National Association of Criminal Defense Lawyers and The Heritage Foundation: Audio Recording of Panel discussion, Legislating Chaos: Has Congress Made Playing Hooky A Federal Crime?
On Tuesday, December 8, the Supreme Court will hear oral arguments in two high-profile “honest services” fraud cases, Conrad Black v. United States and Bruce Weyhrauch v. United States. In his often-quoted dissent from denial of certiorari in Sorich v. United States, Justice Scalia wrote: “If the ’honest services’ theory … is taken seriously and carried to its logical conclusion, presumably the statute also renders criminal a state legislator’s decision to vote for a bill because he expects it will curry favor with a small minority essential to his reelection [and] a mayor’s attempt to use the prestige of his office to obtain a restaurant table without a reservation …. Indeed, it would seemingly cover a salaried employee’s phoning in sick to go to a ball game.”
Listen in as the panel members participate in a vigorous discussion of the cases and statute (18 U.S.C. § 1346) that the Supreme Court will be scrutinizing.