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Tag: Bob McDonnell

News Virginian: No Jail Time for Former Gov. McDonnell Doesn’t Mean He Escapes Disgrace

Ex-Gov. Bob McDonnell

Ex-Gov. Bob McDonnell

By Editorial Board
The News Virginian

After four years of dragging Virginia and his family through the mud with tawdry tales of what any layman would recognize as bribery, it turns out the punishment of former Gov. Bob McDonnell will not be prison time, but abject disgrace.

That’s the effect of the Justice Department’s decision last week to drop the official corruption case against McDonnell, despite recommendations by federal prosecutors in Virginia, who still believed they could secure a felony conviction against him.

The case’s resolution also lifts the threat of further prosecution against McDonnell’s wife, Maureen, whose brief tenure as Virginia’s first lady endowed her with a titanic sense of entitlement.

The Justice Department’s decision follows a decision by the Supreme Court in June vacating McDonnell’s conviction and leaving prosecutors with little realistic chance of securing a conviction under the court’s crabbed definition of official corruption.

The court’s ruling provides comfort for future sticky-fingered politicians, who will find it easier to line their pockets while leading supplicants and suitors by the nose. The McDonnells’ story is as hackneyed as any in America’s lurid history of political graft. A politician of some talent and unobjectionable views, whose good looks and respectable bearing are judged worthy by voters, is elevated by stages to lofty office. Once installed, he performs his official duties competently while, hidden from public view, he rubs shoulders with a conga line of well-heeled, solicitous and ethically agnostic favor seekers.

In the McDonnells’ case, one of them, businessman Jonnie R. Williams Sr., saw advantage in plying the first couple with tens of thousands of dollars in loans, gifts, favors and vacations, a potpourri of generosity in return for which he clearly hoped for favorable state treatment for his company’s tobacco-based nutritional supplement.

To read more click here. 

Justice Department Drops Charges Against Ex-Virginia Gov. Bob McDonnell

Ex-Gov. Bob McDonnell

Ex-Gov. Bob McDonnell

By Steve Neavling
ticklethewire.com

Former Virginia Gov. Bob McDonnell was sentenced to two years in prison in 2014 for allegedly accepting gifts from a businessman promoting a tobacco-based dietary supplement.

But his sentence was on hold as he appealed the case.

Now, the Justice Department is dismissing the 11 felony counts after the Supreme Court ruled 8-0 in June that prosecutors mishandled the case by mixing evidence of illegal activity with routine courtesies, Politico reports. 

The Justice Department said the Supreme Court has made it too difficult to retry McDonnell.

McDonnell and his family went on vacations and received gifts and loans valued at $177,999 from the dietary supplement businessman, Johnnie Williams.

The Supreme Court ruled that prosecutors failed to show that McDonnell intended to provide help to William in exchange for gifts and loans.

“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 further,” said a statement issued Thursday by the Justice Department. “The department thanks the trial team and its investigative partners for their outstanding work on this case.”

McDonnell’s legal team applauded the victory.

“We have said from the very first day that Bob McDonnell is an innocent man. After a long ordeal traversing the entire legal system, that truth has finally prevailed. We are thrilled Governor McDonnell can finally move on from the nightmare of the last three years and begin rebuilding his life,” McDonnell lawyers Hank Asbill, John Brownlee and Noel Francisco said in a statement.

The Wrap Up of the U.S. Supreme Court’s Criminal Cases for 2015-16, Including the Decision on Ex-Virginia Gov. Bob McDonnell’s Corruption Case

Ross Parker was chief of the criminal division in the U.S. Attorney’s Office in Detroit for 8 years and worked as an AUSA for 28 in that office.

Ex-Gov. Bob McDonnell

Ex-Gov. Bob McDonnell

By Ross Parker
ticklethewire.com

The Supremes spent a very busy June and completed opinions on six difficult criminal cases, as well as three important civil cases and several others totaling 24 opinions as of June 27th.

That constitutes more than a quarter of the opinions for the entire year. The Court did, of course, have other business, several hundred certiorari petitions to review for next term’s docket, in-chambers opinions (applications to stay proceedings etc.), orders, and a few per curiam opinions deemed not to be worthy of full, authored opinion. The Justices have, for the most part, cleared the deck so that they can visit the grandchildren.

