There’s no doubt Minor committed bribery under Mississippi law, since he gave things of value to an official “with intent to influence his vote, opinion, action or judgment on any question, matter, cause or proceeding which may be then pending, or may be thereafter subject to vote, opinion, action or judgment” of the official. Miss. Code Ann. § 97-11-11 (1972). The problem comes when you add on additional federal issues, such as that pesky “specific intent to give or
receive something of value in exchange for an official act” language in Sun-Diamond.

Frankly, I’d be surprise if the SCOTUS really trashed “honest services” convictions. In the past few years, the Court has several times reaffirmed the broad language of RICO, laying the blame for any excessive coverage at the feet of Congress. I’m betting they’ll do the same in the upcoming cases.

Fifth Circuit overturns “federal program bribery” convictions of Paul Minor, Wes Teel and John Whitfield in Mississippi, leaves intact other convictions [Overlawyered and links there] “The Harvard Law School Guide to Conservative/Libertarian Public…