A quick case preview regarding an upcoming case before the Court this term: Percoco v. United States.
"When a public official accepts money to convince the government to do something, we call him a crook. But when a private citizen accepts money to convince the government to do something, we call him a lobbyist." That's from the opening paragraph of petitioner's brief in Percoco v. United States begins. It's not just a well-worded sentiment, either - it's true.
This is because public officials are entrusted to make decisions in the best interest of the public; they have power over those they serve - and if they are making decisions for us based on what's best for their bank account rather than what's best for the public, we all suffer. But the First Amendment permits citizens to petition the government to make decisions that aligns with their self-interests - including lobbyists.
On November 28, the Court will hear one of the more ridiculous cases I've encountered in quite a while: Percoco v. U.S. - asking the court whether a private citizen who holds no elected office or government employment, but has informal political or other influence over governmental decision-making, owes a fiduciary duty to the general public such that he can be convicted of honest-services fraud. I'll pause here while you get your laughter under control. Why am I so quick to offer my opinion in this case? First as a political scientist, a former government affairs person, and a general observer of mankind, I don't think it's overstepping to express my doubts over any proposition that suggests criminalizing the influence that private citizens may have over public officials. And second, if it were a crime for members of the general public to convince public officials to make certain decisions, I imagine there wouldn't be nearly enough jails to house them all.
If this sounds like an interesting case to you, you'll want to keep an eye out for it because I plan to read it to you all just as soon as it is issued by the Court.
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