New Blagojevich Cert. Petition Scheduled for Supreme Court Conference on April 13 Raises Circuit Split over When Campaign Contributions Can Violate Federal Anticorruption Laws

Docket.  Here’s the question presented:

When the Government prosecutes a public official for soliciting campaign contributions in alleged violation of  the Hobbs Act or other federal anticorruption laws, must the Government prove the defendant made an “explicit promise or undertaking” in exchange for the contribution, McCormick v. United States, 500 U.S. 257, 273 (1991) (emphasis added), as five circuits require, or “only . . . that a public official has obtained a payment . . . knowing that [it] was made in return for official acts,” Evans v. United States, 504 U.S. 255, 268 (1992), as three other circuits hold?

It’s a meaty issue, but I don’t have a good sense whether or not the Court will bite.

Share this: