Law Commons^™

Trump Impeachment Trials: Mcgahn Supboena And Congressional Oversight, Rebecca Darin Goldberg

Center for the Advancement of Public Integrity (Inactive)

A panel of three D.C. Circuit judges rejected the House Judiciary Committee’s request for testimony from Don McGahn, former White House Counsel, finding that the Committee lacked Article III standing to enforce a congressional subpoena in federal court. Framing the issue as one of separation of powers, the court declined to intervene in what it described as a purely political dispute between the executive and legislative branches. The ruling was a significant setback for the House in their efforts to force the Trump administration to comply with Congressional subpoenas and to yield to Congressional oversight more generally. Interestingly, in March, …

Canadian Corruption And The Snc-Lavalin Affair, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

On February 7, 2019, The Globe and Mail published a report alleging that Canadian Prime Minister Justin Trudeau, together with his aides and cabinet officers, had attempted to improperly influence former Attorney General Jody Wilson-Raybould in the Canadian Justice Department’s prosecution of Montreal construction firm SNC-Lavalin. SNC-Lavalin is a major company, which employs thousands of workers and reported 10 billion Canadian Dollars in revenue in 2018. The charges against them centered around allegations that they had made numerous bribes to Libyan officials from 2001-2011 in order to secure contracts. Due to these charges, SNC-Lavalin faces a potential ban on bidding …

Re-Examining The Line Between Personal And Political Campaign Expenditures: Possible Solutions For A Hazy Statutory Framework, Jeffrey Greenberg

Center for the Advancement of Public Integrity (Inactive)

On Wednesday, May 16, 2018, the Public Integrity Bureau of the New York State Attorney General’s Office indicted Richard Thomas. Thomas, the mayor of Mount Vernon, New York, faced felony charges of grand larceny and filing false statements resulting from the alleged theft of thousands of dollars from his mayoral campaign committee, Friends of Richard Thomas, for meals, automobile payments, and other personal expenses. While Thomas eventually pled guilty to misdemeanor charges and resigned from office, the prosecutors’ choice to use fraud and theft statutes rather than election law violations as the foundation for their theory of the case calls …

The Department Of Defense Office Of Inspector General’S Seven Key Principles For Improving Our Federal Employee Viewpoint Survey Scores, Glenn A. Fine

Center for the Advancement of Public Integrity (Inactive)

Every year, the Office of Personnel Management (OPM) surveys employees throughout the federal government on how they view their organizations. This survey, called the Federal Employee Viewpoint Survey, or FedView Survey, asks federal employees a variety of questions about their views of their organization, managers, supervisors, and senior leaders; whether the employees believe they have the training and tools they need to do their jobs; overall how satisfied they are with their organization; and several other important questions related to employee engagement. The Partnership for Public Service then analyzes the results of the survey and ranks the government organizations on …

Prosecuting Vote Suppression By Misinformation, Chelsea Mihelich

Center for the Advancement of Public Integrity (Inactive)

Following the 2016 U.S. presidential election, concerns about the influence of “fake news” proliferated in the media. Questions abounded regarding the affect social media platforms may have had on the electorate. Election Day 2016 had many in the media pondering: “Did Social Media Ruin Election 2016?” and “Facebook’s failure: did fake news and polarized politics get Trump elected?” Two years after the election, social science scholars were still studying the effect of voters’ consumption of fake news stories leading up to November 8. The current fascination in the U.S. regarding fake news and, relatedly, the role of social media as …

Governance And Public Transparency: The Brazilian Case, Humberto E.C. Mota Filho, Cláudio Nascimento Alradique

Center for the Advancement of Public Integrity (Inactive)

Aiming to provide an overall assessment of the impact of the Constitution of the Federative Republic of Brazil (“CFRB” - which is in effect since 1988), in the construction of a Democratic State of Law, over the past 30 years, this article investigates how the institutional improvements achieved took form, the transformation of the State's role in the enforcement of human rights and individual guarantees, and the changes that took place towards a democratic political culture, both from the perspective of the citizen relating to the State and the citizen relating to the State's external oversight body (“TCU” - Federal …

From The Basketball Court To Federal Court: Perils Of The Prosecutorial Approach To Wire Fraud In The Ncaa Basketball Cases, Paul Tuchmann

Center for the Advancement of Public Integrity (Inactive)

Three similar criminal cases involving college basketball are currently progressing through the Southern District of New York. The first to go to trial, United States v. James Gatto, Merl Code, and Christian Dawkins, No. 17 Crim. 686, culminated in a guilty verdict on October 24, 2018, with all three defendants found guilty on charges of wire fraud and conspiracy to commit wire fraud.

