WASHINGTON — The Supreme Court will consider Friday whether to hear former Virginia Gov. Bob McDonnell’s corruption appeal.
McDonnell and his wife Maureen were convicted in 2014 of taking more than $165,000 in gifts and loans from Virginia businessman Jonnie Williams in exchange for the prestige of the governor’s office, after a six-week trial where they presented lurid personal details as part of their defense.
While Bob McDonnell was sentenced to two years in prison, and Maureen McDonnell was sentenced to a year and a day, both have remained free during their appeals.
McDonnell, joined by several friend-of-the-court briefs, argues that the definition provided to the jury of what constitutes an “official act” that would be illegal to promise to trade for cash or gifts was unconstitutionally broad.
If the case is allowed to stand, he claims, all politicians could be convicted of corruption if prosecutors choose to bring charges.
The appeal also argues that there were problems with jury selection in the case.
All of those arguments were unanimously rejected this summer by a three-judge panel, and the full Fourth Circuit Court of Appeals declined to rehear the case.
Prosecutors argue that there is little in the way of new legal precedent in the case, since McDonnell clearly took things of value in exchange for promoting Williams’ supplement company.
Just before McDonnell was set to report to prison, the Supreme Court stepped in to allow him to remain free until a decision on whether the justices will hear the case.
In order to grant that delay, the court had to find that there was a reasonable probability that it would hear the case, and a fair likelihood that McDonnell will prevail.
The Court will announce whether it will hear the case after the justices meet in conference Friday. Traditionally, that announcement is made on the Monday following the conference where a case is listed.
Maureen McDonnell’s appeal is on hold until the Supreme Court finishes handling her husband’s case. Her appeal is proceeding separately in part because scheduling conflicts for her lawyers led to her sentencing being held last February, several weeks after her husband’s sentencing on Jan. 6, 2015.
If the court decides to hear the former governor’s case, arguments could be held in March or April, with a decision likely announced by June.
Since the McDonnells were indicted in the weeks after leaving the Executive Mansion in January 2014, Virginia has begun to implement limits on some gifts to lawmakers. Previously, all gifts were legal under state law as long as they were publicly disclosed.
Bob McDonnell said repeatedly during and after his trial that he acknowledges that he made mistakes, but that he did nothing illegal.
“I continue to trust in the greatness of the American justice system and in the Lord for vindication,” he said in Richmond in May following oral arguments before the Fourth Circuit panel.
“There’s nothing that has been done here that has violated the law; I know that in my heart and in my soul,” he said at the time.
Earlier last year, after McDonnell was sentenced, one of his lawyers, Hank Asbill, said justice is a marathon, not a sprint. They are hopeful the Supreme Court will hear the case and overturn the verdict.
That could lead to a new trial.
