Tuesday, November 21, 2017

Are the Congressional Sexual Harassment Payments Legal?

As a follow up to this post, Here We Go: Ranking Democrat on the Powerful House Judiciary Committee: Unwanted Sexual Advances, and this one HOT Reporter Calls for Paul Ryan to Release All Congressional Harassment Settlement Records,  Second Amendment lawyer and author of Progressivism: A Primer on the Idea Destroying America, comments:

The code Ostrowski links to reads:
 Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof; or
Whoever receives, conceals, or retains the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted—Shall be fined under this title or imprisoned not more than ten years, or both; but if the value of such property in the aggregate, combining amounts from all the counts for which the defendant is convicted in a single case, does not exceed the sum of $1,000, he shall be fined under this title or imprisoned not more than one year, or both.
The word “value” means face, par, or market value, or cost price, either wholesale or retail, whichever is greater.
(June 25, 1948, ch. 645, 62 Stat. 725Pub. L. 103–322, title XXXIII, § 330016(1)(H), (L), Sept. 13, 1994108 Stat. 2147Pub. L. 104–294, title VI, § 606(a), Oct. 11, 1996110 Stat. 3511Pub. L. 108–275, § 4, July 15, 2004118 Stat. 833.)
It appears some congressmen may be facing prison time.



  1. As far-fetched as that outcome seems -- do Congressmen ever go to jail for wrongdoing (hello Ted Kennedy)? -- I'm not in favor of prison time, since it would just increase the theft from taxpayers. Not only would we be forced to pay for their replacements in Congress, we'd also have to pay for their prison stays. If they indeed used taxpayers' money to make these payments, it would be preferable to seize their personal assets and dividend them out to taxpayers (restitution), and then send the Congressmen off to sit in a room listening to SJWs for a year (retribution).

    1. According to you, the US Govt stole the money or counterfeited the money in the first place. Therefore none of the "payments" made were "of the Govt" to begin with.

      Ergo, the cited law has not been broken.

      Right, NAPpy?

    2. It depends on what standard is used when adjudicating this matter. You can't mix and match.

      If these people will be adjudicated by the state's courts according to the state's own rules, then, if the allegations are true, the payments were indeed made with money "of the United States." The state doesn't recognize the NAP.

      However, if these people were to be adjudicated according to the NAP, then they are thieves for taking taxpayers' money in the first place, regardless of how they used it.

      Either way, they're in the wrong.

  2. I've done no research on the topic but why wouldn't that law apply to Fed bailouts? Congress never appropriated any money for them. Why wouldn't it apply to everything the Fed does?

  3. Included in the code the phrase "without authority", I would think would put all the legal burden on those that authorized the hush money. This brings up the question, who authorized these transactions? I would think this was done with the knowledge and authority of a group or groups for each sociopaths transgression(s).

  4. From this text it seems whoever is the recipient of it is liable as well.