When corporate lobbyists and CEOs hand over a wad of campaign cash to an officeholder, and then promptly receive a lucrative funding project for their company from the same officeholder, most of us know precisely what happened: The corporate executives and officeholder rewarded each other through the exchange of money, also known as a bribe.
But what we all know from common sense becomes clouded – and even denied – by the folly of our campaign finance system in which officeholders are required to raise campaign cash from the very same private interests that have business pending before them. The U.S. Supreme Court codified this folly in its 1991 U.S. v. McCormick decision which said that the exchange of earmarks for campaign contributions cannot be assumed to constitute bribery because such conduct “in a very real sense is unavoidable so long as election campaigns are financed by private contributions or expenditures …”
So when Public Citizen pressed for the prosecution of Rep. Tom DeLay and others in the Westar bribery scandal – in which internal Westar Energy Company e-mails outlined the company’s plan to buy a “seat at the table” in a House energy conference committee by contributing cash to influential lawmakers in exchange for their support of a special regulatory exemption – neither the Department of Justice nor House ethics committee were willing to conclude it was bribery. Instead, the ethics committee concluded
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