William Katz:  Urgent Agenda

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VINDICATION – AT 10:52 A.M. ET:   The former Republican governor of Virginia got good news today from the U.S. Supreme Court.  From CNN:

Washington (CNN) The Supreme Court on Monday unanimously threw out the conviction of former Virginia Gov. Bob McDonnell.

The 8-0 decision leaves open the possibility McDonnell can be retried but his current conviction is vacated.

"Because the jury was not correctly instructed on the meaning of 'official act,' it may have convicted Governor McDonnell for conduct that is not unlawful," Chief Justice John Roberts wrote. "For that reason, we cannot conclude that the errors in the jury instructions were 'harmless beyond a reasonable doubt.' We accordingly vacate Governor McDonnell's convictions."

At issue is what constitutes the scope of "official action" under federal corruption law.

In 2014, McDonnell was convicted of 11 counts by a federal jury that found that he violated the law when he and his wife received money and loans (around $175,000 and a Rolex watch) from Jonnie R. Williams, the CEO of a Virginia based company called Star Scientific. Williams at the time was seeking state support in a bid to get FDA approval for a dietary supplement his company was developing called Antabloc.

The government argued that McDonnell received loans, deluxe shopping trips and golf outings and in return used the power of his office to help Williams's company.

McDonnell -- who attended oral arguments with his wife Maureen -- asked the Supreme Court to reverse his conviction. In 2015, he had been on the verge of reporting to prison for his two-year sentence when the court allowed him to stay out of jail pending his appeal.

McDonnell's lawyers argued that his actions were limited to routine political courtesies and he never put his thumb on a scale by exercising government power on Williams' behalf.

The case centered around the question of what constitutes the scope of an "official action" under federal corruption law -- and at oral arguments several justices searched for the proper line to draw between the regular activities of a politician, and actions that could violate corruption laws.
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.

McDonnell's lawyers said that the governor's actions were limited to routine political courtesies such as arranging meetings, asking questions and attending events and that he never exercised any government power on behalf of Williams.

Noel Francisco, a lawyer for McDonnell, argued that the lower courts stretched "corruption laws beyond recognition."

COMMENT:   The case had the earmarks of a political hit on McDonnell.  I do not have independent knowledge of the facts.  We, of course, want to be on guard against corruption.  However, overzealous prosecution of officeholders can destroy the innocent and discourage good men and women from entering public service.

June 27,  2016    

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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