Appeals court rejects McDonnell’s bid to stay out of prison

The Fourth Circuit Court of Appeals this morning has denied a motion that the former Republican governor remain free as he takes his case to the U.S. Supreme Court.

McDonnell and his wife Maureen were indicted January 21, 2014 on federal corruption charges for receiving gifts and loans from a Virginia businessman.

McDonnell has until November 9 to file a petition asking the Supreme Court to review his case, though he will have to file separately to ask for a delay in having to report to prison. “Nor is there doubt that “irreparable harm” would otherwise result: If Gov. McDonnell begins his two-year sentence immediately, as will be required absent relief from this Court, he will have no remedy if this Court later invalidates his conviction”.

The couple was allowed to keep their freedom while they appealed the case.

Updates with comment from legal expert on chances of Supreme Court allowing McDonnell to remain free. McDonnell’s request for a rehearing was also denied.

“It is not very likely that the court would consider his case”, he says, because the issues raised by McDonnell’s attorneys are “fairly routine”.

The appeals court last week refused to reconsider a three-judge panel’s unanimous ruling upholding Bob McDonnell’s convictions but said nothing about his bond status.

The former governor was sentenced to two years in prison; his wife to a year and a day. The former governor said he is appealing to the U.S. Supreme Court.

McDonnell’s wife Maureen, was similarly charged in the scheme.

In its filing Wednesday, Maureen McDonnell’s legal team argued that the issues surrounding her case are different than the ones already considered by the appeals court in her husband’s case.

Former Virginia first lady Maureen McDonnell says a recent appeals court decision rejecting her husband’s request to overturn his corruption convictions shouldn’t mean her own appeal suffers the same fate.