Opinion of the Court
relied on him because of a special relationship he had with the government.” 2 App. 511; see Margiotta, 688 F. 2d, at 122. But Margiotta’s standard is too vague. From time immemorial, there have been éminence grises, individuals who lacked any formal government position but nevertheless exercised very strong influence over government decisions. Some of these individuals have been reviled; others have been respected as wise counselors. The Margiotta test could be said to apply to many who fell into both of these camps. It could also be used to charge particularly well-connected and effective lobbyists. See 688 F. 2d at 142 (opinion of Winter, J.). Margiotta acknowledged that “the public has no right to disinterested service” from lobbyists and political party officials, but the rule it developed—which was embodied in the jury instructions given in this case—implies that the public does hold such a right whenever such persons’ clout exceeds some ill-defined threshold. Id., at 122. Margiotta set a low bar, i.e., the point at which a defendant’s influence goes beyond “minimum participation in the processes of government.” Ibid. The instructions in this case demanded more, viz., proof of “dominat[ion],” but what does that mean in concrete terms? Is it enough if an elected official almost always heeds the advice of a long-time political adviser? Is it enough if an officeholder leans very heavily on recommendations provided by a highly respected predecessor, family member, or old friend? Without further constraint, Margiotta does not (and thus, the jury instructions did not) define “the intangible right of honest services” “ ‘with sufficient definiteness that ordinary people can understand what conduct is prohibited,’ ” or “ ‘in a manner that does not encourage arbitrary and discriminatory enforcement.’ ” McDonnell v. United States, 579 U. S. 550, 576 (2016) (quoting Skilling, 561 U. S., at 402–403).
2
The Government does not defend these jury instructions
