Bob McDonnell has won his request for an appeal at the Supreme Court of the United States.
The justices said Friday that they will review lower court rulings that upheld the convictions based on what McDonnell says is an overly broad definition of bribery.
A jury in September 2014 convicted McDonnell and his wife, Maureen, of doing favors for wealthy vitamin executive Jonnie Williams in exchange for more than $165,000 in gifts and loans. Williams was seeking state university research on his company’s signature anti-inflammatory product.
The Obama administration urged the court to reject the appeal, saying the jury had ample evidence of bribery.
But Republicans and Democrats who once worked in the Justice Department and White House joined McDonnell in contending that the overly broad definition of bribery on which he was convicted would make a crime of routine actions by elected officials on behalf of their constituents.
The court specifically limited the grant to his first question in the cert. petition, passing on the question concerning jury instruction.
I. Under the federal bribery statute, Hobbs Act, and honest-services fraud statute, 18 U.S.C. §§ 201, 1346, 1951, it is a felony to agree to take “official action” in exchange for money, campaign contributions, or any other thing of value. The question presented is whether “official action” is limited to exercising actual governmental power, threatening to exercise such power, or pressuring others to exercise such power, and whether the jury must be so instructed; or, if not so limited, whether the Hobbs Act and honest-services fraud statute are unconstitutional.
The Supreme Court will specifically look at the definition of honest-services fraud and, more broadly, the criminalization of politics.
The Supreme Court will hear the case in April with an expected decision in June.
4:32pm UPDATE: Bob McDonnell has released the following statement after today’s decision by the Supreme Court:
“I am very grateful to the US Supreme Court for its decision today to hear my case. I am innocent of these crimes and ask the Court to reverse these convictions. I maintain my profound confidence in God’s grace to sustain me and my family, and thank my friends and supporters across the country for their faithfulness over these past three years.” Bob McDonnell
