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The U.S. Supreme Court will review Gov. Bob McDonnell’s corruption case, the court announced Friday.
The high court will only concern itself with what has become the case’s main question: Just what constitutes an official act when it comes to federal bribery law.
The court’s decision could set a precedent for the entire country, clarifying what is and isn’t OK when it comes to the quid-pro-quo of money’s influence in modern politics.
“We’ll get a useful guidepost as to what the outer limit of the federal corruption statute is,” said Jeff Bellin, a criminal law expert and professor at William & Mary Law School.
The court won’t consider arguments about jury questioning, it said, or some of the other more technical concerns the McDonnell defense had with his 2014 trial and conviction.
Oral arguments will come as soon as April, though it’s possible the court’s caseload will push that back into the fall. Andrew McBride, a D.C. attorney who has done Supreme Court work, said he’s betting on April, since the court tends to expedite cases where it has provided interim relief.
McDonnell is free on bond, the court granting a reprieve from his two year sentence while it weighed his case. His wife, Maureen McDonnell, is also free, pending her appeal of a yearlong sentence.
Confirmation of the timing will likely come Monday, in the form of a briefing schedule, McBride said.
In an emailed statement Friday afternoon, McDonnell said he was grateful for the court’s decision.
“I am innocent of these crimes and ask the Court to reverse these convictions,” McDonnell said. “I maintain my profound confidence in God’s grace to sustain me and my family, and thank my friends and supporters across the country for their faithfulness over these past three years.”
The former governor has said repeatedly he broke no laws in accepting six figures from Jonnie R. Williams Sr., a dietary supplement salesman who avoided potential charges in this case and another by cutting a deal with federal prosecutors.
No one questioned the quid in the federal case against the McDonnells. They took $120,000 in loans, paperwork free except for some handwritten notes. One of their daughters got $15,000 to cover wedding expenses at the governor’s mansion. They used Williams’ lake house, his private jet, his posh golf club membership and his Ferrari.
It was the “quo” that was lacking. Williams never got any state contracts, nor the state-sponsored product study he told a federal jury he wanted from the McDonnells. He did get invites to the governor’s mansion and special attention from the governor and first lady.
McDonnell’s attorneys, joined by a long list of former attorneys general, other lawyers and politicians, said repeatedly it wasn’t enough to prove corruption, and that the federal government’s definition of bribery in this case is so broad that it would criminalize just about any political career in today’s money-driven system.
McBride, a former federal prosecutor now with the firm Wiley Rein, said he believes McDonnell has a good chance to win that argument now before the high court. Some justices already agree that the government’s definition of honest services fraud is too broad. Others may seek to keep the federal honest services law intact, but believe the best way to do so is to narrow its definition through this case, McBride said.
“I think McDonnell’s in a great spot,” he said. “I said from the start this was a stretch.”
Other legal experts agreed Friday’s announcement was very good news for McDonnell’s side.
“Based on the Court’s decision to grant him bail while it was reviewing the case, you would have to think that he has a great chance to win,” said Kelly Kramer, a white collar defense attorney at Mayer Brown in D.C. “And the Court has imposed significant restrictions on the scope of the Hobbs Act, and the honest services fraud statute in recent years, especially in cases involving state officials.”
Bellin wouldn’t predict which way the case will turn. The Supreme Court can be difficult to predict in general, and this case rests on vague law, he said.
“It’s all judge-made law in this area,” he said. “The statute that the government used here is very vague … so over the years the Supreme Court has tried to fill it in. But there’s a lot of missing pieces.”