• Few clouds
  • 46°
    Few clouds
http://sealaska.com
  • Comment

Outside editorial: Supreme Court just says no to bribery

Posted: June 17, 2012 - 12:08am

The following editorial appeared in the Los Angeles Times:

It’s usually difficult to prove beyond a reasonable doubt that a campaign contribution influenced a public official to take an official action. That’s why other ways to limit the influence of money in politics, such as disclosure rules and limits on contributions, are so important. But sometimes the link between cause and effect is so clear that a politician can be convicted of criminal bribery. The Supreme Court last week wisely refused to make such convictions harder to achieve.

The justices refused to hear the appeal of former Alabama Gov. Don Siegelman, who was convicted of reappointing a health-care executive named Richard Scrushy to a state hospital board as a reward for Scrushy’s $500,000 contribution to a campaign fund backing a statewide lottery to fund education.

Although Siegelman didn’t personally benefit from Scrushy’s largesse, the lottery was one of his political priorities and its approval by the voters would have burnished his reputation. For Scrushy, an appointment to the hospital board was important because that body was responsible for determining the number of health-care facilities in the state.

The Siegelman case attracted national attention partly because the former Democratic governor claimed that his prosecution by the Justice Department under President George W. Bush was politically motivated. (The Obama administration, however, defended the verdict.) But Siegelman’s conviction also was criticized for criminalizing business as usual in politics.

Prosecutorial overreach in white-collar and political corruption cases is a real concern, and the Supreme Court needs to be vigilant about checking excesses. It did that in 2010 when, in a case involving a former executive of Enron Corp., it narrowed the definition of a law making it a crime to “deprive another of the intangible right of honest services.” The justices ruled that the law could be used only against defendants who had taken part in bribes or kickbacks.

Siegelman’s bribery conviction didn’t require the same scrutiny. The cornerstone of his appeal was that the government didn’t prove that the governor made an “explicit promise” to reappoint Scrushy in exchange for a contribution. But the U.S. 11th Circuit Court of Appeals concluded convincingly that the jury could have inferred the existence of such an agreement from the testimony it heard, including that of a former Siegelman aide who discussed the matter with the governor.

Not every example of a politician deciding to pay off a campaign contributor will be provable in court. That is lamentably the case with the bipartisan presidential practice of rewarding campaign contributors with ambassadorships. But where the prosecution can amass enough evidence to convince a jury that an official action has been bought and paid for, the verdict should stand.

  • Comment

Comments (4)

Add comment
ADVISORY: Users are solely responsible for opinions they post here and for following agreed-upon rules of civility. Posts and comments do not reflect the views of this site. Posts and comments are automatically checked for inappropriate language, but readers might find some comments offensive or inaccurate. If you believe a comment violates our rules, click the "Flag as offensive" link below the comment.
Grendel
1118
Points
Grendel 06/17/12 - 09:52 am
1
3

nothing to spin

I know, what can you say when it's a former dem governor and it involves cronyism & the healthcare industry? And not word one about race! There's nothing to bite on here...Res ipsa loquitur

Latitude58
14399
Points
Latitude58 06/17/12 - 10:18 am
0
2

False statement

The opening line of this article: "It’s usually difficult to prove beyond a reasonable doubt that a campaign contribution influenced a public official to take an official action."

Hogwash. Just look at the evidence. There's clear evidence of 'cause and effect' between campaign donations and votes.

We need to scrap our entire campaign finance system (including the Citizens United program) or our republic will continue to go down the toilet. People are wondering why our government is failing us now - in 30 years hindsight will be 20/20.

Unfortunately, the entrenched special interests will ensure that no substantive changes take place until it's too late.

hellojuneau1
196
Points
hellojuneau1 06/17/12 - 05:59 pm
2
0

We all represent special interests

I have mine and you have yours. Just saying...

skirkz
6684
Points
skirkz 06/17/12 - 07:25 pm
0
1

Broad latitude.

"But the U.S. 11th Circuit Court of Appeals concluded convincingly that the jury could have inferred the existence of such an agreement from the testimony it heard, including that of a former Siegelman aide who discussed the matter with the governor."
Rulings like this could precedent broader latitude for juries... And lynch mobs.

Back to Top

Spotted

Please Note: You may have disabled JavaScript and/or CSS. Although this news content will be accessible, certain functionality is unavailable.

Skip to News

« back

next »

  • title http://spotted.juneauempire.com/galleries/359852/ http://spotted.juneauempire.com/galleries/376858/ http://spotted.juneauempire.com/galleries/376853/
  • title http://spotted.juneauempire.com/galleries/376843/ http://spotted.juneauempire.com/galleries/368637/ http://spotted.juneauempire.com/galleries/376838/
  • title http://spotted.juneauempire.com/galleries/376833/ http://spotted.juneauempire.com/galleries/376823/
Juneau Birds

CONTACT US

  • Switchboard: 907-586-3740
  • Circulation and Delivery: 907-586-3740
  • Newsroom Fax: 907-586-3028
  • Business Fax: 907-586-9097
  • Accounts Receivable: 907-523-2270
  • View the Staff Directory
  • or Send feedback

ADVERTISING

SUBSCRIBER SERVICES

SOCIAL NETWORKING