Supreme Court throws out ex-Virginia governor Bob McDonnell's corruption convictions

The decision will make it tougher to prosecute government officials for corruption

Feliks Garcia
New York
Monday 27 June 2016 21:19 BST
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AP
AP

The Supreme Court unanimously vacated the corruption conviction of ex-Virginia Gov Bob McDonnell. The decision narrows the criteria of what is deemed “corruption” performed by a government official.

“There is no doubt that this case is distasteful; it may be worse than that,” Chief Justice John G. Roberts Jr, wrote in the Court’s opinion. “But our concern is not with tawdry tales of Ferraris, Rolexes, and ball gowns.

“It is instead with the broader legal implications of the government's boundless interpretation of the federal bribery statute. A more limited interpretation of the term 'official act' leaves ample room for prosecuting corruption, while comporting with the text of the statute and the precedent of this court.”

A Virginia jury convicted Mr McDonnell along with his wife, Maureen, for accepting more than $175,000 (£132,484) in gifts, loans, and vacations from businessman Jonnie R Williams, the New York Times, reports.

While the gifts were reportedly legal, the corruption charges stemmed from the allegations that the former Mr McDonnell returned the favour by promoting Mr Williams’ company’s dietary supplement, Anatabloc, according to the Richmond Times-Dispatch.

The Court questioned what constitutes “official action” by a government official.

“A more limited interpretation of the term ‘official act’ leaves ample room for prosecuting corruption, while comporting with the text of the statute and the precedent of this court,” he wrote.

Mr Roberts added: “Of course, this is not to say that setting up a meeting, hosting an event, or making a phone call is always an innocent act, or is irrelevant, in cases like this one. If an official sets up a meeting, hosts an event, or makes a phone call on a question or matter that is or could be pending before another official, that could serve as evidence of an agreement to take an official act.”

The justices did not prohibit lower courts from attempting to retry Mr McDonnell under the redefined criteria for corruption - but due to the new parameters, a experts say a retrial may not be likely.

In a statement, Mr McDonnell maintained his innocence, despite the conviction he received on 11 counts of corruption.

“I have not, and would not, betray the sacred trust the people of Virginia bestowed upon me during 22 years in elected office,” he said. “It is my hope that this matter will soon be over and that my family and I can begin to rebuild our lives.”

Maureen McDonnell was originally convicted of nine counts of corruption, but one of them was later thrown out by a US district judge. Ms McDonnell’s appeal was placed on hold, pending the outcome of the former governor’s case.

“This decision applies no less to our client Maureen McDonnell and requires that her conviction be tossed out as well, which we are confident the prosecutors must agree with,” the former first lady’s counsel, William A Burck, said in a statement.

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