Saturday, May 29, 2010

Bricks to: The White House and the Administration over the Congressman Joe Sestak matter

Here's how White House Counsel Robert Bauer describes the activity associated with allegations about efforts by the White House to impact Congressman Joe Sestak's decision to proceed with his primary race for the Senate seat in Pennsylvania.

And below are the laws that several Republicans claim may be broken by these overtures in a letter they sent to the FBI:

Sec. 600. Promise of employment or other benefit for political
activity

Whoever, directly or indirectly, promises any employment,
    position, compensation, contract, appointment, or other benefit,
    provided for or made possible in whole or in part by any Act of
    Congress, or any special consideration in obtaining any such
    benefit, to any person as consideration, favor, or reward for any
    political activity or for the support of or opposition to any
    candidate or any political party in connection with any general or
    special election to any political office, or in connection with any
    primary election or political convention or caucus held to select
    candidates for any political office, shall be fined under this
    title or imprisoned not more than one year, or both.

                                AMENDMENTS                            
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $10,000".
      1976 - Pub. L. 94-453 substituted $10,000 for $1,000 maximum
    allowable fine.
      1972 - Pub. L. 92-225 struck out "work," after "position,",
    inserted "contract, appointment," after "compensation," and "or any
    special consideration in obtaining any such benefit," after "Act of
    Congress,", and substituted "in connection with any general or
    special election to any political office, or in connection with any
    primary election or political convention or caucus held to select
    candidates for any political office" for "in any election".

                     EFFECTIVE DATE OF 1972 AMENDMENT                 
      Amendment by Pub. L. 92-225 effective Dec. 31, 1971, or sixty
    days after date of enactment [Feb. 7, 1972], whichever is later,
    see section 408 of Pub. L. 92-225, set out as an Effective Date
    note under section 431 of Title 2, The Congress.



Sec. 211. Acceptance or solicitation to obtain appointive public
office

Whoever solicits or receives, either as a political contribution,
    or for personal emolument, any money or thing of value, in
    consideration of the promise of support or use of influence in
    obtaining for any person any appointive office or place under the
    United States, shall be fined under this title or imprisoned not
    more than one year, or both.
      Whoever solicits or receives any thing of value in consideration
    of aiding a person to obtain employment under the United States
    either by referring his name to an executive department or agency
    of the United States or by requiring the payment of a fee because
    such person has secured such employment shall be fined under this
    title, or imprisoned not more than one year, or both. This section
    shall not apply to such services rendered by an employment agency
    pursuant to the written request of an executive department or
    agency of the United States.

                             PRIOR PROVISIONS                         
      A prior section 211, act June 25, 1948, ch. 645, 62 Stat. 693,
    related to an offer of a gratuity to a revenue officer, prior to
    the general amendment of this chapter by Pub. L. 87-849 and is
    substantially covered in revised section 201.

                                AMENDMENTS                            
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $1,000" in two places.
      1951 - Act Sept. 13, 1951, inserted second paragraph.

Sec. 595. Interference by administrative employees of Federal,
State, or Territorial Governments

Whoever, being a person employed in any administrative position
    by the United States, or by any department or agency thereof, or by
    the District of Columbia or any agency or instrumentality thereof,
    or by any State, Territory, or Possession of the United States, or
    any political subdivision, municipality, or agency thereof, or
    agency of such political subdivision or municipality (including any
    corporation owned or controlled by any State, Territory, or
    Possession of the United States or by any such political
    subdivision, municipality, or agency), in connection with any
    activity which is financed in whole or in part by loans or grants
    made by the United States, or any department or agency thereof,
    uses his official authority for the purpose of interfering with, or
    affecting, the nomination or the election of any candidate for the
    office of President, Vice President, Presidential elector, Member
    of the Senate, Member of the House of Representatives, Delegate
    from the District of Columbia, or Resident Commissioner, shall be
    fined under this title or imprisoned not more than one year, or
    both.
      This section shall not prohibit or make unlawful any act by any
    officer or employee of any educational or research institution,
    establishment, agency, or system which is supported in whole or in
    part by any state or political subdivision thereof, or by the
    District of Columbia or by any Territory or Possession of the
    United States; or by any recognized religious, philanthropic or
    cultural organization.

                                AMENDMENTS                            
      1994 - Pub. L. 103-322, Sec. 330016(1)(L), which directed the
    amendment of this section by substituting "under this title" for
    "not more than $10,000", could not be executed because the phrase
    "not more than $10,000" does not appear in text.
      Pub. L. 103-322, Sec. 330016(1)(H), substituted "fined under this
    title" for "fined not more than $1,000" in first par.
      1970 - Pub. L. 91-405 substituted reference to Delegate from
    District of Columbia or Resident Commissioner for Delegate or
    Resident Commissioner from any Territory or Possession.

                     EFFECTIVE DATE OF 1970 AMENDMENT                 
      Amendment by Pub. L. 91-405 effective Sept. 22, 1970, see section
    206(b) of Pub. L. 91-405, set out as an Effective Date note under
    section 25a of Title 2, The Congress.
 
 
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