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really feel like Alito & Thomas shoulda recused on this one
The final SCOTUS decision today is Snyder v. US. Kavanaugh has the court's 6-3 decision on ideological grounds, holding that the Section 666 bribery statute does not apply to "gratuities" given for public officials' *past* acts. Jackson writes the liberals' dissent.
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They use the word "commonplace gratuities" in the opinion and I'm so baffled. It's not commonplace at all to give a gratuity to a GOVERNMENT OFFICIAL who used THE POWER OF THE GOVERNMENT to enrich you. Or at least, it wasn't until now.
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like "commonplace gratuity" here means "literally walking into the dealership you got a cool million and saying 'I need money' and then they give it to you." The fuck!
I think it’s important for everyone interested in this case to read how the payment came to be
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"As long as you don't ask them for money BEFORE and just shake them down AFTER it's all good"
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So let's talk about the text of the statute and this situation. I'm gonna take the irrelevant parts out & break this statutory text up into parts so you can see each of the elements of the offense.
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* Whoever ... being an agent of a ... local ... government ... * corruptly demands ... anything of value * intending to be influenced or rewarded in connection with any business ... of such ... government * involving any thing of value of $5000 or more shall be [punished]
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So let's look at the items here. * agent of government: check * corruptly demands $15K : check * thing > $5000 or more : check
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So the question, then, as a strict statutory interpretation, is, did this dude intend to be rewarded in connection with government business that he controlled?
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Wait, so the logic is "its not a bribe if they do the thing you're bribing them to do before you pay them"? WOW.
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Would like to discuss with *my* employer paying me in advance for my work, because currently my paycheck comes about a week after the pay period ends--
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The gratuity will now be as expected in government as it is at a restaurant.
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I would love to have $13,000 for doing nothing (which is what they're saying happened) just handed to me by walking into a dealership and asking for it
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I'm sure the Supes assume that everyone outside them in government is paid below minimum wage so they need to work for tips
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The commonplace word for this is 'kickbacks' in fact
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I used to work for a government contractor. Accepting a cuppf coffee was problematic. Not talking Starbucks, but the coffee maker in a customer's office. But hey, if someone is making the laws, then bring on the gifts!
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....whaaaaat? When the government comes to audit the company I work for, we can't even comp their parking because ethics!
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The term "commonplace gratuities" implies the existence of "extraordinary gratuities", and I would like to hear more about those, perhaps with a list of names and amounts.
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Yes, we're just "tipping" the elected politician who made us millions of dollars. No different than when you tear a fifty in half and tell the waiter he can earn the other half by being really obsequious.
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Or, at least, it’s how the court would like to function in the future
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Even if it is I'd like to cite the case of Popular v. Right please.
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Maybe they mean back when the government officials were waiters in college.
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Look, I'm not going to bribe you, okay? That would be illegal. If, however, you *just so happen* to do the thing my lobby is asking for, then, after the fact, I will be very grateful and will send you a gratuity. Which is perfectly legal and in no way a bribe.