Gingrich Promise to appoint Bolton to SoS Breaks the Law

[jefferson_dem]

Gingrich Promise Breaks the Law

Newt Gingrich promised he would ask former U.N. Ambassador John Bolton "to be his secretary of state if he's elected president next year," the Washington Times reports.

Unfortunately, naming individuals you would appoint to office before the election is apparently illegal. Here's Title 18, Part I, Chapter 29, Section 599 of the U.S. Code:

"Whoever, being a candidate, directly or indirectly promises or pledges the appointment, or the use of his influence or support for the appointment of any person to any public or private position or employment, for the purpose of procuring support in his candidacy shall be fined under this title or imprisoned not more than one year, or both; and if the violation was willful, shall be fined under this title or imprisoned not more than two years, or both."

http://politicalwire.com/archives/2011/12/07/gingrich_promise_breaks_the_law.html#disqus_thread

[EC]

1. So who presses these charges?

Let's get him in jail for the next year.

[Life Long Dem]

2. Keep on talking Newt.

Mitt will be waiting on the side lines while another one bites the dust.

[Proud Liberal Dem]

3. Whoops!!!!

Didn't some other candidate do this too? Oh yeah, Cain was talking about appointing Kissinger. :eyes:

[zbdent]

4. TiffaNewt don't need no steeenkin' law ...

He's a Repugniconvict!

[COLGATE4]

5. No, he only violates the law if he made mention of this "for the

purpose of procuring support for his candidacy". Try and prove that in court.

[former9thward]

6. That is actually not remotely illegal.

The Rs tried to use this provision against Obama in 2008 when he promised he would appoint Gore to a cabinet position "or something higher'. It went nowhere. Candidates are allowed to speculate on cabinet picks. In order to violate this law the "for the purpose of procuring support in his candidacy" element has to proved. That is next to impossible.

[onenote]

8. Agreed

In fact, arguably the provision only comes into play when someone pledges to appoint someone (or to use their influence to get someone appointed) in return for that person's support of their candidacy. In other words, its to prevent jobs being offered as bribes for political support. If its okay for a candidate to pledge to take a particular position or take a particular action (such as ending a war, repealing an executive order, appointing pro-choice (or anti-abortion) judges to get support from the public at large, why would it be unlawful to pledge to name a particular person to a job in order to get general public support? Again, I believe the purpose of this provision is to prevent a candidate from making a deal with an individual that trades a job for that individual's vote or support.

[Enrique]

9. silly post by Teagan Gaddard

this law is about quid pro quo, not about name-dropping, which is what Newt is doing. This group loves Bolton, so Newt says "Bolton" so they'll like him.

[Old Codger]

7. Totally

Toothless statute, have to prove intent........ never happen

Edited to add: Get him on tape promising the job for support would be a big help.. other than that ???