Don't you see, someone just has to say "this is not a bribe", and, like magic, they can finagle their way out of their corruption. "Bribery" has a very narrow definition, which conveniently doesn't apply to the corruption in question.
Are there any countries that don't use the quid pro quo definition of bribery? At best, they try to keep a lid on it by capping campaign contributions, but that's not really "bribery is illegal" (if we accept the more liberal definition), more like "there's a limit on how much you can bribe".
There are "bribes" and then there are "bribes as recognized by the law".
We all know bribes happen, but for the law to recognize a bribe as a bribe basically requires the two parties to have a signed and notorized legal document statating that they are knowingly entering into a quid pro quo, and that both parties are aware it's illegal to do so. Anything less than this, and it will never be prosecuted.
As Matt Levine points out, the revolving door often works in more interesting ways.
If you are a bureaucrat, the way to maximise your next paycheck is often to be especially tough on companies (and on the margin push for more complicated rules that you can be an expert in). Simplified, the logic is "See how tough I am, you better give me a good paycheck to make sure I'm playing on your team."
The beauty is: the bureaucrats at the regulator don't even need to consciously think this way. They can be tough out of the ideological and conscientious conviction at the bottom of their heart, and the mechanism that gives them comparatively higher pay afterwards still works. Being tough also raises your profile, when you are but a junior or middling drone.
The logic you are describing might work, but only for the most senior appointees who already have a high profile.
the logic they describe does work. A lot. The Rollback of Dodd-Frank [0]. Recent malpractice reform (in the wrong direction) [1]. Drilling leases [2]. Asbestos. And so on and so on [3].
Tiger's in the house, y'all. And the roof is on fire. And the water is unavailable because it all got sold to nestle [4].
But anything more than 1 vote assigned for your usage is quid pro quo (since you will get to enjoy policies that you "paid" for) when others only get a single vote.
> altering your stance on a given position to maximize donations you'd collect
Money exchanged to alter the conduct of a person in position of power... That sounds familiar. I wonder if there's a name for that?
"Bribe: money or favor given or promised in order to influence the judgment or conduct of a person in a position of trust"
https://www.merriam-webster.com/dictionary/bribe
Don't you see, someone just has to say "this is not a bribe", and, like magic, they can finagle their way out of their corruption. "Bribery" has a very narrow definition, which conveniently doesn't apply to the corruption in question.
It's clearly not a bribe. The politicians change their judgement/conduct BEFORE the money is given or promised (in anticipation of) so it's fine.
..../s (you know, because what's serious these days is hard to tell)
Y'all in the US are so, so cactus haha.
Well, perhaps that's more extortion than a bribe?
"Nice business you have there, would be a shame if I changed my conduct back again, wouldn't it?"
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>Y'all in the US are so, so cactus haha.
Are there any countries that don't use the quid pro quo definition of bribery? At best, they try to keep a lid on it by capping campaign contributions, but that's not really "bribery is illegal" (if we accept the more liberal definition), more like "there's a limit on how much you can bribe".
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Isn't that pretty close to the actual position of your supreme court though?
Whew!
Glad I haven’t been bribing mechanics that work on my car.
I only pay them after the work is done!
1 reply →
There are "bribes" and then there are "bribes as recognized by the law".
We all know bribes happen, but for the law to recognize a bribe as a bribe basically requires the two parties to have a signed and notorized legal document statating that they are knowingly entering into a quid pro quo, and that both parties are aware it's illegal to do so. Anything less than this, and it will never be prosecuted.
Lobbying involves quid-pro-quo: You pass the bill we wrote for ourselves and we give you a cushy consulting job when you leave Congress.
As Matt Levine points out, the revolving door often works in more interesting ways.
If you are a bureaucrat, the way to maximise your next paycheck is often to be especially tough on companies (and on the margin push for more complicated rules that you can be an expert in). Simplified, the logic is "See how tough I am, you better give me a good paycheck to make sure I'm playing on your team."
The beauty is: the bureaucrats at the regulator don't even need to consciously think this way. They can be tough out of the ideological and conscientious conviction at the bottom of their heart, and the mechanism that gives them comparatively higher pay afterwards still works. Being tough also raises your profile, when you are but a junior or middling drone.
The logic you are describing might work, but only for the most senior appointees who already have a high profile.
the logic they describe does work. A lot. The Rollback of Dodd-Frank [0]. Recent malpractice reform (in the wrong direction) [1]. Drilling leases [2]. Asbestos. And so on and so on [3].
Tiger's in the house, y'all. And the roof is on fire. And the water is unavailable because it all got sold to nestle [4].
0 - https://www.npr.org/sections/itsallpolitics/2013/11/11/24397...
1 - https://www.washingtonpost.com/powerpost/in-trump-era-lobbyi...
2 - https://www.cpr.org/show-segment/its-common-for-lobbyists-to...
3 - https://publicintegrity.org/politics/state-politics/copy-pas...
4 - https://kitoconnell.com/2016/09/27/nestle-spent-11m-lobbying...
But anything more than 1 vote assigned for your usage is quid pro quo (since you will get to enjoy policies that you "paid" for) when others only get a single vote.