Cite as: 522 U. S. 262 (1998)
Syllabus
"meaningful opportunity to be heard" includes a right to make false statements with respect to the charged conduct. It is well established that a criminal defendant's right to testify does not include the right to commit perjury, e. g., Nix v. Whiteside, 475 U. S. 157, 173, and that punishment may constitutionally be imposed, e. g., United States v. Wong, 431 U. S. 174, 178, or enhanced, e. g., United States v. Dunnigan, 507 U. S. 87, 97, because of perjury or the filing of a false affidavit required by statute, e. g., Dennis v. United States, 384 U. S. 855. The fact that respondents were not under oath is irrelevant, since they were not charged with perjury, but with making false statements during an agency investigation, a charge that does not require sworn statements. Moreover, any claim that employees not allowed to make false statements might be coerced into admitting misconduct, whether they believe that they are guilty or not, in order to avoid the more severe penalty of removal for falsification is entirely frivolous. United States v. Grayson, 438 U. S. 41, 55. If answering an agency's investigatory question could expose an employee to a criminal prosecution, he may exercise his Fifth Amendment right to remain silent. See, e. g., Hale v. Henkel, 201 U. S. 43, 67. An agency, in ascertaining the truth or falsity of the charge, might take that failure to respond into consideration, see Baxter v. Palmigiano, 425 U. S. 308, 318, but there is nothing inherently irrational about such an investigative posture, see Konigsberg v. State Bar of Cal., 366 U. S. 36. Pp. 265-268.
89 F. 3d 1575 (first judgment), and 92 F. 3d 1208 (second judgment), reversed.
Rehnquist, C. J., delivered the opinion for a unanimous Court.
Solicitor General Waxman argued the cause for petitioner. With him on the briefs were Acting Solicitor General Dellinger, Assistant Attorney General Hunger, Roy W. McLeese III, David M. Cohen, Todd M. Hughes, Lorraine Lewis, Steven E. Abow, and Joseph E. McCann.
Paul E. Marth argued the cause and filed a brief for respondent Erickson. John R. Koch filed a brief for respondent Walsh. Neil C. Bonney filed a brief for respondent Kye.†
†Jody M. Litchford, James P. Manak, and Wayne W. Schmidt filed a brief for the International Association of Chiefs of Police, Inc., as amicus curiae urging reversal.
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