Amy Howe

Sep 8 2016

Prosecutors move to dismiss charges against McDonnells

Less than three months after the Supreme Court unanimously struck down his conviction on federal corruption charges, today the Department of Justice announced that it would not seek to retry either former Virginia governor Bob McDonnell or his wife, Maureen, who was convicted on similar charges. In a terse three-sentence statement, the Department of Justice indicated only that, after “carefully considering the Supreme Court’s recent decision and the principles of federal prosecution, we have made the decision not to pursue the case” against the McDonnells.

In September 2014, McDonnell – once regarded as a rising star in the Republican Party – was convicted and sentenced to two years in prison. Prosecutors alleged, and the jury agreed, that McDonnell had violated federal laws making it a felony to agree to take “official action” in exchange for money, campaign donations, or anything else of value when he took thousands of dollars’ worth of loans and luxury goods from Jonnie Williams, a Virginia businessman who wanted to promote his company’s nutritional supplement.

The Justices agreed to allow McDonnell to delay his prison sentence while his case was under review, and in June of this year they threw out his conviction altogether. Just setting up a meeting with state officials, as McDonnell did for Williams, is not a crime – notwithstanding the loans and gifts to McDonnell from Williams. While not condoning McDonnell’s conduct, the Justices expressed concern that a contrary rule could leave the door open for “overzealous” prosecutions.

Today’s announcement likely signals the end of the McDonnells’ legal saga. The broader impact of the Court’s ruling in McDonnell’s case – especially to what extent it prompts the government to forgo future prosecutions – may be harder (and take longer) to discern.

Amy L Howe
Until September 2016, Amy served as the editor and reporter for SCOTUSblog, a blog devoted to coverage of the Supreme Court of the United States; she continues to serve as an independent contractor and reporter for SCOTUSblog. Before turning to full-time blogging, she served as counsel in over two dozen merits cases at the Supreme Court and argued two cases there. From 2004 until 2011, she co-taught Supreme Court litigation at Stanford Law School; from 2005 until 2013, she co-taught a similar class at Harvard Law School. She has also served as an adjunct professor at American University’s Washington College of Law and Vanderbilt Law School. Amy is a graduate of the University of North Carolina at Chapel Hill and holds a master’s degree in Arab Studies and a law degree from Georgetown University.
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