The United States Attorney’s Office for the Southern District of New York alleged that the Gatto defendants participated in a scheme in which the defendants—former Adidas employees Gatto and Code, as well as aspiring sports agent …

Oversight And Enforcement Of Public Integrity – A City-By-City Study: Nashville, Berit Berger, Edward Popovici, Rosie Fatt, Benjamin Bleibert

Center for the Advancement of Public Integrity (Inactive)

Nashville’s identity, at least to an outsider’s eye, is inextricably linked to its musical heritage. But quite apart from its lyrical inclinations, Music City USA also has history of corruption scandals, countered by grassroots efforts of its citizenry to push for a more open and transparent government. The recent corruption charges against ex-Mayor Megan Barry and the “Do Better” law passed at the end of 2018 perfectly exemplify these dueling motifs of corruption and public integrity activism.

Nashville was founded in 1779 under the name of Fort Nashborough. In 1806, Nashville was granted a charter by the Tennessee legislature and …

Report Of The Task Force For The Promotion Of Public Trust: City Of Atlanta, Leah Ward Sears, Derek Alphran, O.V. Brantley, Linda Disantis, William S. Duffy Jr., Robert M. Franklin Jr., Maryanne Gaunt, Lawton Jordan, Don Penovi, Michael T. Sterling, Joseph Wilkinson Jr., Paul Zucca

Center for the Advancement of Public Integrity (Inactive)

The Task Force for the Promotion of Public Trust was formed out of a desire by the Mayor and Atlanta City Council to strengthen the City’s ethical environment and analyze the City’s existing resources pertaining to oversight and investigations currently divided among a number of City agencies. The Task Force was also asked to assess the role of the City’s Independent Compliance Office, a new investigative office created by Ordinance earlier this year. The mandate of the Task Force was to juxtapose an analysis of the operational roles of the multiple offices in Atlanta responsible for investigations, ethics, oversight, audit, …

Tweets, Lobbying, And Loopholes: A Pragmatic Approach To Lobbying Reform, Jackson Rubinowitz

Center for the Advancement of Public Integrity (Inactive)

On May 30, 2019, an unlikely agreement between Rep. Alexandria Ocasio-Cortez and Sen. Ted Cruz appeared to take place on Twitter. Ocasio-Cortez tweeted that members of Congress should be banned from becoming corporate lobbyists or should at least be subjected to a waiting period following their congressional service. Ocasio-Cortez cited a statistic from Public Citizen, in which the advocacy group reported that among former Congress members who move to jobs outside of politics, nearly 60% start lobbying or otherwise influencing federal policy. After Cruz weighed in expressing his agreement with Ocasio-Cortez’s proposal, Ocasio-Cortez proposed a deal to co-lead a bill …

The Guatemalan Presidential Election, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

With current President Jimmy Morales’ term concluding in 2020, the presidential election is currently underway in Guatemala to determine his successor. The Constitution of Guatemala prohibits incumbent presidents from running for a second term and several prominent political figures are competing to replace President Morales, with many accusations about their checkered political past.

Corruption In Basketball: Understanding United States V James Gatto Et. Al., Cara Christina Maines, Edward Popovici

Center for the Advancement of Public Integrity (Inactive)

In United States v. James Gatto et. al., federal prosecutors successfully argued that violations of rules adopted by private associations can form the basis for federal criminal prosecution. The convictions in the Gatto case established that rules promulgated by the National College Athletic Association, the NCAA, could serve as the basis for felony charges of, among others, wire fraud and conspiracy to commit wire fraud. The Gatto trial was part of a much larger investigation by the FBI into NCAA sports corruption. This paper will look at the NCAA investigation with a focus on James Gatto and his associates, …

Proposal For A New State Ethics Commission In New York, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

With the start of the 2019 legislative session, some New York lawmakers are setting their sights on overhauling the state’s current anti-corruption and ethics structure. Since 2000, 30 New York lawmakers have left state office facing criminal or ethical allegations and many more public employees have faced allegations of criminal or unethical conduct and termination of their employment. Leading the effort to overhaul the current system is Senator Liz Krueger, a Democrat from Manhattan, who recently announced her plan to introduce a constitutional amendment that would create a new independent ethics commission to investigate wrongdoing by public officials. The Center …

Seven Additional Principals Of Highly Effective Inspectors General, Glenn A. Fine

Center for the Advancement of Public Integrity (Inactive)

In November 2016, I gave a speech at the annual conference of the Association of Inspectors General about key principles that help to make Inspectors General (IGs) effective. After the speech, Jennifer Rodgers from the Center for the Advancement of Public Integrity at Columbia Law School asked me to convert the speech into an article, which I did. The article entitled, “Seven Principles of Highly Effective Inspectors General,” explained seven principles that I believe apply to the work of IGs at every level of government.

