No new trial for ex-Virginia Gov. Bob McDonnell - CNNPolitics.com - 0 views
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Federal prosecutors announced Thursday they won't retry former Virginia Gov. Bob McDonnell or his wife Maureen on public corruption charges.
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McDonnell, once a rising star in Republican circles, was convicted on federal corruption charges in 2014 and sentenced to two years in prison. He remained free pending appeal, and this spring, the Supreme Court unanimously threw out his conviction, although the justices left open the possibility of a retrial.
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In a motion filed with a federal appeals court, US Attorney Dana Boente said the United States planned to file a "motion to dismiss the indictment."
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McDonnell's case centered around the question of what constitutes the scope of an "official action" under federal corruption law. He received gifts, money and loans from Jonnie R. Williams, the CEO of a Virginia-based company, the government said, in exchange for official acts seen as favorable to Williams and his business.
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But his lawyers responded that his actions were limited to routine political courtesies and he never put his thumb on the scale by exercising government power on William's behalf.
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Writing for the Supreme Court, Chief Justice John Roberts set a clear definition of the term "official action" and how it can be used in corruption convictions."In sum, an 'official act' is a decision or action on a 'question, matter, cause, suit, proceeding or controversy," Roberts wrote. "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 an official act."Roberts also said that political corruption can still be prosecuted by the government, and noted that McDonnell's actions were "distasteful."
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White collar criminal defense attorney Barry Pollack was not surprised that the government dropped the case after the Supreme Court ruling. "I think the Supreme Court case made it pretty clear that the government would have an uphill battle if it attempted to retry the case," he said.
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"Even with the court's unfortunate decision, the Justice Department had a chance to show it was not deterred and to build on aggressive precedent set by the conviction of then-Congressman (Chaka) Fattah and other recent prosecutions," Bookbinder said. "Instead, the department sent a clear signal that they it would not aggressively enforce corruption laws to hold public officials accountable when they abuse their office. It is our hope that they do not pass on prosecution next time, because rest assured, there will be a next time."