March 18, 2013 9:34:59 AM by
The states are often described, in the memorable words of Justice Louis Brandeis, as the “laboratories of democracy,” places in which new laws and practices can be tested and perfected on the local level before spreading to the rest of the nation. Unfortunately, this process can occasionally go awry, as it did with Massachusetts’ recent anti-corruption law. Modeled after the vague and excessively broad federal “honest services fraud” statute, the Massachusetts law ended up criminalizing vast swaths of ordinary political activity.
The first test case pursued by Massachusetts Attorney General Martha Coakley was a prosecution of former state Treasurer Timothy Cahill. In light of the jury’s acquittal of the co-defendant and its hung verdict in Cahill’s case, my latest column, which ran in this weekend’s Wall Street Journal, takes a look at the anti-corruption law and the alleged “criminal” activity that Cahill engaged in while making a third-party bid for governor in 2010.
You can find my column on the Wall Street Journal’s website, or, for those without a subscription to the Journal, you can find the full column after the jump.