The Court rounded off the term on criminal cases by vacating the conviction of former Virginia Governor Bob McDonnell in a convincing unanimous opinion that not only restored his career hopes but also those of hundreds of legislators who feared the government’s interpretation of Hobbs Act bribery would make politics as usual a dicey business.

The Court narrowed the definition of “official acts” and “pending question or matter” such that the standard assistance of constituents provided by politicians could not result in a career-ending indictment.  The Court did not go so far as to completely end McDonnell’s worries. It remanded the case to the Court of Appeals to review his claim that the evidence was insufficient, thus requiring dismissal of the charges. Even if he overcomes that hurdle or the Justice Department decides not to re-try the case, the question is whether future voters will forgive the First Couple’s receipt of $175,000 in shopping sprees and luxury vacations from someone who got essentially zero for his generosity.

As expected, the Court also vacated the judgment in Williams v. Pennsylvania, a capital case in which the Chief Justice of the Pennsylvania Supreme Court refused to recuse himself from ruling on a habeas petitioner’s appeal. What makes this action remarkable is that the Chief Justice, in his position as district attorney, had been involved in the criminal case by authorizing the decision to seek the death penalty and in supervising the case generally as head of the office. The vote, however, was closer than expected, 5-3, in reviewing this egregious behavior by former Chief Justice Castille. The dissent’s distinction was that the appeal involved a habeas decision, not the criminal phase of the case and occurred after Castille had left the prosecutor’s off ice. The state’s argument did not, however, pass the smell test, whatever artificial distinctions could be drawn.

In contrast, the Court ruled unanimously, 8-0, to reverse the 9th Circuit’s dismissal of the conviction in United States v. Bryant. The case held that tribal court domestic assault convictions could be valid predicates in a federal habitual offender prosecution, even though the prior convictions were without counsel. This was not a 6th Amendment violation since the right to counsel does not apply in this misdemeanor context in tribal courts. A victory for serially battered Native American women.

It was a tough month for Puerto Rico. Another prediction whiff by this column occurred in Puerto Rico v. Sanchez Valle. Apparently a vestige of Yankee imperialism lives on since the majority found that Congress, not the Puerto Rican people, was the historical source of the territory’s authority to enforce criminal laws. This meant that Puerto Rico is not sovereign in the same way that Indian tribes or the states are. Therefore the illegal firearms prosecution by local prosecutors was barred under Double Jeopardy after the Justice Department did a quickie prosecution for the same offense while the Puerto Rican case was awaiting trial.

For my money, Justice Breyer’s dissent had it right that all three branches of the federal government had returned that authority to the people of Puerto Rico when a self-governing Constitution was authorized. This broke any chain of authority going back to Congress. Yet another reason for statehood.

Then the Court piled on a week later when it struck down a Puerto Rican civil law as unconstitutional under the federal bankruptcy law. The case disallowed the attempt by Puerto Rican public utilities to restructure a $20 billion debt over the objections of creditors. Without a way to reduce its enormous debt, the case threatens the government’s ability to provide transportation and clean water to the public. Unlike say Detroit, Puerto Rico had been excluded from the Bankruptcy Code by Congress in 1984. Look for a renewed bail out plea by Puerto Rico to Congress.

In Taylor v. United States the Court rejected the defendant’s clever defense to a Hobbs robbery charge that he only intended to rob those who dealt in locally grown marijuana, and thus had no effect on interstate commerce. Not much left of this element in the context of drug dealing victims since all drug dealing affects the economy.

Without Justice Scalia as a partner in dissents, Justice Thomas must feel lonely on that side of the opinions. Justice John Marshall Harlan was the first called the Great Dissenter for his opposition in the 19th Century to the Court’s abominable opinions denying equal protection to Black Americans. Since then others have been given the title as an expression of respect—Oliver Wendell Holmes in the 1st Amendment freedom of speech context, Hugo Black and William O. Douglas in the 60s, and John Paul Stevens for his unique way of viewing the law in contemporary society. But Justice Thomas will never join their ranks. The Great Contrarian perhaps.

The Court in Utah v. Streiff held 5-3 that the attenuation doctrine could limit the exclusionary rule’s application in the context of a police officer who made an unlawful stop but then got lucky when he discovered that there was an outstanding arrest warrant for the detainee. The case made sense since the officer acted in good faith and did nothing to contrive the basis for the stop. As Napoleon said before Waterloo, it’s better to be lucky than good.

Another significant 4th Amendment decision was Birchfield v. North Dakota/Bernard v. Minnesota, in which the Court reviewed state statutes which made it a crime for detained drivers to refuse to submit to a sobriety test. Both breathalyzer and blood tests are considered searches incident to arrest, but is a warrant required? The Court distinguished between the two, finding that the former does not implicate significant 4th Amendment privacy interests but the latter does. So, unless there are exigent circumstances, a warrant is required to obtain a blood sample.

Finally the Court disappointed 2nd Amendment firearms advocates in holding in Voisine v. United States, by a 6-2 vote, that a conviction of domestic violence misdemeanor, even with only a showing of recklessness, could satisfy the federal statute’s prohibition of possession of a firearm.

For those schadenfreudian readers who kept track of the column’s predictions for the term, it is 17 out of 22, about 80%, great for a hockey forward on shoot outs, bad for a goalie.

Not that the summer will be a complete blow-off for the Justices. They, with the help of their law clerks, continue to look over about 100 new petitions for review received every week, along with motions, preparing for fall arguments, etc.

Actually, the Justices travel quite a bit throughout the year, frequently on the dime of outside groups. These trips totaled 365 for all nine of the Justices last year, ranging from about five a year by Chief Justice Roberts to around 25 by Justice Scalia. The trips often involve speeches which, no doubt, help educate the public about the life and function of the Court.

One interesting development this last month was the GAO’s report which gently supported the idea of live video of oral arguments, an issue advocated for some time. Two of the Circuit Courts, as well as dozens of state courts, already have stepped into the 21st Century with this project. The Court, however, is cautious about such changes, and column writers on oral arguments are unlikely to be made redundant in the near future.

This project has renewed my respect for the rigorous job the Justices have as the Supreme law of the land. Not the occupation for slackers or the faint of heart.

April Supreme Court Cases Include Conviction of Ex-Virginia Governor

By Ross Parker
ticklehthewire.com

The Supreme Court will hear oral arguments in four difficult criminal cases on the April docket. All without the incisive, biting and entertaining interrogation of Justice Scalia. But last month Justice Thomas asked his first question in more than a decade. That must have raised some eyebrows.

One of the highest profile cases of the term, McDonnell v. United States, will be among those argued. Bob McDonnell was the popular governor of Virginia, and his name had been mentioned as a Vice Presidential running mate. Probably not any more since his prosecution for bribery.

Gov. Bob McDonnell

Gov. Bob McDonnell

His financial problems led him and his wife to seek various loans and gifts valued at over $175,000 from a businessman who was promoting a dietary supplement under review by the FDA. The gifts included a $20,000 shopping spree by Mrs. McDonnell, a former Washington Redskins cheerleader. Not that I hold anything against former cheerleaders (some of my best friends…), but she does seem to be at the center of both the “quid” and the “quo” of this sordid affair.

The issue before the Court is whether the Hobbs Act felony of agreeing to take “official action” in exchange for something of value by exercising actual government power (i.e. bribery) was proven in the case, as opposed to merely providing routine political courtesies, benefits and access to others.

The evidence at trial included the following “official acts” by the governor, all around the time that the McDonnells were receiving their goodies: asking the Secretary of Health to send an aide to a meeting where Mrs. McDonnell and the businessman could pitch the product; attending a luncheon arranged by Mrs. McDonnell where  the businessman gave two state medical schools $200,000 to research the product; sending an ambiguous email (at Mrs McDonnell’s request) to a staffer regarding the medical school’s lack of responsiveness; inviting the businessman to a reception for the “Health Care Leaders”; and finally suggesting a meeting to discuss whether the product could be included in the state employee health plan. Note the First Lady’s involvement. Cherchez la femme

None of these actions by the governor resulted in any specific benefit to the businessman. Nor did the governor make any request or order that a government official do anything other than exercise his/her independent judgment. McDonnell said that he was doing nothing more than helping a state business and extending political courtesies.

