Also known as: grafts · grafted · bribery · corruption
Written by attorneys · grounded in primary & secondary sources — see below
A corrupt practice by which a public official obtains money or other advantages through the misuse of official position.
A sitting President directs a federal agency head to delay broadcast license renewals for stations critical of the administration while expediting approvals for allied stations. The directive uses official power to reward political supporters and punish opponents. The conduct amounts to graft because the President receives political advantage in exchange for official licensing decisions.
After a drought the President orders an agriculture undersecretary to award emergency subsidies almost exclusively to agribusinesses that supported the President's campaign. The directive bypasses established need-based criteria. The allocation constitutes graft because public funds are distributed to secure political loyalty rather than to address agricultural need.
Select any source to read its text and confirm it supports the definition.
A managing partner in a real estate joint venture secretly awards construction contracts to companies he secretly owns. The partner conceals the self-dealing from his co-venturer. The undisclosed awards constitute graft because the partner obtains personal financial gain through misuse of his position of trust.
A federal candidate accepts contributions funneled through multiple political committees that coordinate their spending with the campaign. The candidate knows the contributions exceed statutory limits. The arrangement constitutes graft because the candidate obtains campaign funds in exchange for the promise of official access and influence.
A member of Congress conditions support for an appropriations bill on a private payment from a lobbyist representing a defense contractor. The payment is delivered through an intermediary. The transaction constitutes graft because the legislator trades an official vote for personal financial benefit.
A member of the House of Representatives uses official influence to block a rival from obtaining a government contract. The member receives undisclosed payments from the winning bidder. The payments constitute graft because the member obtains personal gain by misusing legislative authority over federal contracting.
Graft qualifies when a public official obtains money or advantages by misusing official position. The constitutional text lists bribery as an impeachable offense. Conduct that trades official action for personal benefit meets the standard.
Supporting sources
Common-law bribery definitions require a corrupt exchange of value for official action. The exchange need not be stated in words if the circumstances show the official understood the payment was for official acts.
Supporting sources
Article II Section 4 permits removal upon conviction of bribery or other high crimes and misdemeanors. The constitutional standard does not require a prior criminal conviction in court.
Supporting sources
Contribution limits target quid pro quo corruption or its appearance. Large independent expenditures that do not coordinate with a candidate do not constitute graft under the same analysis.
Supporting sources
…incompetence, disregard of the public interest, communist sympathies, and the like usually have filled the air; and hints of bribery, embezzlement, and other criminal conduct are not infrequent." Noel, Defamation of Public Officers and Candidates, 49 Col. L. Rev. 875 (1949). For a similar description written 60 years…