[EL] ELB News and Commentary 7/11/15
Rick Hasen
rhasen at law.uci.edu
Fri Jul 10 17:48:11 PDT 2015
Unanimous 4th Circuit Panel Rejects Former Va Gov. McDonnell’s
Corruption Appeal <http://electionlawblog.org/?p=74244>
Posted onJuly 10, 2015 5:46 pm
<http://electionlawblog.org/?p=74244>byRick Hasen
<http://electionlawblog.org/?author=3>
You can read the 89-page-opinionat this link.
<http://www.ca4.uscourts.gov/docs/pdfs/154019p.pdf?sfvrsn=2>
A key question on appeal is whether the trial court defined “official
act” too broadly for federal bribery law purposes. The 4th Circuit has
an extensive discussion of the issue, concluding: “In view of these
precedents, we are satisfied that the reach of § 201(a)(3) is broad
enough to encompass the customary and settled practices of an office,
but only insofar as a purpose or effect of those practices is to
influence a ‘question, matter, cause, suit, proceeding or controversy’
that may be brought before the government.”
The court found there was sufficient evidence of official acts under
this definition to satisfy the bribery statute.
The appeals court also agreed the trial court correctly refused to
instruct the jury, under /Citizens United/, that seeking “ingratiation
and access” are not corruption.
The court also rejected an argument related to the phrasing of the quid
pro quo requirement.
Finally, the court found that there was sufficient evidence of both
official acts and quids pro quo to justify a conviction:
This evidence established that Appellant received money, loans,
favors, and gifts from Williams in exchange for official acts to
help Williams secure independent testing of Anatabloc. In light of
the foregoing, the jury could readily infer that there were multiple
quid pro quo payments, and that Appellant acted in the absence of
good faith and with the necessary corrupt intent.
As noted inthis Washington Post article
<http://www.washingtonpost.com/local/dc-politics/appeals-court-affirms-bob-mcdonnells-convictions/2015/07/10/144da937-66de-4644-816c-0bcea4803401_story.html>,
McDonnell could seek either en banc 4th Circuit review or file a
petition for cert. in the Supreme Court. My quick perusal of the opinion
leads me to think that getting further review in either venue will be a
hard slog. There appears to be both enough legal authority and evidence
to support the government’s case at this point.
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Posted inbribery <http://electionlawblog.org/?cat=54>,chicanery
<http://electionlawblog.org/?cat=12>
“From Peoria High to the U.S. Supreme Court: Redistricting case
draws classmates together.” <http://electionlawblog.org/?p=74242>
Posted onJuly 10, 2015 5:34 pm
<http://electionlawblog.org/?p=74242>byRick Hasen
<http://electionlawblog.org/?author=3>
The surprising Peoria connection
<http://www.pjstar.com/article/20150709/NEWS/150709286/1994/NEWS>to the
AZ redistricting case.
(via How Appealing <http://howappealing.abovethelaw.com/071015.html#062908>)
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Posted inredistricting <http://electionlawblog.org/?cat=6>,Supreme Court
<http://electionlawblog.org/?cat=29>
“The universe of 2016 fundraising” <http://electionlawblog.org/?p=74240>
Posted onJuly 10, 2015 5:33 pm
<http://electionlawblog.org/?p=74240>byRick Hasen
<http://electionlawblog.org/?author=3>
Nice illustration
<http://www.washingtonpost.com/blogs/the-fix/wp/2015/07/10/the-universe-of-2016-fundraising/?tid=hpModule_ba0d4c2a-86a2-11e2-9d71-f0feafdd1394&hpid=z8>of
the current state of play at The Fix.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Hassan vetoes 30-day residency requirement to vote”
<http://electionlawblog.org/?p=74238>
Posted onJuly 10, 2015 3:52 pm
<http://electionlawblog.org/?p=74238>byRick Hasen
<http://electionlawblog.org/?author=3>
AP
<http://www.wcax.com/story/29521778/hassan-vetoes-30-day-residency-requirement-to-vote>:
“Gov. Maggie Hassan has vetoed legislation that would have required
people to live in New Hampshire for 30 days before voting.”
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,voter registration
<http://electionlawblog.org/?cat=37>
Justice Ginsburg: Bush v. Gore Taught #SCOTUS Liberals to Stick
Together on Dissents <http://electionlawblog.org/?p=74235>
Posted onJuly 10, 2015 12:09 pm
<http://electionlawblog.org/?p=74235>byRick Hasen
<http://electionlawblog.org/?author=3>
Interview
<http://www.npr.org/sections/itsallpolitics/2015/07/10/421811833/ginsburg-liberal-justices-make-a-point-to-speak-with-one-voice?utm_source=twitter.com&utm_campaign=politics&utm_medium=social&utm_term=nprnews>with
Nina Totenberg:
Supreme Court Justice Ruth Bader Ginsburg on Thursday provided an
unusual peek behind-the-scenes at how the court did its work this term.
It’s true, she said, that the liberal justices tried to be
disciplined about having their majority opinions and even their
dissents, speak with one voice, in one opinion. “The stimulus,” she
said, “actually began many many years before … when the court
announced its decision in Bush v. Gore.” That was the decision in
which the Supreme Court, by a 5-4 vote, put an end to the dispute
over the 2000 election returns in Florida, resulting in George W.
Bush becoming president.
The time pressure in the case was excruciating, with the court
issuing an opinion just a day after oral arguments, and, as Ginsburg
put it, the four liberal members of the court “were unable to get
together and write one opinion.” Indeed, each wrote a separate
dissent, resulting in such confusion that, as she pointed out, some
early press accounts, erroneously reported that the decision was
7-2, not as it in fact was, 5-4.
