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The video does not show U.S. Attorney General Merrick Garland facing a "lying charge."
Learn more about PolitiFact's fact-checking process and rating system.
A Facebook post accusing U.S. Attorney General Merrick Garland of facing a "lying charge" has its own credibility problems.
"Watch Garland CAN'T SAVE himself from 'lying' CHARGE after gives F.AKE number to Kennedy at hearing," read the caption of a Sept. 20 Facebook post.
This post was flagged as part of Meta’s efforts to combat false news and misinformation on its News Feed. (Read more about our partnership with Meta, which owns Facebook and Instagram.)
The video featured in the post is nearly two years old; it was clipped from an Oct. 27, 2021, Justice Department oversight hearing.
Section 1621 penalizes anyone who commits general perjury or anyone who "willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true." Section 1001 penalizes anyone who "knowingly and willfully" makes "materially false" statements to Congress, even if unsworn.
Garland, the nation’s top prosecutor, has not been charged with violating either statute, or any other crime.
He didn’t give a "fake number," either; Kennedy and Garland discussed a controversial memorandum Garland issued Oct. 4, 2021, to address "the rise in criminal conduct directed toward school personnel." Garland didn’t mention a number when Kennedy questioned him.
We rate the claim that a video showed Garland facing a "lying" charge Pants on Fire!
Facebook post, Sept. 20, 2023
C-SPAN, Department of Justice Oversight Hearing, Oct. 27, 2021
Cornell Law School Legal Information Institute, U.S. Code 1001
Cornell Law School Legal Information Institute, U.S Code 1621
CNBC, What happens if you lie to Congress, July 7, 2016
CNN, Lying to Congress can put you in jail, even if you’re not under oath, July 24, 2017
The Associated Press, Garland defends school board memo amid Republican criticism, Oct. 27, 2021
Office of the Attorney General, Memorandum for Director, Federal Bureau of Investigation Director, Executive Office for U.S. Attorneys Assistant Attorney General, Criminal Division United States Attorneys, Oct. 4, 2021
PolitiFact, Did Merrick Garland 'sic' police on parents at school board meetings?, May 23, 2022
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