The Search for Accountability: United States v. McDonnell and the Fundamental Right to Honest Government. (2nd January 2018)

• Record Type: Journal Article
• Authors: Roberts, Robert
• Is Part Of: Public integrity. Volume 20:Number 1(2018)
• Page Start: 13
• Page End: 33
• Publication Date: 2018-01-02
• Subjects: federal prosecutors -- Hobbs Act -- honest services statute -- public corruption -- U.S. Supreme Court; Civil service ethics -- United States -- Periodicals; Public administration -- Moral and ethical aspects -- United States -- Periodicals; Political ethics -- United States -- Periodicals; Civil service ethics -- Periodicals; Public administration -- Moral and ethical aspects -- Periodicals; Political ethics -- Periodicals; Civil service ethics; Political ethics; Public administration -- Moral and ethical aspects; United States; PUBLIC ADMINISTRATION; CIVIL SERVICE; MORAL ASPECTS; POLITICAL ETHICS; Periodicals; 172
• DOI: 10.1080/10999922.2016.1269276
• Languages: English
• ISSNs: 1099-9922

Abstract

Abstract : The U.S. Supreme Court in McDonnell v. United States (2016 ) vacated the conviction of a former Virginia governor for accepting bribes. The court found that arranging a meeting, calling or contacting another official, or hosting an event does not, by itself, rise to the level of an official act under the Hobbs Act and the mail and wire fraud statutes. This article argues that the Supreme Court's decision in McDonnell v. United States will make it much more difficult for federal prosecutors to prosecute state and local governments for helping private individuals gain preferential access to government decision-makers at the state or local level. The article also argues that the decision will put pressure on state legislatures to significantly tighten state ethics laws to stop this type of conduct that reduces public trust in government.