US Supreme Court vacates ex-governor’s corruption conviction

A U.S. Supreme Court decision on Monday vacated the conviction of Virginia’s former governor and it could have repercussions in the corruption cases against two former high ranking state lawmakers here in NY. McDonnell – aided by a coalition of legal scholars, former government officials and defense attorneys – argued against a definition that sweeps too broadly and punishes otherwise innocent, everyday political activity. Thus, the jury instruction, in suggesting otherwise, was erroneous and the convictions could not stand.

It is no surprise that criminal politicians don’t like federal corruption laws, but that doesn’t make those laws unconstitutional. McDonnell and his wife, Maureen, were convicted in 2014 of taking more than $175,000 in gifts and loans from Williams in exchange for promoting vitamin products for Williams’ company, Star Scientific.

The judge in his case allowed him to remain free to allow the Supreme Court decision. McDonnell, 62, said in a statement he was grateful for the ruling.

At best for the federal government, Bonin said, the Supreme Court case could complicate matters leading up to Fattah’s sentencing in October.

Some of the allegations lodged against McDonnell bear a striking similarity to those made in the case that led to Fattah’s conviction last week on charges of racketeering conspiracy, bribery, money laundering, and fraud. If so, the case should be set for retrial with new jury instructions. After benefiting from Williams’ generosity, McDonnell used his office to intervene on behalf of his wealthy benefactor. The high court was both clear and correct that hosting events is not enough, and the government’s own witnesses testified that Gov. McDonnell “asked them to attend a meeting, not that he expected them to do anything other than that”. “Now that that theory is completely gone, we think the case is gone”.

Roberts wrote that for federal corruption standards to apply, prosecutors must identify a “question, matter, cause, suit, proceeding or controversy” that “may at any time be pending” or “may by law be brought” before a public official and must prove that the public official made a decision or took an action in such a matter.

Tung Yin, a law professor at Lewis & Clark University in Portland, said the ruling could complicate prosecutors’ attempts to pin charges on the former OR governor.

“It may be worse than that”, Chief Justice John Roberts said in delivering the opinion of the court. McDonnell says he simply performed routine courtesies for Williams such as setting up meetings and hosting events.

“This decision just made prosecution of elected officials exponentially more hard”, defense attorney Mark Schamel said. “Access can be very important, especially when it’s being arranged by someone’s boss”, said Eliason, who now teaches law at George Washington University. Former Gov. McDonnell alleges the federal statues penalizing bribery and extortion are impermissibly vague under the U.S. Constitution. Bob McDonnell, vacating his 2015 corruption conviction and sending his case back to a lower court.

Vederman’s lawyer, Robert Welsh, said Monday that he and co-counsel Catherine Recker were studying the Supreme Court’s decision as they prepare arguments for their client’s post-conviction motions. “Mrs. McDonnell, like her husband, was wrongfully convicted”.

But the trial, and even letters of support from the McDonnells’ daughters, featured sordid details about the couple’s personal lives and their rocky marriage.