How Corruption Got This Bad

“Isn’t that illegal?” That’s a question I get asked a lot as a former federal prosecutor.

Donald Trump, his family, and members of his administration are most often the inspiration.

Last year, the Qataris gave the U.S.

Defense Department a $400 million luxury jumbo jet for the president’s use, which he plans to take with him to his presidential library when he leaves office.

Then Trump gave Qatar NATO-like security guarantees.

Does that sound like a bribe? Exactly four days before Trump was inaugurated for the second time, the Emiratis invested $500 million in the Trump-family crypto business.

Four months later, Trump green-lighted selling them advanced AI chips, which the Biden administration had blocked out of fear that they would fall into the hands of the Chinese.

Same question.

But even though I hear “Isn’t that illegal?” a lot more than I used to, it isn’t a new question.

Former Agriculture Secretary Mike Espy and former Virginia Governor Robert McDonnell, a Democrat and a Republican, both took lavish gifts from individuals and entities seeking their help and made national news when they were prosecuted for it.

Surely that was illegal? Common sense notwithstanding, however, the answer is no .

Neither Espy nor McDonnell were held accountable, and even Trump’s seemingly egregious misbehavior likely can’t be prosecuted.

That’s because starting in the 1980s, the Supreme Court has interpreted anti-corruption laws in ways so narrow as to effectively legalize flat-out corruption.

These decisions put whole categories of politicians’ conduct beyond a prosecutor’s reach.