High court overturns former VA governor’s conviction
A US legal watchdog group on Monday blasted the Supreme Court ruling that overturned the conviction of former Virginia Governor Bob McDonnell on corruption charges. But our concern is not with tawdry tales of Ferraris, Rolexes, and ball gowns. But Roberts says there are ultimately broader legal implications and prosecutors must use a more limited interpretation of federal bribery law.
Prosecutors insisted that McDonnell accepted personal benefits with the understanding he would try to take official action to help Williams.
The former governor says he never took any official action to benefit Star Scientific Inc.
“Setting up a meeting, talking to another official, or organizing an event (or agreeing to do so) without more does not fit that definition of official act”, Roberts wrote. He was sentenced to two years in prison, but was allowed to remain free while the justices weighed his appeal.
The ruling called the governor’s actions distasteful or worse, but still sent the case back to the 4 Circuit to determine if there is enough evidence to warrant a new trial under the narrower definition of corruption. Even though McDonnell and his supporters said his conviction made routine acts performed by politicians illegal, Roberts disagreed.
Noel Francisco, a lawyer for McDonnell, argued that the lower courts stretched “corruption laws beyond recognition”.
Roberts began the opinion with a description of the gifts and favors bestowed upon McDonnell and his wife, Maureen. The governor’s appeal hinged on whether those favors – which largely amounted to the lobbying of state officials and the hosting of a party – were “official acts”.
The court found that an “official act” should be defined as a formal exercise of governmental power on something specific, something that is “pending” or “may by law be brought” before a public official.
And McDonnell argued prosecutors unfairly criminalizing quote “everyday acts” that are part of lawmakers’ jobs.
“This decision just made prosecution of elected officials exponentially more hard”, defense attorney Mark Schamel said.
In New York, two former leaders of the state’s legislature convicted past year in separate corruption trials, Sheldon Silver and Dean Skelos, had already indicated they would rely on appeal on any decision in favour of McDonnell. McDonnell contacted these school officials, although no studies materialized.
At best for the federal government, Bonin said, the Supreme Court case could complicate matters leading up to Fattah’s sentencing in October. At that lunch, McDonnell touted the product and once produced a bottle of the product at a meeting with the head of the state employee health plan and suggested that state employees start taking the supplement.
“It really doesn’t change anything”, said Blagojevich’s lawyer, Leonard Goodman. “The Supreme Court really chastised the government and I think they’ve been waiting for this opening and I think that’s one of the reasons knowing that this case was coming down the line and I think that’s one of the reasons that they denied Blagojevich an appeal to the Supreme Court because they knew they were coming down with this case”.
In a unanimous opinion, the justices concluded that arranging meetings and hosting events for a wealthy businessman who gave McDonnell gifts and loans did not amount to bribery, as prosecutors had alleged.
Public officials, as well as those who appear before them have been carefully watching the case to see the boundaries they face when interacting with constituents, donors and business leaders.