The cross-examination is done and the McDonnell trial moves toward its closing arguments. There are questions as to exactly when the jury will be given the case, but some court watchers expect a quick verdict.
What will that verdict be?
It all depends upon who has been more credible: the prosecution, or Team McDonnell. What could tip the scale is Judge Spencer’s charge to the jury. It’s no secret Spencer is not a fan of the McDonnells’ “Maureen did it” defense. He was also no great fan of the prosecution’s repetitive pummeling of Bob McDonnell.
But his charge will set the jury on its path. If he frames the case on the basis of how any reasonably smart, reasonably savvy and reasonably aware person should have acted given the facts presented, then it should come as no surprise if the jury returns a guilty verdict.
If Spencer sets the bar higher, the prosecution’s case becomes what it is: circumstantial. Under the law, that’s all they need to get a conviction. But Spencer may declare the law says X, but the facts say Y — Williams got nothing from the Governor or any state agency.
It is possible Spencer sticks to the low bar, sends the jury to deliberate, and they return with an acquittal. That would, effectively, be jury nullification. Prosecutors do not need a smoking gun. All they need is circumstance to imply that a deal existed between Williams and Bob McDonnell.
Think what you will of McDonnell, but that is a legal trap which could ensnare politicians left, right and center. It all depends on whether the Justice Department is keen on adding a trophy to its collection. McDonnell is a very shiny trophy.
But to get him, the DoJ had to give Jonnie Williams, checked past and all, transactional immunity.
That’s an extraordinary price to pay to get Bob McDonnell. Even more extraordinary is that the McDonnell defense team hardly laid a glove on Williams during cross-examination. Absolutely astonishing.
Who will the jury believe? Prosecutors who charge that this is all too coincidental to be a coincidence? Or the former Governor who says he didn’t give, and was incapable of conspiring to give, Williams anything at all?
