The Supreme Court seemed likely to impose new restrictions on federal prosecutors battling public corruption, with the justices skeptical about the convictions of two men who profited during the administration of former New York Gov. Andrew M. Cuomo (D).
he was working for Cuomo’s reelection campaign — rather than in his former role as an aide to the governor — when he accepted $35,000 in payments from a construction company. Percoco made calls to state officials on the company’s behalf just before returning to government employment.
But some justices still expressed concern. Though Percoco resigned as Cuomo’s deputy to run his reelection campaign, he maintained an office in the governor’s suite and attended official meetings. He took the payment from the construction company while campaign manager, but called a state official days before returning to state employment to tell him to drop a requirement that the company negotiate a labor peace agreement.
Gorsuch and others were not convinced. “I’m wondering” where such a test comes from, Gorsuch said. “It’s certainly not in the text” of the law.Justice Ketanji Brown Jackson said she was concerned that Reaves said it was not an essential part of the test that the person return to government employment. “If the person is just sort of lingering as a result of their former engagement, why isn’t that just a lobbyist?” she asked.
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