Wednesday, July 26, 2006

A case called U.S. v. Valdes before the U.S. Circuit Court, involves a police officer who accepted cash to mine a database accessible only to law enforcement. A positive decision by the court could have far-reaching implications, further impeding prosecutors’ ability to convict public officials who accept gifts and favors from private parties. The ruling would open a wide window for the legal rewarding of public officials for performing actions available to them because of their position but lacking the “degree of formality” required to meet the statutory definition of official acts or the explicit quid pro quo required by the bribery statute.

In other words, if a public official receives money from a citizen for performing a particular act while on the job a court would deem outside the formal work of the official, it would not be against the law. This is a very weak position to take, especially for Congresspeople, for the loophole would be able to be abused very easily. Why should we allow an easy way to curry favor for an individual act from a public servant while on duty? That public servant is a representative of the people, not a favor for an individual citizen!

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