The Solicitor General argues that at least some of the actions amounted to personal benefits conferred in exchange for an agreement to influence government matters. But McDonnell’s supporters filed more than a dozen briefs which warn that the expansion of the statute to include this kind of conduct will create an ill-defined situation where aggressive federal prosecutors could criminalize what has been merely political custom.

Read more »

Parker: April Supreme Court Cases Include Conviction of Ex-Virginia Gov. Bob McDonnell

Ross Parker was chief of the criminal division in the U.S. Attorney’s Office in Detroit for 8 years and worked as an AUSA for 28 in that office.

By Ross Parker
ticklehthewire.com

The Supreme Court will hear oral arguments in four difficult criminal cases on the April docket. All without the incisive, biting and entertaining interrogation of Justice Scalia. But last month Justice Thomas asked his first question in more than a decade. That must have raised some eyebrows.

Ross Parker

Ross Parker

One of the highest profile cases of the term, McDonnell v. United States, will be among those argued. Bob McDonnell was the popular governor of Virginia, and his name had been mentioned as a Vice Presidential running mate. Probably not any more since his prosecution for bribery.

His financial problems led him and his wife to seek various loans and gifts valued at over $175,000 from a businessman who was promoting a dietary supplement under review by the FDA. The gifts included a $20,000 shopping spree by Mrs. McDonnell, a former Washington Redskins cheerleader. Not that I hold anything against former cheerleaders (some of my best friends…), but she does seem to be at the center of both the “quid” and the “quo” of this sordid affair.

The issue before the Court is whether the Hobbs Act felony of agreeing to take “official action” in exchange for something of value by exercising actual government power (i.e. bribery) was proven in the case, as opposed to merely providing routine political courtesies, benefits and access to others.

Ex-Gov. Bob McDonnell

Ex-Gov. Bob McDonnell

The evidence at trial included the following “official acts” by the governor, all around the time that the McDonnells were receiving their goodies: asking the Secretary of Health to send an aide to a meeting where Mrs. McDonnell and the businessman could pitch the product; attending a luncheon arranged by Mrs. McDonnell where  the businessman gave two state medical schools $200,000 to research the product; sending an ambiguous email (at Mrs McDonnell’s request) to a staffer regarding the medical school’s lack of responsiveness; inviting the businessman to a reception for the “Health Care Leaders”; and finally suggesting a meeting to discuss whether the product could be included in the state employee health plan. Note the First Lady’s involvement. Cherchez la femme

None of these actions by the governor resulted in any specific benefit to the businessman. Nor did the governor make any request or order that a government official do anything other than exercise his/her independent judgment. McDonnell said that he was doing nothing more than helping a state business and extending political courtesies.

The Solicitor General argues that at least some of the actions amounted to personal benefits conferred in exchange for an agreement to influence government matters. But McDonnell’s supporters filed more than a dozen briefs which warn that the expansion of the statute to include this kind of conduct will create an ill-defined situation where aggressive federal prosecutors could criminalize what has been merely political custom.

Read more »

Virginia Gov. McDonnell Struggles to Preserve ‘Squeaky Clean’ Image During FBI Probe

Steve Neavling
ticklethewire.com

The FBI investigation into Virginia Gov. Bob McDonnell is raising questions about whether the rising star in the Republican Party is all he was stacked up to be, the Washington Examiner reports.

Once considered a candidate for president in 2016, McDonnell has come under fire after FBI agents began investigating McDonnell’s relationship with a wealthy campaign contributor.

“The man was squeaky clean,” Jeremy Mayer, a political science professor at George Mason University, told the Examiner. “He was a personable, honest, good guy. He’s now going to fall victim to the politics of personal destruction.”

The investigation centers around Star Scientific CEO Jonnie Williams, who is accused of giving McDonnell’s family lavish gifts, including paying for a $15,000 catering bill for the governor’s daughter.

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