George Will had a surprising article in the Washington Post over the weekend on the Don Siegelman cert petition that was filed at the beginning of the month. Siegelman, the former governor of Alabama was convicted of bribery in 2006, along with Richard Scrushy, former Chief Executive of Health South. Will posited that the Supreme Court should find that the quid pro quo for a bribery conviction must require explicit proof, not a mere inference. Otherwise, Will argues, the line blurs between the exercise of a constitutional right and the commission of a crime.
Scrushy’s cert petition is due to be filed shortly. Because of the split of authority among the circuits on this issue, I believe this one is headed for resolution by the Supreme Court.