“Who Tried to Bribe Rep. Smith?”

Timothy Noah of Slate offers this analysis of reports relating to carrots and sticks allegedly put in front of Rep. Nick Smith to get his vote on the recent Medicare bill. Noah suggests that if the facts as reported in the press are true, this may be a violation of federal bribery law and I think he’s right. I am less sure as to whether the threats not to support Smith’s son for office, who is running to succeed him, would be prosecutable under some kind of extortion statute such as the Hobbs Act.
UPDATE: Beth Garrett suggests here that if all the statements were made on the House floor, any prosecution might be barred by the Constitution’s Speech or Debate Clause.

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