The highest court in the country is expected to decide the fate of former Virginia Gov.
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In his appeal McDonnell’s lawyers urged the Supreme Court to reject what they termed federal prosecutors’ “sweeping” theory of corruption law. On Monday, the Supreme Court will either overturn the former governor’s conviction or let it stand.
Former Virginia Governor Robert McDonnell (2nd R) speaks to members of the media in front of the U.S. Supreme Court April 27, 2016 in Washington, DC.
The court ruled 8-0 in overturning McDonnell’s conviction for accepting $177,000 in luxury gifts and sweetheart loans for him and his wife from a wealthy Richmond businessman seeking to promote a dietary supplement.
McDonnell said he never took any official action to benefit Star Scientific Inc.
The case is being carefully monitored by public officials who are concerned about the boundaries they face when interacting with constituents, donors and business leaders. McDonnell says he simply performed routine courtesies for Williams like setting up meetings and hosting events.
Prosecutors insisted that McDonnell accepted personal benefits with the understanding he would try to take official action to help Williams.
A jury in 2014 found McDonnell guilty of breaking a law that bars public officials from taking gifts in exchange for “official action”.
But on April 27, when the Supreme Court heard McDonnell’s appeal of his 11 corruption convictions, the justices questioned lawyers about what constitutes “official action” by public officials and expressed concern about giving unbridled power to prosecutors who are probing corruption.
There is no dispute that McConnell received multiple payments and gifts from Williams, which was not illegal at the time under Virginia ethics laws. McDonnell claims he did nothing in return except help a constituent gain access to other public figures. In those and other instances, Chief Justice John Roberts and several colleagues said, officials could cross the line between legal and illegal without realizing it.
The Supreme Court set forth a test to determine whether a crime qualifies as an “official act”.
Prosecutors described for jurors the luxurious lifestyle the McDonnells lived, despite being heavily in debt, thanks to Williams including vacations, designer clothing and shoes, a $6,500 Rolex watch, use of a Ferrari sports auto, $15,000 for their daughter’s wedding, golf outings and more.
Williams wanted McDonnell to press researchers at Virginia state universities to conduct studies that could help win USA regulatory approval for Anatabloc.
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The arrangements were allegedly made with the expectation of securing state funds to help Williams and his dietary supplement pill, Anatabloc. The former governor argued the Justice Department was unfairly criminalizing “everyday acts” that are a typical part of job. A federal appeals court later upheld the conviction.
