An Appeal to Remember

National Association of Criminal Defense Lawyers and The Heritage FoundationAudio 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.

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