Espy Is Acquitted on Gifts Received While in Cabinet nytimes.com
But a federal appeals court in Washington overturned the conviction of Sun Diamond and the case is on appeal to the U.S.Supreme Court, one of the remaining items of business for Smaltz's office. The case involves the meaning of the unlawful gratuity statute, which makes it a crime to give, offer or promise "anything of value" to a public official "because of any official act performed or to be performed."
Smaltz had argued that the law was violated anytime a gift was motivated by the recipient's official position.
But in overturning the conviction last March, the Court of Appeals for the District of Columbia Circuit said the gift had to be motivated not only by the recipient's position, but by some official act, either a reward for a past act, or an inducement for a future one.
Espy was charged with violating the same statute, receiving an illegal gratuity. In presenting 70 witnesses over nearly two months, Smaltz portrayed Espy as eager to ask companies he regulated for hard-to-get tickets to sporting events, including the U.S. Open tennis tournament, and games played by the Dallas Cowboys football team and the Chicago Bulls basketball team.
Espy was not charged with bribery but under the gratuity law, with taking about $34,000 worth of tickets and other favors like luggage. Espy did not take the stand and presented no witnesses in his defense, resting his case after the prosecution presented 70 witnesses.
Ted Wells, one of Espy's lawyers, sought to demolish Smaltz's case during closing argument to the jury that the prosecution presented no witnesses who testified his client ever made a decision based on anything he ever received. He said that many of the gifts Espy received were the result of longstanding friendships with people who were lobbyists and that the law allowed federal officials to accept items in those circumstances.
So what do you guys think all those expensive luxury boxes in all the new taxpayer-financed stadiums are for, anyway? Personally, I think the whole thing sounds like small potatoes compared to the general campaign finance cesspool. Of course, we know that's just a Democratic problem, the Republicans, who in general have much more money, come by it all honestly, with no strings attached. That's why the Republican National Senate Committee spared no effort going after my neighbor Russ Feingold, to kill campaign finance reform. Feingold suckered that McCain guy into putting his name on that bill, the Republican leadership had the national interest at heart in keeping it bottled up.
Cheers, Dan. |
