samedi 30 avril 2016

Are laws against corruption unconstitutional?

Apparently the Supreme Court is considering an appeal by former Virginia governor Bob McDonnell who was convicted for corruption. If he wins his appeal, it could mean that essentially bribery of public officials would be protected by the constitution.

There’s No Such Thing as a Free Rolex

Quote:

THIS week, the Supreme Court heard McDonnell v. United States, the case of Bob McDonnell, the former governor of Virginia who is appealing his 2014 conviction for public corruption. Although the court’s ruling is not expected until June, in Wednesday’s hearing several justices seemed set on undermining a central, longstanding federal bribery principle: that officials should not accept cash or gifts in exchange for giving special treatment to a constituent.

Justice Stephen G. Breyer dismissed the idea that, in the absence of a strong limiting principle, federal law could criminalize a governor who accepted a private constituent’s payment in exchange for intervening with a constituent problem. Justice Samuel A. Alito Jr. expressed disbelief that an official requesting agency action on behalf of a big donor would be a problem. A majority seemed ready to defend pay-to-play as a fundamental feature of our constitutional system of government.

In September 2014, after a six-week trial, a federal jury convicted Mr. McDonnell and his wife, Maureen, on multiple counts of extortion under the Hobbs Act, a key statute against political corruption, and honest-services fraud. It was not a complicated case. Jonnie R. Williams Sr., the chief executive of a dietary supplement manufacturer, Star Scientific, had showered the governor and first lady with gifts in return for favors.

We’re not talking about a few ham sandwiches. The McDonnells took expensive vacations, a Rolex, a $20,000 shopping spree, $15,000 in catering expenses for a daughter’s wedding and tens of thousands of dollars in private loans. In exchange, the governor eagerly promoted Mr. Williams’s product, a supplement called Anatabloc: hosting an event at the governor’s mansion, passing out samples and encouraging universities to do research.
Hopefully the author is reading too much into the questions asked by the justices at oral arguments. I would be shocked if this appeal isn't slapped down.

Quote:

The former governor has claimed on appeal that he had a First Amendment right to accept these gifts. He also disputed that holding meetings, hosting events at the governor’s mansion and recommending research were “official acts.” There were quids, he argued, but no quos.

And the justices seem poised to agree. Their main worry appeared to be that Mr. McDonnell’s prosecution had criminalized what they perceived as normal, day-to-day political behavior — seemingly more concerned for the chilling effect of federal bribery law on an elected official who accepts a Rolex than for the citizens who are hurt by such self-serving behavior.


via International Skeptics Forum http://ift.tt/1O2ZS9M

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