October Term 2007 · Docket 07-455
Does lying about explosives require a direct link to the crime?
The government argues a false statement about explosives fits the statute. The defendant argues the law requires a specific connection to the crime.
Verified source milestones
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
General Mukasey argued the lower court added an element. He said the statute does not require a direct link. He claimed the word during is purely temporal.
Mr. Hillier argued the lower court acted correctly. He said the lie must relate to the crime. He claimed the government tried to charge a sure thing.
Justice Breyer asked if a foreseeable relationship is enough. He suggested the explosives made the lie necessary. He tested the boundary of the legal requirement.
Justice Ginsburg asked why prosecutors chose this specific charge. She questioned the logical link to the false statement. She explored the prosecutor's strategic decision.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 10, lines 39-43 — Transcript, file page 10, lines 39-43
- Official Supreme Court Transcript — file page 10, lines 5-15 — Transcript, file page 10, lines 5-15
- Official Supreme Court Transcript — file page 11, lines 13-23 — Transcript, file page 11, lines 13-23
- Official Supreme Court Transcript — file page 11, lines 31-39 — Transcript, file page 11, lines 31-39
- Official Supreme Court Transcript — file page 16, lines 17-33 — Transcript, file page 16, lines 17-33
- Official Supreme Court Transcript — file page 3, lines 17-13 — Transcript, file page 3, lines 17-13
- Official Supreme Court Transcript — file page 3, lines 7-15 — Transcript, file page 3, lines 7-15
- Official Supreme Court Transcript — file page 4, lines 15-21 — Transcript, file page 4, lines 15-21
- Official Supreme Court Transcript — file page 4, lines 25-33 — Transcript, file page 4, lines 25-33
- Official Supreme Court Transcript — file page 4, lines 47-3 — Transcript, file page 4, lines 47-3
- Official Supreme Court Transcript — file page 5, lines 15-39 — Transcript, file page 5, lines 15-39
- Official Supreme Court Transcript — file page 6, lines 25-35 — Transcript, file page 6, lines 25-35
- Official Supreme Court Transcript — file page 7, lines 25-5 — Transcript, file page 7, lines 25-5
- Official Supreme Court Transcript — file page 8, lines 41-15 — Transcript, file page 8, lines 41-15
- Official Supreme Court Transcript — file page 9, lines 25-41 — Transcript, file page 9, lines 25-41
A citizen's guide to the whole case
What this case is about
This case tests the meaning of a federal law. The law adds prison time for lying about explosives. The dispute centers on the word during. The government says this word marks time. The defendant says it marks a relationship. The lower court sided with the defendant. The government seeks to remove that requirement.
Official sources for this section
- Official Supreme Court Transcript — file page 16, lines 17-33 — Transcript, file page 16, lines 17-33
- Official Supreme Court Transcript — file page 3, lines 17-13 — Transcript, file page 3, lines 17-13
How the case got here
The Supreme Court heard oral argument in this case on March 25, 2008.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 7-15 — Transcript, file page 3, lines 7-15
What each side wants
The government wants the lower court to drop the extra requirement. It wants the conviction to stand as originally found.
The defendant wants the lower court to keep the extra requirement. It wants the conviction to fail because of that gap.
Official sources for this section
- Official Supreme Court Transcript — file page 16, lines 17-33 — Transcript, file page 16, lines 17-33
- Official Supreme Court Transcript — file page 3, lines 17-13 — Transcript, file page 3, lines 17-13
What each side says
The government argues the statute only needs a time connection. It claims the lower court added words not in the law.
The defendant argues the statute needs a direct relationship. It claims the lie must relate to the specific crime.
Official sources for this section
- Official Supreme Court Transcript — file page 16, lines 17-33 — Transcript, file page 16, lines 17-33
- Official Supreme Court Transcript — file page 3, lines 17-13 — Transcript, file page 3, lines 17-13
What the justices asked
Justice Scalia asked if Congress could add time for wearing a watch during a crime.
Chief Justice Roberts asked if the word during only refers to time in the statute text.
Official sources for this section
- Official Supreme Court Transcript — file page 10, lines 39-43 — Transcript, file page 10, lines 39-43
- Official Supreme Court Transcript — file page 10, lines 5-15 — Transcript, file page 10, lines 5-15
- Official Supreme Court Transcript — file page 11, lines 13-23 — Transcript, file page 11, lines 13-23
- Official Supreme Court Transcript — file page 11, lines 31-39 — Transcript, file page 11, lines 31-39
- Official Supreme Court Transcript — file page 4, lines 15-21 — Transcript, file page 4, lines 15-21
- Official Supreme Court Transcript — file page 4, lines 25-33 — Transcript, file page 4, lines 25-33
- Official Supreme Court Transcript — file page 4, lines 47-3 — Transcript, file page 4, lines 47-3
- Official Supreme Court Transcript — file page 5, lines 15-39 — Transcript, file page 5, lines 15-39
- Official Supreme Court Transcript — file page 6, lines 25-35 — Transcript, file page 6, lines 25-35
- Official Supreme Court Transcript — file page 7, lines 25-5 — Transcript, file page 7, lines 25-5
- Official Supreme Court Transcript — file page 8, lines 41-15 — Transcript, file page 8, lines 41-15
- Official Supreme Court Transcript — file page 9, lines 25-41 — Transcript, file page 9, lines 25-41
Why it matters
This case defines how courts read federal sentencing laws. It clarifies when a false statement triggers extra prison time. It sets a standard for linking lies to specific criminal acts. It affects how prosecutors build cases involving explosives. It shapes the balance between statutory text and judicial interpretation.
Official sources for this section
- Official Supreme Court Transcript — file page 16, lines 17-33 — Transcript, file page 16, lines 17-33
- Official Supreme Court Transcript — file page 3, lines 17-13 — Transcript, file page 3, lines 17-13
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 10, lines 39-43 — Transcript, file page 10, lines 39-43
- Official Supreme Court Transcript — file page 10, lines 5-15 — Transcript, file page 10, lines 5-15
- Official Supreme Court Transcript — file page 11, lines 13-23 — Transcript, file page 11, lines 13-23
- Official Supreme Court Transcript — file page 11, lines 31-39 — Transcript, file page 11, lines 31-39
- Official Supreme Court Transcript — file page 3, lines 7-15 — Transcript, file page 3, lines 7-15
- Official Supreme Court Transcript — file page 4, lines 15-21 — Transcript, file page 4, lines 15-21
- Official Supreme Court Transcript — file page 4, lines 25-33 — Transcript, file page 4, lines 25-33
- Official Supreme Court Transcript — file page 4, lines 47-3 — Transcript, file page 4, lines 47-3
- Official Supreme Court Transcript — file page 5, lines 15-39 — Transcript, file page 5, lines 15-39
- Official Supreme Court Transcript — file page 6, lines 25-35 — Transcript, file page 6, lines 25-35
- Official Supreme Court Transcript — file page 7, lines 25-5 — Transcript, file page 7, lines 25-5
- Official Supreme Court Transcript — file page 8, lines 41-15 — Transcript, file page 8, lines 41-15
- Official Supreme Court Transcript — file page 9, lines 25-41 — Transcript, file page 9, lines 25-41
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 16, lines 17-33 — Transcript, file page 16, lines 17-33
- Official Supreme Court Transcript — file page 3, lines 17-13 — Transcript, file page 3, lines 17-13
- Official Supreme Court Transcript — file page 16, lines 17-33 — Transcript, file page 16, lines 17-33
- Official Supreme Court Transcript — file page 3, lines 17-13 — Transcript, file page 3, lines 17-13
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.