Monday, June 27, 2016

And the cashflow just got better - the U.S. v McDonnell SCOTUS case

On May 20, 2016 I ran a blog about the expected decision against Virginia Governor Bob McDonnell.

I said then, as I am saying now, that what the court was deciding was (1) a non-issue, but, since the court actually chose to decide that case, out of all cases, (2) it is very important to judges, personally.

The court was supposed to decide whether a mere quid pro quo is really corruption.

Appears like Governor McDonnell got a mint from a friend and cannot be blamed for it.

But, the "mint" was actually $175,000 in donations from a businessman for whom Governor McDonnell organized meetings and thus opened doors that would otherwise have remained closed.

And, lo and behold, the U.S. Supreme Court legitimized such "donations" to public officials in exchange for favors, as of today - that is amendment and annihilation of an anti-corruption federal statute through interpretation.




So, arranging for favorable treatment by public officials who are subordinates of the public official who is paid money to do the phone call, is not punishable as corruption.

YAHOO!!!!

As the court decision unrolled, I can envision lines forming of those who want to open the doors into offices of public officials, including U.S. Supreme Court judges, with their feet - because their hands are too busy holding gifts for favors, big and small, like the decision in Governor McDonnell's case.

That's how they did business from time immemorial.

But, at least, in time immemorial they did not have a Constitution and they did not have a court that spits on that Constitution by arranging for cash flow to continue an increase to corrupt public officials
at the time when America's economy is not at its best and when average Americans are financially struggling.

Or, maybe, it is because the economy is not at its best that the U.S. Supreme Court arranged for a sure channel of income for public officials.

So, now even if you catch a public official "arranging" a favor for a "benefactor", even for money, that will be "not unlawful" under U.S. v McDonnell.

Of course, to any reasonable person who is not a governmental official, that is a non-question.  Corruption is not just passing money from hand to hand, but passing "pleasantries", tangible and intangible benefits and favors.

So, as of today, Scalia's hunting trips would be legit.

I understand, corruption is so vast in this country that the U.S. Supreme Court got concerned that too many important hosters of hunting trips can be swept in, and all the freebies will be gone.

Of course, the U.S. Supreme Court does not have authority to LEGISLATE and to CHANGE a statute by interpretation.

And, of course, the U.S. Congress has the power to act and AMEND the Hobbs Act defining the punishable act to include what the type of favor that McDonnell did.

Whether the U.S. Congress will do that though, is a question.

After all, under U.S. v McDonnell, U.S. Congressmen may be paid LARGE amounts of money for NOT engaging in an official act of legislating - and that will not be corruption, according to the U.S. Supreme Court.

So - why bother?




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