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by bdw5204
1350 days ago
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If the bribe is paid as a "campaign contribution" to a politician or to a group that runs ads to get a politician elected, it is "free speech" according to SCOTUS in Citizens United v. FEC. If it is paid directly to a politician or to a politician's friend, it is illegal bribery. It would also be perfectly legal to hire a politician or regulator who advanced your interests once he's no longer in office. There is, in fact, a revolving door between many industries and the agencies that regulate them. But you can't explicitly promise these individuals a job while they're still in office or you committed illegal bribery. A politician also can't sell a Senate appointment (as the governor of Illinois infamously tried to do after Obama was elected president) but he can give it to one of his political allies as a favor and reasonably expect that the favor will be repaid in the future. Of course, these differences aren't particularly meaningful in reality but they're very important under the law and anybody who is stupid enough to execute their bribes the wrong way will probably be punished for bribery even though it would have been perfectly legal if they'd done it the right way. |
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Citizens United is problematic not because "money is free speech" (which, frankly, it is, as we live in a capitalist society) but rather because corporations (specifically when donating to Super PACs) have no caps on donation sizes. Fun fact: that money is not taxable income, by the way. So they can (in a roundabout way) essentially fill a friendly politician's coffers "for free."