On the recordJanuary 23, 1999
In 1995, I think, as we talked a little bit about, and the House managers had discussed, Aguilar came down. And in that case the issue was, Was there sufficient nexus between the actual conduct of the person involved and the proceeding? And in particular, I am just going to read to you for 1 minute from the case law. The Government argues that respondent ``understood that his false statements would be provided to the grand jury'' and that he made [these] statements . . . to thwart the grand jury investigation and not just the FBI investigation. . . . The Government supports its argument with . . . the transcript . . . They go through the discussion that was between the judge and the agent in which the judge specifically asked whether or not he was a target for the grand jury investigation, and the agent responded: There is a grand jury meeting. Convening I guess that's the correct word. . . . [E]vidence will be heard . . . I'm sure on this issue. So, in other words, the person making the statement knew at that point that there was potentially the possibility that his testimony would be presented to the grand jury, and the court ruled, as I talked to you a little bit about during my presentation before, that that was an insufficient nexus for there to prove a violation of 1503.
Source
govinfo.gov




