Those words are fascinating to me because I'm so aware of politicians giving something for something; but what I see more often, is politicians who accept bribes or politicians who intimidate to get their way, or even wthdraw (ex.committee) appointments if they don't get their way.
"If you scratch my back I'll scratch yours" is so common in politics, politicians don't tend to worry about the consequences of engaging in this kind of practice, or can't recognize when an illegal quid pro quo occurs.
If you're a politician, I would tread carefully, because you just might get caught up in an illegal quid pro quo.
What I find far more serious (in my opinion), is the politician/public employee (usually the one with considerable power) who gets caught up in a deprivation of rights under color of law case.
16 comments:
If a mayor or governor appoints you to a committee or co-authors or supports a bill you author, but expects something in return, is that a quid pro quo?
I guess one of the ways to prove a quid pro quo (or I'll scratch your back if you'll scratch mine) is you did what the mayor or governor wanted, or you didn't do what the mayor or governor wanted and he/she withdrew his support or committee appointment.
Question?
Does money have to be exchanged, or something involving money?
How about coercion? Could there be serious legal consequences if there was coercion involved?
I would think the answer to legal consequences is there was the threat of bodily harm or something bad happening to you, or you felt fearful.
Might it be easier to prove ("I'll scratch my back if you scratch mine") if 9 times out of 10 or 10 times out of 10, you gave the person what they wanted or what was asked?
Was quid pro quo involved in the case of Blagojevich, former Governor of Illinois?
Not sure.
What did happen was Blagojevich and his Chief of Staff John Harris were charged with corruption by federal prosecutor Patrick Fitzgerald.
He was indicted on corruption charges in April 2009, and a jury found him guilty of one charge of making false statements.
Blagojevich was eventually found guilty of 17 charges of corruption (including wire fraud, attempted extortion, and conspiracy to solicit bribes).
Blagojevich was sentenced to 14 years in prison.
In doing a search on the internet saw:
1. "Labor secretary nominee Thomas Perez cut a "secret deal behind closed doors" with leaders of a Minnesota city, persuading them to drop a contentious lawsuit in exchange for the Justice Department staying out of whistleblower cases brought against the city, according to a congressional Republican report.
The "quid pro quo," according to the report, potentially cost taxpayers as much as $200 million."
"The report, obtained in advance by Fox News, claimed Perez in February 2012 "manipulated" federal law as assistant attorney general and "pushed the limits of justice to make this deal happen."
The Feds usually get you lying or they cut you a deal to drop the charges.
There's also that case of an "ongoing probe of Virginia Governor Bob McDonnell related to gifts received by him and his family members from top donors."
See ?Texas:
PENAL CODE
TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION
CHAPTER 36. BRIBERY AND CORRUPT INFLUENCE
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.36.htm
Federal Offense:
"Official Misconduct:
Conspiracy Against Rights, 18 U.S.C. § 241. Section 241 of Title 18 is the civil rights conspiracy statute. Section 241 makes it unlawful for two or more persons to agree together to injure, threaten, or intimidate a person in any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the Unites States, (or because of his/her having exercised the same). Unlike most conspiracy statutes, Section 241 does not require that one of the conspirators commit an overt act prior to the conspiracy becoming a crime. The offense is punishable by a range of imprisonment up to a life term or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any."
http://www.ncsl.org/research/ethics/50-state-chart-criminal-penalties-for-public-corr.aspx#OH
Ohio
Bribery
CC §2921.02
Felony of the third degree
Max. imprisonment 1-5 years; max. fine $10,000;
forever disqualified from holding public office
Having an unlawful interest in a public contract: authorizing contracts in which the public officer, a member of his or her family, or an associated business has an interest
CC §2921.42
Felony of the fourth degree
Max. imprisonment 6-18 months; Max . fine $5,000
Theft in office; restitution; withholding of retirement benefits
CC §2921.41
Felony of the fifth degree if under $500,
max. imprisonment 6-12 months; max. fine $2,000
Felony of the fourth degree if $500-$5,000,
max. imprisonment 6-18 months; max. fine $5,000
Felony of the third degree if more than $5,000,
max. imprisonment 1-5 years; max. fine $10,000;
Disqualification from holding office in all cases; Retirement benefits taken for restitution
Filing a false financial disclosure statement
Representation by present or former public official or employee
No compensation to elected or appointed state official other than from agency served
Having an unlawful interest in a public contract; during public official’s term of office or within one year thereafter, occupy any position of profit in the prosecution of a public contract authorized by the public official or by a legislative body, commission, or board of which the public official was a member; have an interest in the profits or benefits of a public contract entered into by or for the use of the political subdivision with which the public official is connected; have an interest in the profits or benefits of a public contract that is not let by competitive bidding if required by law and involves more than $150
Soliciting or accepting improper compensation
Interfering with civil rights
EC §102.02
EC §102.03
EC §102.04
EC §102.99
CC §2921.42
CC §2921.43
CC §2921.45
Misdemeanor of the first degree
Max. imprisonment 180 days; max. fine $1,000
Public official of the state recklessly creates a deficiency, incurs a liability, or expends a greater sum than is appropriated by the general assembly for the use in any one year of the department, agency, or institution of the state with which the public official is connected
Public servant recklessly fails to perform a duty or recklessly do any act expressly forbidden by law
CC §2921.44(D-E)
Misdemeanor of the second degree
Max. imprisonment 90 days; max. fine $750
Failure to file a statement of financial disclosure
Accepting unlawful gifts from lobbyists
Disclosure by a public official during the pendency of any criminal case the home address of any peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, or youth services employee who is a witness or arresting officer in the case (Disclosure of confidential information)
Above falls under:
"Penalties for Violations of State Ethics and Public Corruption Laws"
WHAT IS USING YOUR POSITION TO EXTRACT FAVORS OR SPECIAL CONSIDERATION?
HOW ABOUT USING YOUR POSITION TO INTIMIDATE SOMEONE?
QUESTION:
Did the council on April 16th (in voting for a resolution) do something that made them (inadvertently) complicit in a "quid pro quo"?
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