June 26th, 2024

Supreme Court strikes anti-corruption law that bars officials from taking gifts

The U.S. Supreme Court overturned part of an anti-corruption law, distinguishing between bribery and gratuities. The ruling impacts state and local officials and reflects a trend of narrowing public corruption laws.

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Supreme Court strikes anti-corruption law that bars officials from taking gifts

The U.S. Supreme Court has ruled to strike down part of a federal anti-corruption law that prohibited state and local officials from accepting gifts valued over $5,000 from donors who had previously benefited from their actions. The 6-3 decision overturned the conviction of a former Indiana mayor who received a $13,000 payment from a local dealership after helping them secure city contracts. The court differentiated between bribery, requiring proof of an illegal deal, and gratuities, which could be gifts for past favors without an illicit agreement. Justices in the majority emphasized that the law in question pertains to bribery, leaving regulation of gratuities to state and local governments. The dissenting justices expressed concerns about officials using their positions for personal gain. This ruling could impact around 20 million state and local officials covered by the anti-corruption law. The decision is part of a trend where the Supreme Court has narrowed the scope of public corruption laws in recent years, often through unanimous rulings, by concluding that certain prosecutions exceeded legal boundaries.

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Link Icon 20 comments
By @dmorgan81 - 5 months
This ruling just shifts when a bribe occurs. If I had the money and wanted to affect gov't policy I'd start by "gifting" gratuities to all sorts of politicians "for your past service." Most importantly, I'd spread that information far and wide.

Once it's well known that I like giving politicians gratuities and that I always give gratuities, all it takes is a conversation and the ball is rolling. I never have to say any of the words or phrases during that conversation that magically turn things into a bribe; it's understood that once the deed is done the money will be on the way.

This ruling shreds the concept that even the appearance of impropriety is bad.

By @wnevets - 5 months
> Supreme Court Justice Clarence Thomas accepted gifts worth millions of dollars over 20 years [1]

[1] https://www.cnbc.com/2024/06/06/supreme-court-justices-milli...

By @kristjansson - 5 months
Supreme Court finds that (a) bribes and gratuities are a different crimes under federal law and (b) the specific _federal_ law that prohibits _state_ officials from accepting bribes cannot be construed to also prohibit _state_ officials from accepting gratuities. Federal officials are still barred from both, there's nothing unconstitutional about federal law barring state officials from accepting gratuities, but federal law as written currently does not.

> Although a gratuity or reward offered and accepted by a state or local official after the official act may be unethical or illegal under other federal, state, or local laws, the gratuity does not violate §666

An artifact failing to correctly implement intended requirements should be familiar around here :)

By @OutOfHere - 5 months
People don't realize what a big deal this is. It's a strong form of legalized bribery. It's game over for the USA. In other corrupt countries, no work gets done by government workers until gratuities are paid at every step. It becomes a dog-eat-dog trustless existence where anything goes. Imagine buildings and bridges keep crashing because they were made poorly, nothing is functional, and it gets only worse from there.
By @darth_avocado - 5 months
> In ruling for the former mayor, the justices drew a distinction between bribery, which requires proof of an illegal deal, and a gratuity that can be a gift or a reward for a past favor

I see no difference

By @JanSolo - 5 months
Oh dear, USA; you have a real problem with your Supreme Court enacting precedents for things that are clearly not in the interest of a succesful USA.

The Supreme Court is supposed to be the last-resort, the fail-safe, the watcher of the US legal system. But somehow it has become infected with partisan BS and now we have to wonder Who watches the watchers? How do we get out of this mess?

By @0cf8612b2e1e - 5 months
I guess as long as the money does not come in a sack labeled, “Bribe” you are in the clear.
By @lenerdenator - 5 months
I can absolutely see why conservative justices would like the idea of handing off this matter to the states and cities. They like the idea of being a big fish in a small pond without the great white of the DoJ lurking to bust them for outright corruption.
By @SJMG - 5 months
This feels shamefully on the nose. Could be worth reading the opinions.

https://www.supremecourt.gov/opinions/23pdf/23-108_8n5a.pdf

By @briankelly - 5 months
Tipping culture is getting out of hand.
By @fzeroracer - 5 months
Ah, so bribery is OK as long as you simply imply you will receive gratuity if you scratch my back (and then receive it afterwards), rather than receiving gratuity upfront in exchange for doing something.

An astoundingly stupid ruling, but one that makes sense when you look at some of the 'gratuity' the current justices have received.

By @the-alchemist - 5 months
It wasn't even 5-4, it was 6-3.

The basic idea, AFAICT, is that _federal_ law should not punish _state_ crimes under this specific section of the law (§666). As noted elsewhere, there might be other laws on the books for bribes, but §666 doesn't apply here.

The distinction between "gratuities"/ "gifts" and "bribes" is artificial to me, as a normal person, but I understand that the law makes a distinction.

I'm sympathetic to the federalism argument (every state should have anti-bribery laws so that _states_ themselves can take them to court instead of waiting for the feds!).

But I don't understand why someone would explicitly write a law that tries to draw a fat line between bribes and gifts. Is that the legal equivalent of a bug? A bad law?

By @strictnein - 5 months
If people are going to keep posting political stuff to HN, could we at least require them to flag it as such so it can be filtered out by those who prefer not to have politics creep into every last site on the internet?
By @kibwen - 5 months
> The Supreme Court justices have faced heavy criticism recently for accepting undisclosed gifts from wealthy patrons. Justice Clarence Thomas regularly took lavish vacations and private jet flights that were paid for by Texas billionaire Harlan Crow. Justice Samuel A. Alito Jr. took a fishing trip to Alaska in 2008 aboard a private plane owned by Paul Singer, a hedge fund billionaire.

What an utter farce.

By @kstenerud - 5 months
Of you want to understand why this is happening, read "The Road to Unfreedom" by Prof Timothy Snyder.

https://www.amazon.com/Road-Unfreedom-Russia-Europe-America/...

By @rstat1 - 5 months
But bribes already were legal. They just call it "campaign contributions".
By @rickydroll - 5 months
I'm coming to think that we shouldn't bother trying to discourage bribery. It's a common form of business in the rest of the world. What we should do, however, is make the bribery/gratuity/gift part of the public record. We all know that Congress is bought and paid for, but I want to know by whom.

The only time punishment should happen is if a gift/bribe/whatever is not reported. Clarence Thomas's BS about not thinking it was a gift and didn't need reporting should subject him to significant legal penalties.

[edit] Last minute thought: whenever a public official takes a bribe, they should be required to wear a sticker on their suit with the logo of the bribing organization just like Formula One racers have on their suits and cars.

By @croes - 5 months
The same is legal in Germany despite the recommendation to change this. Politicians even claimed that such laws would hinder their political work.
By @ranger_danger - 5 months
What a surprise. Of course they want to keep accepting bribes. I wish political and corporate donations were illegal.
By @bell-cot - 5 months
Fantasy: Some $billionaire starts mentioning his plans to give ever-so-generous "gifts", to those members of Congress who vote to enlarge the Supreme Court's number of Justices...so far that the votes of the current SC Justices are irrelevant.