December 3, 2009 2:11PM 

# Lying and the Federal Government 

By [David Boaz](https://www.cato.org/people/david-boaz) 

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Speaking of White House gate-crashers Tareq and Michaele Salahi (as we were trying to think of an excuse to do, to increase blog traffic), [*Slate* says](http://www.slate.com/id/2237098/) they might be guilty of a federal crime. What crime? Well, possibly trespassing on federal property. Or maybe the “broad prohibition on lying to the federal government.” Title 18, section 1001 of the U.S. Code

> can be used to prosecute anyone who “[knowingly and willfully … falsifies, conceals, or covers up by any trick, scheme, or device a material fact](http://www.law.cornell.edu/uscode/18/usc_sec_18_00001001----000-.html)” or “makes any materially false, fictitious, or fraudulent statement or representation” to the government. That could include lying about your arrest record on a government job application, claiming a fake deduction on your taxes, or telling someone you’re on the White House invite list when you’re not.

I can’t help wondering, is there any equally broad prohibition on lying *by* the federal government? If the federal government, or a federal agency, or a federal official “knowingly and willfully … falsifies, conceals, or covers up” information or “makes any materially false, fictitious, or fraudulent statement or representation” — about the costs of a new entitlement, or how a candidate for reelection will act in his next term, or case for going to war — is that prohibited? Or are the rules tougher on the ruled than the rulers?

##### Related Tags 

[General](https://www.cato.org/general), [Constitutional Law](https://www.cato.org/constitutional-law), [Robert A. Levy Center for Constitutional Studies](https://www.cato.org/robert-levy-center-constitutional-studies) 

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