Supreme Court agrees to hear former governor's corruption appeal; did he take 'official action'?
Then-Virginia Gov. Robert McDonnell in 2012. Mavrick / Shutterstock.com
The U.S. Supreme Court has agreed to consider whether former Virginia Gov. Robert McDonnell was wrongly convicted under federal laws that bar taking “official action” in exchange for something of value.
The court agreed to hear the case on Friday, report the Washington Post, the National Law Journal (sub. req.), the New York Times and SCOTUSblog. How Appealing links to additional coverage.
McDonnell was sentenced to two years in prison for violating federal laws barring bribery and honest-services fraud. He had been accused of taking gifts, vacations and loans from a businessman who was promoting a diet supplement.
McDonnell’s cert petition (PDF) argues that taking official action does not extend to his actions, which amounted to “routine political courtesies” such as arranging meetings, asking questions and attending events.
If the laws do extend to such acts, they are unconstitutional, McDonnell argues. The federal appeals court opinion upholding his conviction “criminalizes ordinary politics, turning nearly every elected official in to a felon,” the cert petition asserts.
The Supreme Court stayed McDonnell’s prison sentence in August. The case is McDonnell v. United States.
