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Politics : Bill Clinton Scandal - SANITY CHECK
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To: Bill who wrote (17596)12/7/1998 11:39:00 AM
From: Daniel Schuh  Read Replies (4) of 67261
 
The [Sun Diamond] 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. . . .

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. nytimes.com

So now it's Orenthal Simpson instead of OJ, eh, Bill? Would you care to comment on the more straightforward explanation of the Espy acquittal? Or do you believe that there should have been jury nullification in the other direction in this case?
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