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67 DePaul L. Rev. 705 (2017-2018)
Something More: Official Action after McDonnell v. United States

handle is hein.journals/deplr67 and id is 731 raw text is: SOMETHING MORE: OFFICIAL ACTION AFTER McDONNELL v. UNITED STATES Matthew T. Ciulla* INTRODUCTION Public corruption cases often feature tawdry tales of government officials receiving lavish gifts, over-the-top luxury vacations, and even cash in exchange for conveying a perceived official benefit to the gift- giver.' One such case, McDonnell v. United States, featured scintillat- ing tales of a governor receiving Ferraris, Rolexes, and ball gowns while hosting extravagant parties for his benefactors.2 No matter how dazzling the facts, however, the technical aspects of these cases also showcase issues with our federal criminal justice sys- tem. Resolving these issues is important, as a wide array of public corruption statutes are available to federal prosecutors, but these stat- utes have been narrowed by the judiciary on numerous grounds.3 McDonnell highlighted one such issue: the ill-defined official act requirement in the federal bribery statute.4 In the case, the Supreme Court ultimately held that a public official arranging a meeting in ex- change for a thing of value, without more, does not constitute an official act for bribery purposes.5 This holding alarmed some com- mentators, who focused on the tawdry nature of the case.6 For exam- ple, one commentator wrote that the Court set a new standard for * Juris Doctor, Notre Dame Law School, 2017; Bachelor of Science, Vanderbilt University, 2014. The author thanks professor Stephen F. Smith for his insight on this Article and all things criminal law, and the DePaul Law Review staff for their edits and hard work. 1. See, e.g., McDonnell v. United States, 136 S. Ct. 2355, 2375 (2016) (But our concern is not with tawdry tales of Ferraris, Rolexes, and ball gowns.); Andrew Lopez, Ex-Moreno Valley Councilman to Plead Guilty in $2.3M Bribery Case, NBC4 Los ANGELES (Nov. 5, 2013, 1:03 PM), http://www.nbclosangeles.com/news/local/Moreno-Valley-Corruption-Bribery-Councilman- IRS-230703501.html (councilman accepting $2.3 million bribe). 2. See, e.g., Amy Davidson Sorkin, The Supreme Court's Bribery-Blessing McDonnell Deci- sion, NEW YORKER, Jun. 27, 2016, http://www.newyorker.com/news/amy-davidson/the-supreme- courts-bribery-blessing-mcdonnell-decision; see also McDonnell, 136 S. Ct. at 2375. 3. See generally John S. Gawey, Note, The Hobbs Leviathan: The Dangerous Breadth of the Hobbs Act and Other Corruption Statutes, 87 NOTRE DAME L. REv. 383, 417-18 (2011). 4. See 18 U.S.C. § 201(a)(3) (2006) (defining official act); see generally McDonnell, 136 S. Ct. at 2367-71. 5. McDonnell, 136 S. Ct. at 2371-72. 6. See, e.g., Sorkin, supra note 2; see also McDonnell, 136 S. Ct. at 2375. 705