After that experience, “we agreed,” said Ginsburg that “when we are
in that situation again, let’s be in one opinion.” It’s important,
she added, because the public and the lower courts need to know what
the court has done or not done. And neither lawyers nor judges will
stick with opinions that go on and on.
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Posted inBush v. Gore reflections
<http://electionlawblog.org/?cat=5>,Supreme Court
<http://electionlawblog.org/?cat=29>
“Will GOP-led Legislature appeal gerrymandering case?”
<http://electionlawblog.org/?p=74231>
Posted onJuly 10, 2015 11:51 am
<http://electionlawblog.org/?p=74231>byRick Hasen
<http://electionlawblog.org/?author=3>
Mitch Perry reports. <http://www.saintpetersblog.com/archives/235253>
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Posted inredistricting <http://electionlawblog.org/?cat=6>
“Key state lawmakers renew calls to overhaul elections board”
<http://electionlawblog.org/?p=74229>
Posted onJuly 10, 2015 10:56 am
<http://electionlawblog.org/?p=74229>byRick Hasen
<http://electionlawblog.org/?author=3>
Milwaukee Journal-Sentinel
<http://www.jsonline.com/news/statepolitics/key-state-lawmakers-renew-calls-to-overhaul-elections-board-b99535419z1-313259971.html>:
Key Assembly Republicans renewed their call Friday for overhauling
the state’s elections and ethics board after The Wall Street Journal
reported the agency had been in touch with the Internal Revenue
Service as it investigated conservative groups.
MORE
<http://host.madison.com/ct/news/local/writers/steven_elbow/wall-street-journal-op-ed-fuels-gop-attack-on-gab/article_ef4d2c92-a3f4-549c-9d7d-ae6b1478ebed.html>from
the Capital Times:
Thursday’s WSJ op-ed
<http://www.wsj.com/articles/wisconsins-friend-at-the-irs-1436482521> alleges
that Kennedy’s and former IRS official Lois Lerner’s scrutiny of
conservative groups “may be more than a coincidence.” Lerner
resigned in 2013 amid allegations that the IRS had targeted
conservative groups for audits.
“Emails we’ve seen show that between 2011 and 2013 the two were in
contact on multiple occasions, sharing articles on topics including
greater donor disclosure and Wisconsin’s recall elections,” reads
the opinoin piece, which ran without a byline. “The emails indicate
the two were also personal friends who met for dinner and kept in
professional touch.”
Kennedy, in an email, responded, “Ms. Lerner is a professional
friend who I have known for more than 20 years,” with no further
comment.
A spokesman for the GAB said Kennedy would have a response to the
op-ed and the calls for his resignation later today.
While the op-ed suggests that Kennedy and Lerner had a cozy
relationship, the emails it claims to have uncovered don’t appear to
reveal any concerted effort by Kennedy and Lerner to stifle
right-wing political groups.
The column instead refers to Kennedy’s dismay in campaign finance
disclosure laws.
“In an email exchange in July 2011, Mr. Kennedy sent Ms. Lerner an
article in the Racine Journal-Times on the declining relevance of
public campaign financing amid more private and ‘special interest’
money,” reads the column. “’Note the last paragraph where the paper
supports more transparency,’” Mr. Kennedy writes to Ms. Lerner. ‘The
Legislature has killed our corporate disclosure rules.’”
See also the press release
<http://www.wispolitics.com/index.iml?Article=352141>attacking Kevin
Kennedy.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,election
administration <http://electionlawblog.org/?cat=18>,tax law and election
law <http://electionlawblog.org/?cat=22>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“Introducing the Federal Election Commission’s first API”
<http://electionlawblog.org/?p=74227>
Posted onJuly 10, 2015 9:15 am
<http://electionlawblog.org/?p=74227>byRick Hasen
<http://electionlawblog.org/?author=3>
Great news<https://18f.gsa.gov/2015/07/08/openfec-api/>for data geeks.
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Posted infederal election commission <http://electionlawblog.org/?cat=24>
Live Webcast of @UCILaw #SCOTUS Term in Review Monday 12 pm PDT
<http://electionlawblog.org/?p=74225>
Posted onJuly 10, 2015 8:41 am
<http://electionlawblog.org/?p=74225>byRick Hasen
<http://electionlawblog.org/?author=3>
On Monday, July 13 at 12 pm pacific time, tune in for thelive webcast
<https://www.youtube.com/watch?v=PuXuoGwqyDc>of the @UCILaw 5th Annual
Supreme Court Term in Review
<http://www.law.uci.edu/events/supreme-court-term-review/2015.html>,
discussing this year’s blockbuster Supreme Court term. The panelists:
* Erwin Chemerinsky
<http://www.law.uci.edu/faculty/full-time/chemerinsky/index.html>,
UCI Law
* Linda Greenhouse <http://www.law.yale.edu/faculty/7296.htm>, Yale
Law School/The New York Times
* Song Richardson
<http://www.law.uci.edu/faculty/full-time/richardson/index.html>,
UCI Law
* Kannon K. Shanmugam <https://www.wc.com/kshanmugam>, Williams &
Connolly LLP
* Hon. Jeffrey S. Sutton
<http://www.uscourts.gov/JudgesAndJudgeships/BiographicalDirectoryOfJudges.aspx>,
U.S. Court of Appeals for the Sixth Circuit
* Moderated byRick Hasen
<http://www.law.uci.edu/faculty/full-time/hasen/index.html>, UCI Law
Submit questions via Twitter, using the hash tag*#ucilawscotus*at the
end of your question.
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Posted inSupreme Court <http://electionlawblog.org/?cat=29>
--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org
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