Criminal Law & Procedure

The Criminalization of Politics

Sponsored by the Federalist Society's Criminal Law & Procedure Practice Group December 11, 12:00 PMNational Press Club - Conference Rooms
529 14th Street NW
Washington, DC 20045
handcuffs and gavel

What actions are political and what actions are criminal? Where should prosecutors and courts draw the lines? How should we decide what actions should be evaluated at the ballot box and what actions should be evaluated in a court of law? This panel will discuss the recent use of criminal law to pursue public officials and political activity. A presentation of former high level Justice Department attorneys will look to recent prosecutions, such as those of Bob McDonnell and John Edwards, to evaluate whether our criminal law is wading too deeply into political activity. Relying on their expertise, the panelists will address a number of federal crimes, like Honest Services Fraud, used to pursue politicians, and discuss whether it is wise to put politics on trial, or whether the voters should decide. Please join us for what promises to be an interesting luncheon discussion.


  • Todd P. Graves, Graves Garrett LLC
  • Edward T. Kang, Partner, Alston & Bird LLP
  • John C. Richter, Partner, King & Spalding
  • Moderator: John G. Malcolm, Chairman, Federalist Society Criminal Law & Procedure Practice Group Executive Committee, and Director and Ed Gilbertson and Sherry Lindberg Gilbertson Senior Legal Fellow, Edwin Meese III Center for Legal and Judicial Studies, The Heritage Foundation