Hubbard v. United States, 514 U.S. 695, 6 (1995)

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700

HUBBARD v. UNITED STATES

Opinion of the Court

As an initial matter, therefore, one might be tempted to conclude that § 1001 does not apply to falsehoods made during federal-court proceedings. This commonsense reading is bolstered by the statutory definitions of "department" and "agency" set forth at 18 U. S. C. § 6. First adopted in 1948, and applicable to all of Title 18, the definitions create a presumption in favor of the ordinary meaning of the terms at issue:

"The term 'department' means one of the executive departments enumerated in section 1 [now § 101] of Title 5, unless the context shows that such term was intended to describe the executive, legislative, or judicial branches of the government.

"The term 'agency' includes any department, independent establishment, commission, administration, authority, board or bureau of the United States or any corporation in which the United States has a proprietary interest, unless the context shows that such term was intended to be used in a more limited sense."

Under § 6, it seems incontrovertible that "agency" does not refer to a court.3 "Department," on the other hand, might be interpreted under § 6 to describe the Judicial Branch, but only if the "context" of § 1001 "shows" that Congress intended the word to be used in the unusual sense employed in Mississippi v. Johnson. We believe that § 6 permits such an interpretation only if the context in § 1001 is fairly powerful. "Shows" is a strong word; among its definitions is "[t]o make apparent or clear by evidence, testimony or reasoning; to prove; demonstrate." Webster's New International Dictionary 2324 (2d ed. 1949). Cf. Rowland v. California Men's Colony, Unit II Men's Advisory Council, 506 U.¥S. 194, 200-201 (1993) (discussing similar provision

3 We express no opinion as to whether any other entity within the Judicial Branch might be an "agency" within the meaning of § 6.

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