Newspaper article Roll Call

What Does Bob McDonnell's Case Mean for Members and Staffers? | Question of Ethics

Newspaper article Roll Call

What Does Bob McDonnell's Case Mean for Members and Staffers? | Question of Ethics

Article excerpt

Q. I am not an attorney, but I have several friends who are, and they seem to think that the latest development in Bob McDonnell's legal case is significant. I know that McDonnell lost the appeal of his conviction on corruption charges. But, can you explain the legal significance of the case to a non-lawyer like me? Should it mean anything to those of us on the Hill?

A. Yes, it should. Though Bob McDonnell was a state government official -- governor of Virginia -- he was tried in federal courts by federal prosecutors for violations of federal laws, the same laws that apply to government officials all around the country, including members and staffers on the Hill. Therefore, the recent decision by the 4th U.S. Circuit Court of Appeals in Richmond, Va., to reject McDonnell's appeal could have consequences well beyond Virginia.

The issue in the case that many attorneys have been watching closely is what kinds of actions are covered by federal prohibitions on bribery. Federal law provides that public officials may not corruptly demand, seek or receive anything of value "in return for ... being influenced in the performance of any official act."

In the McDonnell case, there was little dispute that he and his wife received things of value from a Virginia businessman, including loans, trips, a Rolex watch and more. At issue was whether the gifts were part of an agreement between McDonnell and the businessman to obtain influence over anything that would qualify as an official act.

The government contended McDonnell took many acts to help the businessman's efforts to launch a new health product. McDonnell argued on appeal, however, that nothing he did to help the businessman could be considered an official act under the law. The government's refusal to distinguish "between official acts, and every other act an official takes," McDonnell's appeal brief said, "led it to indict and convict Governor McDonnell for conduct that has never been criminal." The government's "boundless definition" of official act, the brief said, "would make virtually every elected official ... a criminal."

Other former officials voiced similar concerns, including a group of 44 former state attorney generals, who filed a brief in support of McDonnell's appeal. The court that convicted McDonnell "handed federal prosecutors virtually unfettered discretion to prosecute state officials for political courtesies and other innocent acts that are a routine part of American political life," the brief argued. …

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