Joseph Montalbano: Personally Opposed to but Publicly Supporting the Right to Take Bribes

The cases against current Senate President Joseph Montalbano and former Senate President William Irons go before the State Ethics Commission today. Jim Baron has described the charges in the Woonsocket Call…

The principal complaint against Irons is that, while receiving commissions from CVS Pharmacies and Blue Cross Blue Shield of Rhode Island in his private insurance firm, he helped kill legislation opposed by the two companies.

The main Montalbano complaint arises from legal work he did for the town of West Warwick as an attorney in private practice, concerning land abutting the site of the proposed Narragansett Indian casino in that town, while he voted on casino questions in the Senate and in committee.

Senator Montalbano’s defense counsel Max Wistow, last seen arguing that requiring any financial disclosure by elected officials was unconstitutional, has a new strategy for defending his client. Now, Mr. Wistow argues that state legislators have constitutional immunity from laws against bribery, as long as the bribes are specifically intended to buy votes. I kid you not. Here’s the Associated Press' description of the defense (via 7-to-7)…

Montalbano's attorney, Max Wistow, says there was no conflict-of-interest. He also says the state constitution allows General Assembly members to vote however they choose without fearing criminal prosecution or other penalties.

The provision of the state constitution referred to is Article VI, Section 5…

Immunities of general assembly members. -- The persons of all members of the general assembly shall be exempt from arrest and their estates from attachment in any civil action, during the session of the general assembly, and two days before the commencement and two days after the termination thereof, and all process served contrary hereto shall be void. For any speech in debate in either house, no member shall be questioned in any other place.

Note that Section 5 is in no way limited to actions by the Ethics Commission, so the Wistow/Montalbano position is that legislators cannot be prosecuted for selling their votes in any court or tribunal in the state of Rhode Island.

Of course, like a good lawyer, Wistow is also arguing, as a matter of fact, that Senator Montalbano didn’t take bribes that he can’t be prosecuted for. This may take a favorite meme of the Democratic party -- “personally opposed but publicly in favor” -- to its boldest heights ever, as Senator Montalbano tells the public that, though he doesn't personally take bribes, he has instructed his legal team to support the right of those who want to take them to be able to do so!

Do you think that "Proudly Pro-Choice on Accepting Bribes" would make a good bumper sticker for the Montalbano campaign in '08? It certainly seems that it would be an accurate one.

UPDATE:

The Ethics Commission has rejected the argument that legislators have blanket immunity from the law where their votes are concerned. Bruce Landis of the Projo reports...

The state Ethics Commission yesterday rejected all of state Senate President Joseph Montalbano’s motions to dismiss ethics charges against him, including his claims that the state and federal constitutions protect him from prosecution based on his votes....

[Ethics Commission lawyer Jason Gramitt] said that the1986 amendment [to the RI Constitution] specifically cited “use of position” as something subject to the ethics rules. He asked, rhetorically, what is a more central “use of position” of a legislator than voting on bills?