Troy King, Roy Johnson And Scrushelman

Remember when Scrushelman was convicted of bribery, he had this to say:

“If I’m really guilty of this, then every other person in public office better look out. I mean, everybody’s raising money and putting people on boards and commissions,” Siegelman said.

The reason for this statement is that while bribery requires a quid pro quo, that does not mean there must be evidence of an explicit agreement. The jury is free to infer from the party’s actions that one thing was given in return for the other.

Meanwhile, politics could easily be defined as the exchange of favors. No-one donates money without expecting something in return. And no-one asks for it without at least hinting that good will follow. So, in theory, just about any politician or donor could at any time be indicted for bribery.

In the Scrushelman case, 1) Scrushy made a campaign donation to Siegelman, and 2) Siegelman appointed Scrushy to a powerful state regulatory board.  The jury concluded from these facts, as it is allowed to do, that Siegelman made the appointment in exchange for the donation, and Scrushy made the donation in exchange for the appointment. Hence, bribery convictions.

Now consider yesterday’s news about Troy King and Roy Johnson:

 Alabama Attorney General Troy King asked Roy Johnson late last year to hire a friend’s mother while King’s office was investigating the state’s two-year college system and Johnson, its chancellor.

Bribery? Remember, the jury is allowed to infer the corrupt intent. In this situation you have King leading an investigation into Johnson’s actions as chancellor and then asking Johnson for a personal favor. Imagine how a mouse would feel when the cat under whose paws he lies asks the mouse for a favor, and you will get some sense of Johnson’s position.  I think a jury could infer that either King used the prosecution as a carott, promising to slack off if Johnson hired the friend, or else he used it as a stick, threatening to increase the intensity unless Johnson hired the friend.

Now I’m not saying that is what happened. I think King is an idiot, and this situation is more evidence in support of that conclusion, but I don’t think he is corrupt. He probably just did not realize how incredibly improper his request was. Still, the facts are there, and I do think an overzealous prosecutor – someone like Troy King – could seek an indictment.

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