In an editorial today, the Washington Times is calling for an investigation by the Justice Department into two potentially serious violations of federal law by officials in the Obama White House, including Deputy White House Chief of Staff Jim Messina. Rep. Joe Sestak (D., Pa.) claims he was offered a high-ranking job in the administration if he would withdraw his challenge to Sen. Arlen Specter (D.? R.?, Pa.) in the Pennsylvania primary election. The speculation is that the post would have been the secretary of the Navy, since Sestak is a retired admiral. According to the Denver Post, Messina is said to have offered a job in the U.S. Agency for International Development to Colorado state House Speaker Andrew Romanoff if he would withdraw his primary challenge to Sen. Michael Bennet (D., Colo.), who was appointed when former Sen. Ken Salazar became President Obama’s secretary of the Interior.
Both the Washington Times and Jeffrey Lord at The American Spectator point to a possible violation of 18 U.S.C. § 211, which prohibits the solicitation or receipt of anything 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.” But there are other federal statutes that may also be applicable to these actions by the White House. For instance, 18 U.S.C. § 595 prohibits any person employed in any administrative position by the United States “in connection with any activity which is financed…by the United States…us[ing] his official authority for the purpose of interfering with, or affecting, the nomination or the election of any candidate for the office of…Member of the Senate.” The possible administration jobs dangled before these candidates would obviously be financed by the United States, so offering such a job in order to interfere with the election process for the Senate races in Pennsylvania and Colorado would likely violate this statute.
Moreover, the Justice Department has a handbook on the prosecution of election offenses published by the Criminal Division that it distributes to all of its federal prosecutors. That handbook specifies that prosecutors can also use 18 U.S.C. § 600 to prosecute corrupt public officials who use “government-funded jobs or programs to advance a partisan political agenda.” This federal statute make it unlawful for anyone to “directly or indirectly, promise […] any employment, position, compensation, contract, appointment, or other benefit” to any person as a “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 primary election” (emphasis added).
If Messina and other White House officials violated this statute, they could be fined $10,000 and spend up to a year in federal prison. The White House has denied these claims, although it should be noted they were made by fellow Democrats, not Republicans. The real question, of course, is whether Eric Holder, who was so quick to reopen an investigation into CIA employees dedicated to trying to protect this country, will open an investigation into his political patrons in the White House who, in their dedication to furthering political objectives, may have violated several federal criminal laws.






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