Profile In Public Integrity: Ann Ravel, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Ann M. Ravel was nominated to the Federal Election Commission (FEC) by President Barack Obama on June 21, 2013. After her appointment received the unanimous consent of the United States Senate, Ms. Ravel joined the Commission on October 25, 2013. She served as Chair of the Commission for 2015 and Vice Chair for 2014 before leaving in 2017. Previously, Ms. Ravel served as Chair of the California Fair Political Practices Commission (FPPC), to which Governor Edmund G. Brown, Jr. appointed her. Before joining the FPPC, Ms. Ravel served as Deputy Assistant Attorney General for Torts and Consumer Litigation in the …

Raising The Bar: Reducing Conflicts Of Interest And Increasing Transparency In District Attorney Campaign Fundraising, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

The Center for the Advancement of Public Integrity at Columbia Law School (CAPI) conducted a review of the campaign fundraising practices of Manhattan District Attorney Cyrus Vance, Jr. at his request. Our review, as described in this report, encompassed research on relevant laws, regulations, and guidelines, as well as interviews with relevant stakeholders and subject matter experts, and culminates with recommended improvements to district attorney fundraising policies and procedures that are designed to address the problems of actual conflicts of interest, potential conflicts of interest that raise appearance issues, and unconscious bias, that may arise when campaign contributors also have …

The Corruption And Human Rights Connection: Government Acquiescence In Torture, Edward Popovici

Center for the Advancement of Public Integrity (Inactive)

Corruption has human rights consequences. That was the conclusion of a 2009 study by the International Council on Human Rights Policy and Transparency International and it is a conclusion that the 9th Circuit implicitly reached in Parada v. Sessions, a review of a dismissal of asylum case decided on August 29th, 2018. Despite the fact that such a conclusion enjoys widespread support, courts have been slow to recognize the relationship between corruption and human rights abuses. Parada v. Sessions represents an effort by the 9th Circuit to give legal cognizance to the corruption-human rights link. The holding of the …

Corruption By Card: How Police Association Cards Allow Law Enforcement To Cloak Self-Dealing As Discretion​, Andrew Kuntz

Center for the Advancement of Public Integrity (Inactive)

Law enforcement abuse their discretion by providing favorable treatment to individuals that demonstrate a relationship to the law enforcement community. Private organizations affiliated with law enforcement have capitalized on this by creating association cards which are distributed by members to friends, family members, and others. Card holders present the card during encounters with law enforcement to signal that they have a relationship with law enforcement, with the expectation that they will receive favorable treatment. Though the cards have no formal authority behind them, strong norms in the law enforcement community punish officers that fail to honor them. Because the cards …

The Constitution Comes To The County Unit: Georgia’S State Level Electoral College, David Crockett

Center for the Advancement of Public Integrity (Inactive)

As Prof. Akhil Amar outlines in his work, America’s Constitution: A Biography, the Philadelphia Plan and its outline of a stronger executive power inspired replication on the state level. States from Massachusetts to Georgia strengthened the power of their governors, with many granting them independent elections and a veto pen. Over time, most states replicated the Federal terms of office, and currently all but two states hold quadrennial gubernatorial elections balanced with biennial or other staggered legislative terms. Yet, even as many states replicated features of Article II, from the veto to the establishment of “supreme executive power,” nearly …

Transformative Change At Rikers Island And Beyond: The Department Of Investigation’S Campaign To Clean Up The Nyc Department Of Correction, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Since 2014, Commissioner Mark G. Peters has led the New York City Department of Investigation (DOI) in a wide-ranging campaign to root out fraud, waste, and abuse in the Department of Correction (DOC), focusing primarily on problems in the areas of DOC leadership and the city jails on Rikers Island. This heightened scrutiny came in response to revelations of widespread abuse in New York City’s jails–especially on Rikers Island. As a result of DOI’s efforts, over three dozen correction officers and other DOC staff have been arrested since 2014, and DOC top leadership has been replaced. As recently as February …

Funding Integrity: Comparing Inspector General Funding Approaches, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

It is a truth universally acknowledged that inspectors general require adequate funding to effectively perform their duties. Whether or not funding is adequate depends on the funding mechanism, but no particular method for budgetary allocations is used universally. CAPI reviewed different approaches throughout the country to better understand how budgets for inspectors general offices are set. This issue brief describes four different budget approaches used in various jurisdictions and examines their pros and cons. The Appendix lists the offices examined and provides information on their funding methods.

