US Supreme Court says it’s only a bribe if it’s paid before the official acts, otherwise it’s a legal tip
When you get great service at a restaurant, you leave a tip to thank the wait staff for good service.
When you get a government contract, it’s apparently legal to tip your local officials to thank them for sending you a raft of taxpayer money.
In June, the Supreme Court ruled in Snyder v. United States that gifts given to elected officials for past acts do not constitute bribes, and thus do not violate a federal law known as Section 666.
In the case at hand, former Portage mayor James Snyder was convicted for receiving $13,000 from a company that had received a $1 million contract for new garbage trucks, ostensibly for consulting services.
The Supreme Court said that because the gift was given after the fact, it was not considered a bribe, and thus legal and his conviction was overturned.
However, in the majority opinion, Justice Brett Kavanaugh stated “Section 666 proscribes bribes to state and local officials, while allowing state and local governments to regulate gratuities to state and local officials. Within Constitutional bounds, Congress can always change the law if it wishes to do so.”
And Rep. Jeff Jackson (D-NC) is in the process of doing just that, composing the “No Gratuities for Governing Act of 2024,” which would ban such gifts to government officials.
There is little difference between cash given before or after the fact in exchange for services, especially when taxpayer money is involved. There is a reason the law prevents bribes. As taxpayers, we expect our government officials to be stewards of our money. And with regards to government contracts, that means showing no favoritism other than choosing the lowest bidder for services.
Bribes or gratuities, either way, are a form of graft and corruption, directing taxpayer money not to the lowest bidder, but the most politically-connected. As a result, it can result in waste, fraud and abuse with our money, directing that money to the highest under-the-table bidder.
We call upon the entire Indiana Congressional delegation to support and co-sponsor Rep. Jackson’s bill and promote transparency in government. In addition, we call upon the Indiana General Assembly to pass its own bill to fill any loopholes.
A government that serves the people needs to be free of bribery and corruption – whether those bribes are given before or after the fact.
In Liberty,
Evan McMahon, Chair
Libertarian Party of Indiana