'Honest Services Fraud' at the High Court
Cato Podcast
Cato Institute
4.5 • 979 Ratings
🗓️ 28 June 2016
⏱️ 8 minutes
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| 0:00.0 | This is the Cato Daily Podcast for Tuesday, June 28th, 2016. I'm Caleb Brown. |
| 0:06.8 | The Supreme Court has thrown out the public corruption conviction of former Virginia Governor Bob |
| 0:11.0 | McDonnell. The Court was unanimous in throwing out the verdict |
| 0:14.2 | so what does this mean for similar cases? Kevin Ring is Vice President for Families |
| 0:18.5 | against Mandatory Minimums. He himself served time in prison on similar charges of so-called honest services fraud. |
| 0:25.5 | We spoke yesterday. |
| 0:26.5 | Yeah, the Supreme Court basically reeled in the honest services statute, which has been a catch-all |
| 0:32.2 | prosecutorial tool to go after public corruption. |
| 0:35.0 | Both in the federal level, Senator Menendez is being charged in New Jersey on this statute, |
| 0:42.0 | and at the state and local level. |
| 0:43.7 | So you've seen a lot of prosecutions of state and local officials and Governor McDonnell and his |
| 0:47.4 | wife were the latest high profile one. |
| 0:49.7 | Now this was a unanimous decision here, what can future cases take away from this? |
| 0:56.1 | Well the government's going to have to do more work before it goes after what it sees as |
| 1:02.0 | public corruption. No one wants to is public corruption. |
| 1:03.0 | No one wants to see public officials bought and sold. |
| 1:06.0 | They want to believe that the public servants acting in the public's interest. |
| 1:09.0 | But the government had a very liberal view of what public corruption entailed and had a very limited view of what |
| 1:18.2 | they had to prove to establish it. |
| 1:19.8 | So we were in a point in this country where, you know, people realize that a quid pro quo is |
| 1:23.8 | illegal bribery you know this for that but under Supreme Court precedent almost |
| 1:28.1 | anything is a quid I mean you know you give somebody a burger hamburger you take him to a ball game, anything was that. |
... |
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