The Justice Department has permitted Denny Hastert to plead guilty to a felony money-laundering violation. Under the plea agreement, the 73-year-old former House speaker may face no more than six months’ imprisonment and, quite likely, no jail time at all.
This has some legal experts grumbling. One, according to Politico’s Josh Gerstein, insists Hastert got a “sweet deal.” The critique is worth exploring. In a recent weekend column, I visited “sentencing reform,” Washington’s latest fetish. Hastert’s case is a good example of how badly the bipartisan project misses the mark: failing to address the real problem, which is over-criminalization, not over-incarceration; and encouraging judges to avoid imprisoning offenders by fictional “fact” pleading.
An FBI investigation uncovered that Hastert paid nearly $1 million in “hush money” to conceal “misconduct” that occurred decades ago. The nature of the misconduct is not specified in the indictment and has not been publicly confirmed, so ordinarily I would not describe it. In this case, however, the misconduct is key to understanding why a prominent figure has been induced to plead guilty to a serious charge, and why the “slap on the wrist” Hastert is getting has some people grousing. We thus take note of Mr. Gerstein’s explanation that “sources have alleged the behavior involved sexual contact with a male student while Hastert was a coach and high school teacher several decades ago.”