The United States House of Representatives Select Committee

on Assassinations having made written application, pursuant to Title 18, United States Code, Sections 6002 and 6005, for an order conferring immunity upon John Larry Ray and compelling him

to testify and provide other information before the Subcommittee on the assassination of Dr. Martin Luther King, Jr.

of the Select

Committee on Assassinations or the full Select Committee, and the court finding that all procedures specified by 8 6005 have been duly followed, it is hereby, this/3

ORDERED, that John Larry Ray

day of Novembe, 1978,

in accordance

with the provisions of Title 18, United States Code, Sections 6002 and 6005, shall not be excused from testifying or providing other information before the Subcommittee on the Assassination of

Dr. Martin Luther King, Jr. of the Select Committee on Assassinations

or the full Select Committee on the grounds that the testimony or other information sought may tend to incriminate him.

ORDERED FURTHER, that John Larry Ray

appear

when subpoenaed by said Subcommittee or Committee and testify and provide such other information that is sought with respect to matters under inquiry by said Subcommittee or Committee.

AND IT IS FURTHER ORDERED that no testimony or other information compelled under this order (or any information directly or indirectly derived from such testimony or other information) may be used against John Larry Ray in any criminal case, except a

prosecution for perjury, giving a false statement or otherwise failing to comply with this ORDER.

Dated:

13.

NOV-1978

Адрал Путов

Alle B Bryant

United States District Judge

MEMORANDUM

TO: Staff Attorneys

FROM: G. Robert Blakey

DATE:

RE: Statutes and Analysis Relevant to
Perjury, False Swearing and Subornation

Introduction

There are two false statement statutes relevant

to Congressional hearings. Section 1621 is the general
1
perjury statute which essentially follows the common law
and the false declarations statute, section 1623, which was
2
passed as part of the Organized Crime Control Act of 1970.
There are several important and complementary distinctions
between the two. In addition, both statutes are supplemented
by Section 1622 which defines the crime of subornation
3

of perjury.

For conviction, the general perjury statute

requires an oath, a statement, intent, falsity, and materiality. The oath and the element of "materiality" of the false

statement to the proceeding in which the statement is

made, is paralleled in the false declarations statute. Under Section 1621 of the general perjury statute, falsity is traditionally the most difficult element for prosecution. The "two witness" rule and its corollary rule of "direct evidence" require that the falsity of the statement be proved by the testimony of at least two witnesses, or the testimony of a single witness corroborated by independent evidence, or strong direct evidence. By contrast, the false declarations statute explicitly makes these rules inapplicable to prosecutions under section 1623. Section 1623 allows punishment for two irreconcilably inconsistent statements without requiring proof of the falsity of either statement. On the other hand, recantation of the false testimony bars prosecution under Section 1623 if made before the testimony significantly affects the hearing and before the falsity of the testimony becomes obvious.

Recantation

does not affect the offense of perjury under Section 1621 of the general perjury statute except as it may affect the issue of "willfulness." As to intent, it is usually easier to satisfy the "knowledge" standard in Section 1623 than the "wilfulness" standard of Section 1621.