It is not often that I – or anyone here at Bearing Drift – is motivated to offer praise to a liberal and often partisan Democrat. But Delegate (now Senator-elect) Scott Surovell has earned it.
Back in July 2014, Del. Surovell was the first and one of the only elected officials to call on Governor Bob McDonnell to resign in the wake of the emerging story of his having accepted gifts and loans from Jonnie Williams. McDonnell easily survived these calls and completed his term, leaving office in January 2014.
Shortly thereafter, a highly partisan Obama-Holder U.S. “Justice” Department indicted McDonnell and his wife, ignoring the pleas of dozens of highly respected Republican and Democrat officials across the country to refrain from prosecuting a meritless case.
When the case went to trial, six former Virginia attorneys general – 4 Democrats and 2 Republicans – submitted an amicus (“friend of the court”) brief arguing that the charges against McDonnell lacked any legal merit. Judge James Spencer (whose wife previously had lost a confirmation battle for a state judgeship in which the opposition was led by then-Delegate McDonnell) refused even to look at the brief. Instead, he sent the case to the jury with instructions of law that gave the jury little choice but to convict on most of the charges. The Fourth Circuit Court of Appeals (with a two-to-one margin of Democrat appointees over Republicans) thereafter affirmed the convictions.
McDonnell has now asked the U.S. Supreme Court to review the case and overturn his convictions. The Supreme Court is still considering this request but has granted McDonnell the right to remain free pending its decision.
Yesterday, eleven amicus briefs were filed by prominent present and past officials of both parties in support of McDonnell:
The 11 amicus briefs backing McDonnell’s position include the signatures of:
» Greg Craig, former White House counsel for Obama; John M. Quinn, counsel to Clinton; and Lanny J. Davis, special White House counsel to Clinton.
» 66 former state attorneys general — 34 Democrats, 31 Republicans and one independent.
» 63 current and former state legislators from both parties, including retiring Sens. Charles J. Colgan, D-Prince William; Walter A. Stosch, R-Henrico; and John Watkins, R-Powhatan, as well as current Sen. David W. Marsden, D-Fairfax, and Sen.-elect Scott Surovell, D-Fairfax.
» U.S. Rep. Scott Rigell, R-2nd; former Reps. Jim Moran, D-8th, and Thomas M. Davis III, R-11th; and Michele Bachmann, a Minnesota Republican. Signers also include former Republican Govs. Haley Barbour of Mississippi, Jan Brewer of Arkansas and Sonny Perdue of Georgia.
Did you catch the last name on the list of state legislators? Yep, it’s that Scott Surovell, the same one who led the call two years ago for McDonnell to resign.
I haven’t had an opportunity to talk with Scott about his decision to support McDonnell’s appeal to the Supreme Court. I’m sure he still believes, as I do, that McDonnell’s acts displayed terrible judgment (as McDonnell has publicly acknowledged). Surovell might even still believe that these acts warranted McDonnell’s resignation (a position with which I disagree). But those beliefs would only make Surovell’s support for McDonnell’s legal case all the more remarkable and admirable. Scott Surovell is a highly respected attorney, and it is apparent that he understands that however improper McDonnell’s actions might have been, they were not criminal.
It takes intellectual honesty, courage, and integrity to take a public stand in support of a leader of the opposite party, especially after being vocally critical of that person for the same actions on different grounds. For doing so, Scott Surovell deserves our respect and appreciation.
