Linda R. Monk, J.D.: Rahm Is Done: It’s a Crime, Stupid!
Rule Number One: When reporting a political story that may involve criminal conduct, read the relevant law first.
Leading media outlets have stated flat-out that there was nothing illegal about White House Chief of Staff Rahm Emanuel asking former president Bill Clinton to offer Rep. Joe Sestak a position on a federal commission if he stayed in the House, rather than challenging Sen. Arlen Specter in the Democratic primary. Politics as usual, they say. … snip ...
The media consensus is that the White House’s only “crime” was (surprise, surprise) stalling reporters about their questions in the first place. … snip … Said WaPo: “The unnecessary coverup, it turns out, is always worse than the non-crime.”
But it’s obvious that none of these folks have read the specific law involved. … snip … It’s about electioneering, not federal bribery per se. But it’s a felony, and it still counts:
18 U.S.C. § 600 — Promise of employment or other benefit for political activity
Whoever, directly or indirectly, promises any employment, position, compensation, contract, appointment, or other benefit, provided for or made possible in whole or in part by any Act of Congress, or any special consideration in obtaining any such benefit, to any person as consideration, favor, or reward for any political activity or for the support of or opposition to any candidate or any political party in connection with any general or special election to any political office, or in connection with any primary election or political convention or caucus held to select candidates for any political office, shall be fined under this title or imprisoned not more than one year, or both.
Specter himself brought this law into play when during the primary Sestak raised the issue of the White House offering him a job. So it can’t all be blamed on the Republicans. Here’s what Specter told Andrea Mitchell in March:
“There is a specific federal statute, which makes it a bribe to make an offer for a public office. When I was district attorney, if somebody came and told me that, I would say, well, name names. Name dates. Name places. That’s a very serious charge. It’s a big black smear without specification. I’m telling you there is a federal crime, punishable by jail. Anybody who wants to say that ought to back it up.”
So there’s the current Democratic (see Republican) senator from Pennsylvania stating on the record that such action is a crime. … snip …
Yet the memo released by the White House counsel on May 28 to defend Emanuel never addresses this specific law, although it is clearly the statute in question. Instead, the counsel’s office raises defenses that are obviously not relevant to the language of the statute, namely that the position offered Sestak was not paid. The electioneering law is very broadly written, prohibiting “any” benefit, paid or unpaid. The counsel’s memo also repeatedly refers to “discussions” between Clinton and Sestak, with the implied defense that a “discussion” is not the same thing as a “promise.” That’s where I think the legal horse is buried, and any investigation would focus. However, the law also says that the promise can be made “directly or indirectly.” This means, to me, that it can be implied as well as overt, and that it can be made through third parties. That means Emanuel would be as guilty as Clinton for the violation.