Elegy for Anti-corruption Law: How the Bridgegate Case Could Crush Corruption Prosecutions and Boost Liars
23 Pages Posted: 2 Jun 2020
Date Written: May 19, 2020
This piece discusses how the case Kelly v. United States, which was pending before the Supreme Court when this piece was written, was likely to expand two different developments in the Roberts Court’s jurisprudence: (1) expanding the constitutional protections for lying under the First Amendment and (2) narrowing the definition of corruption. This Piece describes how lower courts ruled in the Kelly case as well as arguments deployed by Kelly’s lawyers at the Supreme Court to try to exonerate their client Bridget Anne Kelly for her role in the Bridgegate scandal.
Epilogue: As this piece was being printed, the Supreme Court decided Kelly v. United States, 590 U. S. ____ , No. 18-1059 (U.S. May. 7, 2020). As predicted by the piece, the Supreme Court in Kelly expanded the Skilling case and narrowed what counts as corruption concluding “not every corrupt act by state or local officials is a federal crime.”
Keywords: white collar crime, corruption, campaign finance, lying, Alvarez, Skilling, McDonnell, Citizens United, McCutcheon, prosecution, Bridgegate, Kelly, Baroni, Chris Christie, Supreme Court, First Amendment, federal crime, constitutional law
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