Heenan: It’s Time to Prosecute Greg Gianforte for All of His Crimes
Nobody, Not Even the Wealthiest Member of Congress Greg Gianforte, Is Above the Law
In a letter to Gallatin Country Attorney Martin Lambert sent on Monday, November 17, 2017, John Heenan provided a detailed legal analysis and call to action for Mr. Lambert to prosecute Congressman Greg Gianforte for his newly revealed violations of the law.
The complete letter from Heenan to Mr. Lambert is available here: 11.27.2017 – Letter to Gallatin County Attorney – Heenan Gianforte Being Prosecuted for Lying to Law Enforemcent
“Mr. Gianforte’s separate conduct of lying to law enforcement in the course and scope of their investigation is a separate crime subject to separate charges and punishment,” Heenan wrote to Lambert.
“Specifically, MCA 45-7-202 makes it a crime for a person to falsely swear or affirm the truth of a statement made when the person does not believe the statement to be true. MCA 45-7-205 makes it a crime for a person to give false information to any law enforcement officer. And MCA 45-7-302 makes it a crime to obstruct, impair or hinder the enforcement of the criminal law. In State v. Maloney, 2003 MT 288, the Supreme Court affirmed the conviction of a person who lied to law enforcement when she stated that her car had been stolen when in fact it was repossessed. Thus, statutory and Montana Supreme Court authority supports charges against Mr. Gianforte for providing a false statement or statements to law enforcement in the course and scope of their investigation.”
“It concerns me that your office has known about Mr. Gianforte’s additional criminal conduct for several months, yet no charges have been brought as yet. Fortunately, the statute of limitations for a crime under MCA 45-7-202, 45-7-205 or 45-7-302 has not passed. See MCA 45-1-205. Thus, charges against Mr. Gianforte can still be prosecuted on or before May 23, 2018.”
“As a concerned citizen who believes that no one should be above the law, I would urge your office to bring charges for what appears to be a separate, clear violation of Montana criminal law. To the extent your office is unable or unwilling to do because of time, budgetary constraints or otherwise, I would urge you to retain a special prosecutor. In this regard, I am willing to do so on behalf of the Gallatin County Attorney on a pro bono basis, e.g., for free. As you may know, I have extensive trial experience and have specific experience prosecuting violations on behalf of the State. See, e.g., Comm’r of Political Practices v. Arthur “Art” Wittich.”
“Once again, Greg Gianforte is being allowed to operate by his own special rules of the privileged few. He assaults a reporter. He lies to the law enforcement officials. He refuses to take responsibility,” said Heenan. “If we did that we would be in jail; not in the U.S. Congress. I have spent my life and career standing up to bullies. Ultra-wealthy people with political connections like Greg Gianforte need to be held accountable to the same laws as the rest of us.”
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