JAMES BROGAN, PETITIONER v. UNITED STATES

on writ of certiorari to the united states court of appeals for the second circuit

[January 26, 1998]

Justice Souter, concurring in part and concurring in the judgment.

I join the opinion of the Court except for its response to petitioner's argument premised on the potential for prosecutorial abuse of 18 U. S. C. §1001 as now written (ante, 7-8). On that point I have joined Justice Ginsburg’s opinion espousing congressional attention to the risks inherent in the statute's current breadth.