The law鈥檚 fine line between graft and access
In a rare unanimous ruling, the US Supreme Court has overturned the corruption conviction of a former Virginia governor, Robert McDonnell. But it did so while holding its nose at the ethics of his conduct, which included accepting gifts such as a Rolex watch and a Ferrari automobile from a company seeking access to government.
The high court鈥檚 decision said the judge in Mr. McDonnell鈥檚 trial failed to tell a jury that it must look only at his 鈥渙fficial acts,鈥� or the former governor鈥檚 decisions on 鈥渟pecific鈥� and 鈥減ending鈥� issues related to his duties.
Merely helping a gift-giver gain access to other officials, unless done with clear intent to pressure those officials, is not corruption, the justices found.
The court did suggest that accepting favors in return for opening doors is 鈥渄istasteful鈥� and 鈥渢awdry.鈥� But under anti-bribery laws, proof must be made of tangible benefits, such as approval of a contract or regulation. Prosecutors must show the 鈥減ro鈥� between the 鈥渜uid鈥� and the 鈥渜uo.鈥� Simply arranging a meeting, making a phone call, or hosting an event is not an 鈥渙fficial act.鈥�
The court鈥檚 ruling is legally sound in defining a kind of favoritism that is not criminal. Elected leaders must be allowed to help supporters deal with bureaucratic problems without fear of prosecution for bribery. 鈥淭he basic compact underlying representative government,鈥� wrote Chief Justice John Roberts for the court, 鈥渁ssumes that public officials will hear from their constituents and act appropriately on their concerns.鈥�
But the ruling reinforces the need for citizens and their elected representatives, not the courts, to ensure equality of access to government. Officials must not be allowed to play favorites in providing information or in arranging meetings simply because an individual or group provides a campaign donation or a personal gift. This type of integrity requires well-enforced laws in government transparency, such as records of official meetings, rules on lobbying, and information about each elected leader鈥檚 source of wealth.
Favoritism in official access can fan public perceptions of corruption. But it is not always corruption. Rather officials must avoid double standards, or different types of access for average people and the wealthy. If connections can be bought, a basic premise of democratic society 鈥� that all are equal in treatment by government 鈥� is undermined. Good governance rests on an understanding of the inherent worth of each individual.
The court鈥檚 ruling is a step forward in the struggle against both corruption and official favoritism.
