The New York Times reports that the Department of Justice is dismissing all charges against Senator Robert Menendez (D-NJ). This case illustrates the extreme difficulty, near impossibility, of prosecuting white collar criminals. Menendez was accused of taking bribes from a doctor in return for lobbying for the doctor's interests.
The NYT writes: “The Department of Justice on Wednesday dismissed all the remaining charges against Senator Robert Menendez, a decision that underscores how a 2016 Supreme Court ruling has significantly raised the bar for prosecutors who try to pursue corruption cases against elected officials.”
“The unraveling of the case against Mr. Menendez is the latest example of how difficult it has become to win public corruption cases after the Supreme Court’s landmark decision to overturn the conviction of the former Republican governor of Virginia, Bob McDonnell, who had been accused of accepting luxury items, loans and vacations in exchange for helping a businessman, Jonnie R. Williams Sr.”
“That decision drastically limited the kinds of “official acts” performed by lawmakers that can constitute bribery or corruption, with the court ruling that only specific actions could be deemed to cross a legal line.”
The Supreme Court's 2016 ruling in the McDonnell v United States case was expected to make it harder for prosecutors to prove corruption cases against politicians in cases where there is no proof of an explicit agreement linking a campaign donation or gift to a contract, grant or vote. Those predictions are coming true. Obviously, any sane politician with any awareness will make sure there is no written agreement in bribery or illegal conflict of interest situations.
The implication for president Trump appears to be that prosecutors will have a hard time proving bribery. Whether this more difficult legal burden on prosecutors affects allegations of money laundering or illegal conspiracy isn't clear. In McDonnell's corruption case, the court held that an “official act” does not include simply setting up a meeting, calling another public official, or hosting an event. There has to be something more to show bribery or illegal corruption. Presumably, the same standard applies to Trump.
The NYT reported that Menendez plans to run for re-election to the US Senate for a third term. He has the backing of democratic New Jersey state politicians. Republicans plan to attack Menendez as a corrupt politician.
It seems that the rule of law is under attack from both outside and inside the federal judiciary.
B&B orig: 2/1/18
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