The three men were sitting in a car outside a rural elementary school in West Virginia when the candidate handed over $2,000 in cash and said, "Buy all the votes you can."
In the hamlets and hollows of Logan County, where political shenanigans are legendary and it's said that a vote can be bought for a pint of whiskey or a $10 bill, some say there was nothing extraordinary about the transaction.
Alright, first level--the fact that the corruption is so rampant and votes so cheap is disturbing. Also, is there not some other place than an elementary school parking lot that this could have taken place, like Burger King parking lot or something. I mean really an elementary school!!
Here's what made it unusual: Although Thomas E. Esposito was on the ballot as a candidate for the state House of Delegates, he wasn't really running for office.
The small-town lawyer and former mayor was just bait. And when the FBI lowered him into the murky waters of southern West Virginia politics last year, it dangled him like a shiny lure.
While I have to admire the FBI's creativity, this seems a little shady to me, as you will see below. It smells a little of entrapment, but then again, just because you give someone $10 in Logan Country doesn't necessarily mean you have bought their vote.
The whole affair landed yesterday in a Charleston courtroom, where a defense attorney cried foul, accusing the government of "outrageous" conduct and of violating the sanctity of the election process. He said the charade robbed 2,175 citizens who voted for Esposito -- unaware he wasn't for real -- of a constitutional right.
But a federal judge sided with the government, ruling after a 30-minute hearing that corruption in Logan County had been endemic "for longer than living memory" and that the bogus election campaign might have been the only way to root it out.
The attorney for the defendant is making a constitutional claim for people who voted for Esposito. The constitutional violation, if there is one, is not a defense to vote buying. However, the constitutional concern is real.
Esposito withdrew from the race, apparently at the request of the FBI, but his name remained on teh ballot. According to the story, the FBI took measures to inform the public that Esposito withdrew from teh race, but Esposito's name still appeared on teh ballot and he got some 2,000 votes.
At first I thought that these voters would have a constitutional challenge, and they may still have one, but the more I think about, they may not be able to succeed since Esposito's withdrawal was public and they still voted for him.
But let us assume Esposito did not withdraw and won the primary with teh help of the votes he bought and those who voted for him on their own accord. It is those voters who might have a case. In any event, the process, while devious seems frought with some many problems that I am surprised it was approved.
Linked at OTB Traffic Jam
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