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
This is one of those things where vast throngs of low-info people about 5 years hence will realize "oh, the GOP turned into a mafia" but give no props to those of us pointing this out now.
SCOTUS securing the bag for themselves.
Other than impeachment, retirement, or dying off, I really don't know what you do about such a corrupt organization that decides what the law is.
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
That's not enough. The public official also has to be saying "I am accepting this bribe in exchange for performing official acts which I otherwise would not have performed."
I’m old enough to remember -Obama- calling this out in a SoTU address, which is what so deeply offended Alito because how dare he violate decorum like that by telling the truth.
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?
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.
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."
I can't wait for the inevitable crossover with qualified immunity, where a cop gets qi for taking a "gratuity" because the law is no longer clearly established.
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