Peter: the Supreme Court’s jurisprudence on corruption is basically at a point where the only thing that counts as a bribe is someone handing a public official a giant bag of money with a dollar sign on it while saying “this is a bribe” out loud

the Supreme Court’s jurisprudence on corruption is basically at a point where the only thing that counts as a bribe is someone handing a public official a giant bag of money with a dollar sign on it while saying “this is a bribe” out loud

it’s not just that, e.g., Clarence Thomas loves to be bribed. the conservatives really believe that spoils rightfully accrue to the powerful, and that exchanges of money and power are a natural and just part of politics

“Bribery is protected political speech under the first amendment” — Clarence Thomas, writing from his patron’s yacht

"Also it doesn't count as assault if she has great gams"

Thomas thinks hanging out with the billionaires who bribe him makes him seem like one of them, but it’s clearly just the opposite. The optics are so awful, and so obvious, it’s amazing how someone could be so lacking in self-awareness.

It's a form of free speech that was supposed to be a private conversation and they don't remember inviting us to gawk and criticize.

The fascist political project--and I guess that's now mainstream US Republicanism--is to make a mockery of the rule of law, of the very idea of rational policies practiced fairly for the common good. Getting the Supreme Court to destroy the rule of law, though, is just A+ comic book supervillainy

Unless the money is coming from George Soros.

In other words, they’re corrupt.

For some, it's a feature not a bug.

They truly believe that the government mandating that anyone receive less money than someone is willing to give them is a moral atrocity. All the more so for something as nebulous as “the public good”

"Democrats are maybe-probably doing it, so why would we be prosecuted"

The real meat of the issue, imo

Nah, they have to specify exactly what acts they're buying with a bribe. Otherwise it could be a harmless metaphor or bit of japery

my post was genuinely hampered by the character limit because the list of things you’d need to satisfy them that something is a bribe is too long

fair

How can we tell it’s a bribe if the guy isnt dressed like a beagle boy from ducktales?

And if they are official acts that then it doesn’t count because you can’t be held criminally liable for those.

"Federal law, as written, prohibits a 'bribe.' This case presents, by contrast, an 'inducement of value intended to persuade a public official to exercise their discretion in a particular way.' Our nation's history and tradition of anti-corrption legislation makes the distinction clear, as we shall"

Please, Peter, handing your friend a giant bag of money with a dollar sign on it while saying "this is a bribe" is a completely normal thing friends do for each other. We shouldn't assume corrupt intent just because of the facts, the context, and the corrupt intent

Still legal as long as you give them the bag _after_ the papers are signed

Quid quo pro 👎 Pro quo quid 👍

This is true.

Obviously, the person receiving the bag of money with a dollar sign on it would have to say "I am accepting this corruptly, understanding that it is a bribe which will influence my official decisionmaking" or how can we possibly be sure there was the necessary mens rea?

Criminalizing this is a free speech violation imo.

Bribe? Clearly it was "To blave".

So, what Rod Blagojevich did, is what you're saying.

The constitution says I can petition my government for a redress of my grievances. I just do that by handing them cash!

This is what libertarians unironically believe. That's why they cosigned "money is speech." The people with the most money deserve the most rights.

IMO Buckley v. Valeo needs to be overturned

Peter, I'm afraid you're missing a couple of key components of the test. The briber has to say something like: "Here is a bag of money IN ADVANCE in payment for this exact thing I would like you to do in your capacity as a public official, and I am saying this for the public record."

And then of course the bribed has to say "I am taking these actions on account of this bag of money as agreed, instead of as an unrelated coincidence."

"This is entirely on the record. I am doing crime right now."

Only if it's being done at the exact moment of voting.

well “this” could refer to anything really

*Before* the action. *After* the action it is simply a tip.

Actually I believe they have held that saying “this is a bribe” out loud is fine as long as it isn’t written down anywhere.

Smiles [in bob menendez]

Remembering when I lost sleep over accepting $4 worth of tacos from a county official...

It's normally not a bribe when the government official is the one paying you instead of you paying them. (When we had government customers at $DAYJOB, we had to keep track of whether it was an agency we could give coffee and donuts, or just coffee, or lunch.)

Unfortunately the county was asking the state (me) for funds I had influence in distributing. Not allowed to accept lunch! I did it anyway! The tacos were so good!!

and even then

Not so! "This is a bribe" is protected speech.

why do you hate free speech? money is speech, money is the best speech that’s why we say “money talks”

As a former state whistleblower attny (AAG), this has been a frustrating & destructive trend-those laws are passed to reduce opportunities to influence public officials-by the public harmed by decisions not based on the merits

it’s all very Bizarro World not only do I think these justices think money is the best speech, I think they think it’s the only speech actual speech by individuals? no First Amendment protections bribes? god forbid you regulate them in any way, First Amendment

I agree, but its such an odd idea

And only if they do it BEFORE the public official acts.

While twirling their mustache and chuckling menacingly

Doesn't this ruling actually say it is not enough, because didn't this happen in the McDonnell case? Unless you mean the dollar sign is a critical element of the crime.

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