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This is just too good to be true. After all the howls about the last administration's supposed transgressions, the possibility that someone in the Obama administration actually broke the law—specifically 18 U.S.C. § 211—by trying to bribe Admiral Sestak is so delicious that it has to be fattening. I'd like to see some authority, however, for the threshold proposition that withdrawal from a primary election is a "thing of value" for purposes of section 211. Perhaps United States v. Croft, 750 F.2d 1354 (7th Cir. 1984), and United States v. Sheker, 618 F.2d 607 (9th Cir. 1980), which construed similar language in 18 U.S.C. sections 641 and 912 respectively to include intangibles, will do?
If this turns out to be true, then it's really bad.
Not prepared to make any judgmrnts at this point, although I'm certain the usual suspects are convinced. Even if this, if true, turns out not to be strictly illrgal, the ethical stink of this will do real damage, and I don't just mean to the Dems' 2010 election prospects.
One of those things...
This is one of those things which is altogether normal and fairly humdrum when done properly and discreetly, with careful choice of wording. "You drop out of the race for President now, and I'll make you Secretary of State or something similar." It's well known that a hefty campaign contribution substantially increases your odds of being made an ambassador to some country or other. If done properly, not couched in explicit "if... then..." statements, then no laws have been broken, and it's more or less politics as usual. And it's entirely appropriate. Assume the best case scenario, where you've got (to pick an example that may or may not bear any resemblance to actual events) the Hillary wing of the Democratic Party and the Barack wing. The Barack wing is in the ascendancy and almost has everything locked up. But the Hillary wing is legitimately concerned about the impact a Barack primary victory will have on American foreign policy; it's important to show foreign countries that we're not as divided as they (and we) sometimes think we are, and the Hillary wing is more hawkish in general than the Barack wing. So the Hillary wing, knowing it is facing defeat, but still has power to make things either harder or easier for the Barack wing's success, extracts policy concessions, to ensure that its foreign policy concerns are taken seriously. One of the policy concessions is naming one of the Hillary wing's people as Secretary of State, to insure that its views on foreign policy will be heard at the highest levels. All not only appropriate but an essential part of democracy.
But then there's the sleazy, Rod Blagojevich style of deal-making, where you simply buy people off with purely patronage positions. These deals are motivated by pure, personality-driven power politics rather than any principled concerns.
Legally, the precise language of various conversations will be important (as they will be in Gov. Blagojevich's trial). If all that was promised was that the White House would "look into" hiring him for some position or other, then probably ok. If they were STUPID and discussed a quid pro quo explicitly, then goodbye and sayonara, hope you look good in a jumpsuit. Sestak himself needs to be careful with his comments; I would advice him to not be quite as precise with his comments as he has been. A WH official saying "look, there's still some good vacancies here, we really need you to come help out the administration" would, in context, be clear as a job offer to somebody in Sestak's position, but would also be legally acceptable, as it is not an explicit quid pro quo. But Sestak was asked: "Is it true that you were offered a high ranking job in the administration in a bid to get you to drop out of the primary against Arlen Specter?" And he answered "yes." It's entirely possible that the offer wasn't that direct, however clear it may have been to Sestak. He risks either slandering somebody who didn't actually commit a crime or, if a crime was committed, getting himself in trouble for, at best, misprision of a felony, for failing to report the offer to the proper authorities.
Good points Pat, thinking it over, this seems infinitely less
serious then when I first looked, although as you say, if a Blago-style explicit deal was made, then we've got trouble. Most likely, it was as you described, a "drop out now, and we'll see about hooking you up down the road," sort of deal, which is a basic as a cloture vote.
On a side note, with reegards to the Hillary wing being more hawkish than the Barack wing, I'd only add that Brack is more hawkish than the Barack wing.
Not sure there is anything to
Not sure there is anything to see here. If this is illegal then probably about a quarter of high level political appointments in the last 50 years are illegal. It is all sausage making and much ado about nothing. Unless money or other considerations occurred, I don't consider this to even be unethical.