Improving Mutual Legal Assistance: Lessons from Asia

Back in 2014, Rick called for further analysis of mutual legal assistance (MLA) processes and potential reforms that would promote responsiveness to MLA requests in anticorruption cases (and others). As a follow-up, I wanted to highlight the findings of a recent report from the Asian Development Bank (ADB)/Organization for Economic Cooperation and Development (OECD) Anti-Corruption Initiative for Asia and the Pacific. The report, entitled “Mutual Legal Assistance in Asia and the Pacific: Experiences in 31 Jurisdictions,” provides examples of various obstacles to effective MLA, which I have sorted into two general categories: legal and practical. Continue reading

When and Why Do Corrupt Politicians Champion Corruption Reform? A Character Study

Can corrupt leaders enact effective anticorruption reform? The brief answer seems to be yes: Leaders who are (perceived as) corrupt can initiate and support effective anticorruption reform efforts. For example, as this blog has previously discussed, President Peña-Nieto (who has repeatedly been accused of corruption and graft) supported constitutional anticorruption reforms in Mexico. Egypt’s current President, Abdel Fattah al-Sisi, has similarly launched various anticorruption campaigns, even while fending off numerous corruption allegations.

But why do corrupt leaders institute anticorruption reforms? While there’s no universal explanation, there appear to be at least three archetypes that might help anticorruption activists identify and push unlikely reformers: The Power Player, The Top-Down Director, and The Born-Again Reformer. Continue reading

Corruption’s Gendered Double Standard

On November 8, 2016 the United States almost elected Hillary Clinton as its first female president. But, if Donald Trump and many of his supporters were to be believed, Secretary Clinton was also one of the most corrupt politicians of all time. This argument appears to have swayed many American voters, who ended up electing Donald Trump (who might actually be the most corrupt person recently elected to the presidency, see here, here, and here). That Trump’s unprecedented accusations of corruption were leveled against the first female presidential candidate nominated by a major political party was not a coincidence.

A great deal of commentary has considered whether women (and especially female politicians and public officials) behave less corruptly than men. (For some prior discussion on this blog, see here.) But I’d like to focus on a different question: Are female politicians accused of corruption treated differently—and judged more harshly—than male politicians? Existing research suggests that they are, which in turn may explain both why allegations of corruption can be more damaging to female politicians, and why female public officials are on the whole less corrupt. Continue reading

Why Does the Chinese Communist Party Tear a Hole in its Own Democracy Cloak?

The People’s Republic of China recently uncovered the biggest vote-buying scandal since its founding in 1949. On September 13, 2016, the Standing Committee of the National People’s Congress (NPC), the national legislature, dismissed 45 of the 102 NPC representatives from Liaoning province for securing their seats in the NPC through vote buying. These NPC representatives had apparently bribed representatives to the Liaoning provincial Congress, which elects NPC representatives; 523 out of the 619 Liaoning provincial congress representatives were also implicated in this scandal, and have either resigned or been removed for election rigging, rendering the Liaoning provincial legislature inoperable. The central authorities stated that the “unprecedented” bribery scandal challenged the “bottom line” of China’s socialist system and the rule of the Chinese Communist Party (CCP).

For many observers, reports of this vote-buying scandal came as a surprise. Some commentators wondered why people would risk getting caught and punished for corruption, just to secure a seat in a legislature that has been derided as little more than a rubber stamp. The most plausible explanation is that a seat on the NPC facilitates access to the rich and powerful, and it is this consideration, rather than the mostly symbolic power of the legislature itself, that motivates candidates to buy votes in NPC elections. (See here, here and here). There is, however, a second puzzle about the recent vote-buying scandal—one that is in fact more puzzling and important, though it has not received as much attention: Why do CCP leaders care about electoral corruption in NPC elections, if the NPC merely rubber-stamps party decisions? True, the CCP under President Xi Jinping has made the fight against official corruption a top priority—but given the prevalence of corruption in so many areas of Chinese government, many of which have immediate practical consequences, why target electoral corruption in the NPC?

The question becomes even more interesting when one considers that calling attention to vote-buying in NPC elections—a form of corruption that might otherwise not attract much attention—poses certain risks to the CCP. First, even if the NPC is mostly a rubber stamp legislature, it represents the symbolic core of state power, and is central to the CCP’s “socialist democracy,” a model the Party has long used to resist the Western-style multi-party democracy. As one commentator put it has observed, the exposure of the NPC vote-buying scandal has torn a large hole in the country’s “democracy cloak.” Second, exposing widespread corrupt practices could also increase pressure for systemic reforms. So why did CCP leaders choose to crack down on corruption in the legislature so openly? Continue reading

Automatic Government Retention of All Official Emails: An Easy Anticorruption Reform

Former Secretary of State and presidential hopeful Hillary Clinton is currently under fire from Republican opponents and transparency advocates for her (alleged) circumvention of Federal recordkeeping laws. While this particular scandal (or pseudo-scandal) may soon pass, as have numerous other such scandals, the anticorruption community should take this opportunity to voice its support for a badly-needed reform to recordkeeping laws, to ensure that official emails sent by people in a position of public trust should be immutably preserved.

It seems almost too obvious, but “lost” and “misplaced” emails are often a major impediment in corruption investigations. At least three ongoing corruption investigations are touched by email deletions, to say nothing of past investigations:

  1. New York Governor Andrew Cuomo instructed his government to begin purging un-archived emails after 90 days, even as controversy and a Federal investigation swirls around his dismantling of the Moreland Commission. (He has now altered his policy somewhat)
  2. A Federal investigation into hundreds of millions of procurement dollars spent by the Delaware River Port Authority (DRPA) has been dragging on for years, crippled in part by missing emails that were “compromised” before the DRPA could turn them over to the U.S. Attorney. The DRPA (partly overseen by New Jersey Governor Chris Christie whose own history with deleted communications is muddled) lost 18 months worth of emails received by a single key official during a key period of time, due to a “software malfunction” with their in-house email system. DRPA’s Inspector General has since resigned in frustration.
  3. In a glimmer of hope, although recently-resigned Oregon Governor John Kitzhaber instructed members of his government to delete emails ahead of an FBI and IRS corruption probe, they refused to do so.

This is an absurd state of affairs, and entirely unnecessary. There is absolutely no compelling reason to not automatically preserve every email sent and received by civil servants. This is 2015: it is literally more expensive to take the time to actively delete emails than it is to simply keep them. Either governments haven’t realized this yet, or their claim that emails should be deleted for the sake of “efficiency” is in fact a red herring. I suggest the latter. The continued absence of appropriate email preservation rules for public servants, which would be incredibly easy to implement, will continue to frustrate anticorruption efforts. Continue reading