot imagine how it could be true that falsely denying guilt in a government investigation does not pervert a governmental function”
  • holding that a federal statute imposing criminal liability for making false statements to investigators does not include an exception for a false statement consisting merely of a denial of wrongdoing
  • rejecting defendant’s “cruel trilemma” argument in another context and declining to ■write into the law a “species of compassion inflation”

Written by the judges who cited it.

The opinion

Justice Souter,

concurring in part and concurring in the judgment.

I join the opinion of the Court except for its response to petitioner’s argument premised on the potential for prosecutorial abuse of 18 U. S. C. § 1001 as now written {ante, at 405-406). On that point I have joined Justice Ginsburg’s opinion espousing congressional attention to the risks inherent in the statute’s current breadth.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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