1. The United States Supreme Court and the Defederalization of State and Local Public Corruption.
- Author
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Roberts, Robert
- Subjects
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POLITICAL corruption , *LEGAL judgments , *FEDERAL court decisions , *FEDERAL courts , *LOCAL government - Abstract
Abstract\nPLAIN LANGUAGE SUMMARYIn the early 1970s, the FBI and federal prosecutors launched a war against state and local government public corruption. This crusade would not have been possible without the cooperation of the U.S. Supreme Court and lower federal prosecutors. Federal courts broadly construed the scope of several federal criminal statutes to prohibit certain types of state and local public corruption, even though Congress never intended that federal prosecutors use these statutes to prosecute state and local government officials on federal public corruption charges. Recent decades have seen the U.S. Supreme Court reverse course and narrowly construe several statutes to ally only to traditional types of public corruption, such as bribery and extortion by state and local government officials, and not apply to
non-quid pro quo public corruption offenses. The article argues that these decisions will force state governments to take responsibility for regulating non-quid pro quo public corruption offenses that seriously weaken public trust in state and local government officials.The commentary discusses the impact of several U.S. Supreme Court decisions on the ability of the FBI and Federal prosecutors to prosecute state and local government officials on federal public corruption charges.What is the purpose of this summary?: To help readers understand the impact of U.S. Supreme Court decisions on federal prosecution of state and local government officials on federal public corruption charges. This summary is about the impact of recent U.S. Supreme Court decisions on federal prosecution of state and local government officials on federal public corruption charges.What is known?: A series of U.S. Supreme Court decisions have made it more difficult for federal prosecutors to use several federal criminal statutes to prosecute state and local officials on federal public corruption charges.What is new?: The summary helps to explain why the U.S. Supreme Court has narrowed the use of several criminal statutes to prosecute state and local governments on federal public corruption statutes. The summary explains that these decisions do not block federal prosecutors from prosecuting state and local government officials for bribery, false claims, and extortion but do block federal prosecutors from prosecuting, allowing federal prosecutors to prosecute state and local government officials for bribery, false claims, and extortion. In a series of decisions, the U.S. Supreme Court found that federal prosecutors had overreached by too broadly construing the scope of several federal criminal statutes. [ABSTRACT FROM AUTHOR]- Published
- 2025
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