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Lying Is Not A Federal Crime

Bridget Anne Kelly, former Deputy Chief of Staff to Chris Christie, and Bill Baroni, former Port Authority Deputy Executive Director, had their convictions for wire fraud, fraud on a federally funded program or entity (the Port Authority), and conspiracy to commit each of those crimes overturned by the U.S. Supreme Court on May 7, 2020. It is true, the Court ruled, that both Kelly and Baroni “used deception” to “reduce from three to one the number of lanes long reserved at the George Washington Bridge’s toll plaza for Fort Lee’s morning commuters.” They claimed that the “lane realignment was for a traffic study,” when it was for “no reason other than political payback,” because Fort Lee’s major had refused to back Governor Christie’s 2013 reelection campaign. Nevertheless, as Justice Kagan wrote in the Court’s opinion, “not every corrupt act by state or local officials is a federal crime. Because the scheme here did not aim to obtain money or property, Baroni and Kelly could not have violated the federal-program fraud or wire fraud laws.”