Combating Corruption in American Politics - Is Prosecution Alone an Effective Mechanism?

Following the high-profile trials of multiple influential American politicians this past year on counts of bribery from foreign entities, a high level of attention has been cast on the prevalence of corruption in American politics. Current New York City mayor Eric Adams, U.S. Representative Henry Cuellar, and former U.S. Senator Bob Menendez were highly respected political figures until this year’s scandals. Senator Menendez’s involvement with various foreign governments, Mayor Adams’s alleged relationship with the Turkish government, and Rep. Cuellar’s significant ties to the Azerbaijani government call into question not only how these crimes occurred without earlier notice but also how these scandals can be prevented.

All three politicians are accused of bribery, including receiving lavish gifts in exchange for political favors, although at the time of writing, Adams has pleaded ‘not guilty’ and is still in court. Adams allegedly received “more than $100,000 in luxury travel” (Debusmann 2024), while Menendez accepted lavish presents including gold bars and over $480,000 in cash (Debusmann and Yousif, 2024). Cuellar received $600,000 in bribes from an Azerbaijani government oil company, which is extremely relevant as Cuellar co-chairs the Congressional Azerbaijan Caucus (Stein and Sotomayor, 2024).

From a legal perspective, the United States takes prosecution of these crimes quite seriously, including hefty prison sentences and general shunning from political roles. Menendez, convicted for 16 separate counts, could face decades in prison (Debusmann and Yousif 2024). Beyond prison time, officials also are unlikely to be able to run again, less from a legal standpoint but more so from lack of support amongst fellow members of their political party. Even without a conviction, dozens of lawmakers have called for Adams to step down (Debusmann 2024), and most likely will continue to do so. Despite this response, corruption is evidently still occurring at a significant level, and not enough exists to deter these crimes in the first place. What can be done to prevent corruption from happening, especially in such prominent political offices? 

To help combat corruption, politicians must be held to a higher standard in terms of ethics and transparency beyond the issue of foreign bribes, which have already been criminalized and strongly condemned (U.S. Department of Justice 1977). Elected officials know bribery is illegal, yet they continue to participate in it out of greed and disloyalty to their constituents. As Foreign Policy reported in 2021, corruption in American politics is “at its worst in almost a decade”, with the United States scoring 67 percent out of 100 in the annual Corruption Perceptions Index (Griffin and Mackinnon 2021). Now, the United States scores 69 out of 100 points, which shows the perception of corruption is rising. The lack of trust between voters and elected officials constitutes a significant issue in U.S. politics. The disconnect between these groups enables politicians to knowingly discredit the law they are elected to uphold. Shortening this disconnect is not possible through legal means alone – it constitutes reform to the role of elected offices themselves.

Reform can begin with more restrictions on our national legislature. Senator Merkley, a Democrat from Oregon, sponsored the so-called ‘ETHICS’ act, to end Representatives’ ability to trade stocks while in office. As he explains, “‘If you want to serve in Congress don't come here to serve your portfolio, come here to serve the people’” (Walsh 2024). This is a valuable sentiment that must be normalized across all levels of government. Changing the ethical standard we hold our politicians to begins with reform and restrictions at the level of income and stock trading, which in turn will reframe how politicians view their roles in government.

As seen in the cases of these three politicians, while legal prosecution is an effective punishment, it is not an effective deterrent. Legal reform is not where the issue lies –  it is in the negative normative behavior of our lawmakers. Congress should take clearer steps to hold politicians accountable for out of line behaviour. Restrictions on stock trading, term limits, and income restrictions would all serve to remind elected officials of their role as public servants, not as kings. The Department of Justice has made a significant effort to investigate and prosecute corruption among elected officials. It now lies in the hands of Congress and the American public to reaffirm the role of public servants and the ethical responsibilities that this role entails.

Sources

Chayes, Sarah. 2024. “Democrats Have a Corruption Problem. They Can’t Keep Ignoring It.” (Op ed) New York Times, October 4. https://www.nytimes.com/2024/10/04/opinion/democrats-corruption-eric-adams.html.

Debusmann, Bernd Jr. 2024. “Foreign bribes, cheap flights: What is Eric Adams accused of?” BBC News, September 26. https://www.bbc.co.uk/news/articles/cly3gz35dgro.

Debusmann, Bernd Jr and Nadine Yousif. 2024. “Senator Bob Menendez found guilty in bribery scheme.” BBC News, July 16. https://www.bbc.co.uk/news/articles/cqe6m14drgjo.

Griffin, Cailey and Amy Mackinnon. 2021. “Report: Corruption in U.S. at Worst Levels in Almost a Decade.” Foreign Policy, January 28. https://foreignpolicy.com/2021/01/28/report-transparency-international-corruption-worst-decade-united-states/.

Stein, Perry and Marianna Sotomayor. 2024. “Rep. Henry Cuellar accused of taking bribes from Azerbijan, Mexican bank.” The Washington Post, May 3. https://www.washingtonpost.com/national-security/2024/05/03/henry-cuellar-indicted-bribery-azerbaijan-mexico/.

U.S. Department of Justice. “9-47.000 - Foreign Corrupt Practices Act Of 1977 and the Foreign Extortion Prevention Act of 2023. https://www.justice.gov/jm/jm-9-47000-foreign-corrupt-practices-act-1977#:~:text=The%20Foreign%20Extortion%20Prevention%20Act%20(FEPA)%2C%20which%20criminalizes%20the,from%20certain%20individuals%20and%20entities..

Walsh, Deirdre. 2024. “Bipartisan Senate group pushes ban on lawmaker stock trading.” NPR, July 10. https://www.npr.org/2024/07/10/g-s1-8989/bipartisan-stock-trading-ban.

Image Source: https://cl.usembassy.gov/tag/haiti/