The abstract of “Percoco v. United States – Navigating Between ‘Politics As Usual’ and Sacks of Cash,” on SSRN and forthcoming in Yale L.J. Forum:

In Percoco v. United States, as in other recent cases, the Court’s interest in avoiding prosecution of “normal politics” led it to deploy broad rationales that could threaten cases against far more egregious conduct. Because, even as it reverses convictions, the Court itself suggests alternative means of pursuing the underlying conduct and lower courts – far more engaged with the facts of actual cases – are often quite ready to follow the government’s lead through the thicket of available statutes, it is far from clear that corruption prosecutions have been seriously impeded. But the Court’s message of restraint remains potent, and its consequences remain to be seen.