Sanctioned Anarchy: Elected Officials And Lawlessness

In a 2019 survey, 28% of Americans said they believed a sizable minority of elected officials break the law or abuse their powers, while 12% thought almost all officials do so. While the consequences vary depending on the nature of the transgression and the office held, there are several ways to hold elected officials accountable for breaking the law. These include impeachment and removal from office, criminal and civil penalties, censure and reprimand, loss of public trust, disqualification from future office, and prosecution and internal discipline. However, it is worth noting that government officials often get away with breaking the law, and the informal blue wall of silence can make it difficult to pursue legal action.

Criminal charges for bribery, fraud, or abuse of power

Elected officials are expected to uphold the Constitution and protect the integrity of the nation. However, in some cases, they may sanction breaking the law, which can have serious consequences. One such example is criminal charges for bribery, fraud, or abuse of power.

Bribery

Bribery is a form of corruption where an official accepts or solicits something of value in exchange for influencing an official act. This can include offering or accepting bribes, as well as providing gratuities to curry favour with public officials. Bribery convictions can result in up to 15 years in prison and are considered a serious breach of trust.

Fraud

Fraud is another prevalent form of public corruption, often involving deception or misrepresentation for personal gain. This can include financial fraud, such as embezzlement or misuse of funds, or fraud related to elections, such as voter fraud or campaign finance violations. Fraud convictions can result in significant penalties, including fines and imprisonment.

Abuse of Power

Abuse of power refers to the misuse of an official's position or authority for personal gain or to cause harm to others. This can include acts such as extortion, coercion, or obstruction of justice. Abuse of power undermines the trust placed in elected officials and can have far-reaching consequences for those they are meant to serve.

Consequences and Prevention

The consequences for elected officials who engage in criminal acts of bribery, fraud, or abuse of power can be severe. In addition to criminal charges, they may face impeachment, censure, and disqualification from holding future office. These measures are in place to hold officials accountable and reinforce the principle that no one is above the law.

To prevent and mitigate these forms of corruption, various remedies have been proposed, including increasing transparency in government processes, improving training and oversight, and strengthening ethics guidelines. By addressing these issues, the integrity of the democratic process can be preserved, and the public's trust in their elected officials can be restored.

Impeachment and removal from office

Impeachment is the process of bringing charges against a government official for wrongdoing. The United States Constitution grants the House of Representatives the "sole Power of Impeachment" and the Senate the "sole Power to try all Impeachments". The president, vice president, and all civil officers of the United States are subject to impeachment and removal from office.

The impeachment process begins with the House of Representatives, which approves articles of impeachment by a simple majority vote. If approved, the articles are sent to the Senate, which sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official. A two-thirds vote of the Senate is required to convict and remove an official from office. The official may also be barred from holding public office in the future.

The Constitution outlines the grounds for impeachment as "treason, bribery, or other high crimes and misdemeanors". The definition of "high crimes and misdemeanors" has long been debated and is determined by political interests, changing institutional relationships, and legislators' interactions with the public.

Impeachment is a crucial tool for holding government officials accountable for violations of the law and abuses of power. It ensures that no one is above the rule of law and reinforces the principle that elected officials are subject to the laws they enforce.

Since 1789, about half of Senate impeachment trials have resulted in conviction and removal from office. Notable impeachments include those of Presidents Andrew Johnson, William Jefferson Clinton, and Donald John Trump, who all remained in office following acquittals by the Senate.

Civil penalties and internal discipline

In the United States, civil penalties for elected officials who break the law can include fines, imprisonment, or both. These penalties reinforce the principle that elected officials are subject to the same laws as the citizens they represent. For instance, acts such as bribery, fraud, or abuse of power can result in prosecution and subsequent penalties.

Internal discipline procedures for elected officials often involve investigations and consequences imposed by the relevant government body or legislative branch. In the case of law enforcement officers, internal discipline processes may be initiated, but these are often criticised for lacking teeth and not resulting in meaningful outcomes.

Additionally, the doctrine of qualified immunity further complicates civil liability for government officials. This doctrine protects officials from civil lawsuits if their conduct does not violate "clearly established statutory or constitutional rights." However, this has been criticised for allowing officials to avoid accountability even in cases of blatant illegality.

The Office of Foreign Assets Control (OFAC) within the U.S. Department of the Treasury also plays a role in imposing civil penalties. OFAC administers sanctions programmes that use asset blocking and trade restrictions to achieve foreign policy and national security goals. These sanctions can be comprehensive or selective, depending on the situation.

While civil penalties and internal discipline are important tools for accountability, public opinion and media scrutiny also serve as informal sanctions. Citizens and the media can hold officials accountable by assuming that those who do not comply with certain laws will be willing to break others. This perception can have significant repercussions for elected officials.

Censure and reprimand

The U.S. Constitution grants the House of Representatives the authority to discipline its members for acts ranging from criminal misconduct to violations of internal House rules. Censure and reprimand are two such disciplinary measures, falling short of expulsion, the most severe form of punishment.

Censure

Censure is a formal vote by the House, expressing deep disapproval of a member's misconduct. It requires a majority vote, after which the censured member must stand in the well of the House to receive a verbal rebuke and hear the censure resolution read aloud. Censure does not carry any legal weight but serves as a public condemnation, tarnishing the member's reputation and signalling their behaviour as unacceptable.

Reprimand

A reprimand is similar to a censure but indicates a lesser level of disapproval and does not require the member to stand in the well of the House. It is a formal vote by the entire House, expressing disapproval of misconduct.

Examples of Censure and Reprimand

Examples of conduct resulting in censure include:

• Insulting the Speaker of the House
• Introducing resolutions deemed "incendiary"
• Assaulting another member
• Treasonous conduct
• Bribery
• Sexual misconduct with a House page
• Misuse of congressional letterhead for fundraising
• Inaccurate financial disclosure reports

Examples of conduct resulting in reprimand include:

• Improper financial disclosures
• False statements
• Failure to report campaign contributions
• Conversion of campaign funds for personal use
• Improper use of official resources
• Improper contacts with a probation officer on behalf of a personal assistant

Disqualification from future office

US Constitution

The US Constitution outlines sanctions for elected officials who break the law. Article II, Section 4 of the Constitution states that officials can be impeached and removed from office for "treason, bribery, or other high crimes and misdemeanors". Impeachment is a process that begins in the House of Representatives and, if approved, is followed by a trial in the Senate. If an official is convicted, they may be barred from holding future office.

Federal and State Laws

Federal and state laws also impose sanctions on elected officials who break the law. These can include criminal charges, such as violations of federal statutes, bribery, fraud, or abuse of power. In addition, state laws may provide for disqualification from holding office if an official's actions breach the public trust.

Public Opinion

While there may be no formal legal sanctions for elected officials who break the law, there are informal sanctions such as public and media opinion. Citizens may assume that an official who breaks one law will be willing to break others, and the media can play a crucial role in holding officials accountable and informing the public.

Civil Lawsuits

In some cases, citizens may be able to hold elected officials accountable through civil lawsuits. For example, victims of crimes committed by aliens protected by sanctuary jurisdictions may be able to sue officials involved for triple damages under the federal Racketeer Influenced and Corrupt Organizations Act statute.

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