A Diagnostic Of Urban Corruption In Mexico, Ana Grajales, Paul Lagunes, Tomas Nazal

Center for the Advancement of Public Integrity (Inactive)

In spite of the promises of urban life, cities are no panacea. Their governments have been known to promote policies that disadvantage the poor and other vulnerable residents (Piccato 2001). In the developing world, urban population growth can result in overcrowding (Abu-Lughod 2004), and the worsening of environmental problems (Molina and Molina 2002). Criminality and violence are additional concerns (Caldeira 2000 ; Moncada 2009). In Mexico, between 2006 and 2017, more than one-hundred mayors were murdered in the context of an ongoing drug war (Valencia 2017).

The New York State Commission On Prosecutorial Conduct, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

On August 20th, 2018, Governor Cuomo signed into law a bill that created the nation’s first state commission on prosecutorial conduct (the “Commission”). Since its inception, the law has elicited strong opposition from prosecutors and prosecutorial groups and equally fervent advocacy among members of the New York defense bar and other supporters. Supporters claim that the law is an invaluable tool in the fight against unethical prosecutorial conduct, while opponents such as the District Attorneys Association of the State of New York (“DAASNY”) claim that the law violates both the New York State and U.S. Constitution. On October 17, 2018, …

Implementation Of The Global Magnitsky Act, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

The Global Magnitsky Act is an expansion of the Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012 (the “Magnitsky Act”). The original statute enabled the U.S. government to sanction individuals from the Russian Federation for torture, extrajudicial killings, and other human rights violations. The bill was named after Sergei Magnitsky, a Russian lawyer who died in prison from police abuse and neglect after exposing fraud by members of the Russian government. The Global Magnitsky Act expands the scope of potential sanctions from covering just Russian nationals to covering persons worldwide who engage in …

Corruption And The 2018 Mexico Election, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

The 2018 Mexican election was the largest in the country’s history, with more than 3,400 legislative seats open nationwide in addition to the presidency. The election, held on July 1, 2018, presented voters an opportunity to voice their frustration with the ongoing corruption scandals in Mexico’s government.

The Netanyahu Investigations, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Benjamin Netanyahu is the current and longest serving Israeli Prime Minister. He has held office for 12 years, most recently from 2009 to present, and previously between the years of 1996 and 1999. As chairman of the right-wing Likud Party, Prime Minister Netanyahu has led a conservative and defense focused coalition in Israel’s parliament. His career in public service has also included time spent as the Minister of Finance from 2003-2005, the Minister of Foreign Affairs from 2002-2003, and as Ambassador of Israel to the United Nations from 1984-1988.

United States V. Pawlowski: Prosecuting Corruption In A Post-Mcdonnell World, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Edwin “Ed” Pawlowski is the former mayor of Allentown, Pennsylvania. Pawlowski first became mayor in 2006, and he held the office until his resignation on March 9, 2018, when he was found guilty of 47 charges in total:

• one count of conspiracy,
• eleven counts of federal program bribery,
• two counts of attempted extortion,
• six counts of mail fraud,
• nine counts of wire fraud,
• two counts of honest services mail fraud,
• six counts of honest services wire fraud,
• seven counts of making false statements to federal officials,
• and three counts of Travel Act bribery.

The Aftermath Of The Senator Menendez Trial And Implications For Bribery Cases, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Robert “Bob” Menendez is a United States Senator from New Jersey. He was appointed to the Senate in 2006, and is the senior Democrat on the Senate Foreign Relations Committee, having been reinstated after his recent criminal trial. He is also a member of the Senate Banking, Housing, and Urban Affairs Committee and the Finance Committee. Between 1993 and 2006, Menendez represented New Jersey’s 13th district in the United States House of Representatives.

Profile In Public Integrity: Jaime Torres Melo, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Jaime Torres-Melo is the Veedor (Ombudsman) of the city of Bogotá. The Veeduría Distrital is responsible for citizen oversight, corruption prevention, procurement controls, accountability and handling complaints and claims in the district and local administrations within the city. The agency seeks to promote citizen oversight, improve public management in Bogotá and increase the efficiency and effectiveness of public policies. Jaime holds a MSc. in Development Management from The London School of Economics (LSE). Jaime has been a professor at several universities and held a number of positions within the non-governmental sector and the Colombian government, among other roles.

Profile In Public Integrity: Karl Racine, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Attorney General Karl A. Racine is the first elected Attorney General of the District of Columbia. With his inauguration at the beginning of 2015, the Office of the Attorney General (OAG) began an era of independence for the agency and accountability to District residents. As the chief legal officer for the District of Columbia, Attorney General Racine relies on his prior legal and leadership experience as a public defender and the first African-American managing partner of a top-100 US law firm, Venable LLP, to advise the Mayor and District agencies, defend the city in court and use the law to …