There is a federal law that makes it a crime to lie to Congress. It carries up to five years in prison. It applies whether you are under oath or not. On paper, it is one of the stronger tools available to hold powerful people accountable to the public.

In practice, it is almost never used.

Since 2000, a small handful of people have faced actual prosecution — among them Michael Cohen, Roger Stone, Scooter Libby, W. Samuel Patten, and Roger Clemens. Stone and Libby were later pardoned. Clemens was acquitted. Cohen pleaded guilty and served time.

Now, in 2025, former FBI Director James Comey has been indicted — five years after the testimony in question, at a moment that happens to be politically convenient for the current administration. That timeline tells you everything.

Roger Stone was convicted in 2019 of lying to Congress. He was pardoned by the president he had protected. Scooter Libby was convicted in 2007 of perjury. He was pardoned a decade later. James Comey is being prosecuted in 2025 for testimony he gave in 2020 — under an administration that views him as an enemy.

Selective prosecution is not a new complaint in American legal discourse, but it is rarely this visible. When the timing of indictments tracks this closely with the political interests of whoever controls the Justice Department, the credibility of the statute itself erodes.

A democracy that cannot hold its officials accountable for lying to its legislature is not functioning as designed. The law exists. What is missing is the consistent, nonpartisan will to use it — and until that changes, the oath before Congress will remain exactly what it appears to be: a formality.