BREAKING: Supreme Court Overturns McDonnell Conviction
After nearly two years of legal wrangling since his conviction, the Supreme Court held today that former Virginia Governor Bob McDonnell’s conviction on honest services fraud charges should be overturned. Holding that an official act under the Honest Services Fraud statute is a decision or action on a question, matter, cause, suit, proceeding or controversy, the acts in question in the case were insufficient to sustain a conviction.
In the opinion by a unanimous court (it can be found here), which was authored by Chief Justice Roberts, the Court found that in regards to the Government’s contention that Governor McDonnell had exchanged official acts for gifts and loans, “that [the] question or matter [that constitutes the official act] must involve a formal exercise of governmental power and must also be something specific and focused — that is, pending or may by law be brought before a public official.”
At issue was the broad definition of an “official act” put forth by the government and whether the actions taken by Governor McDonnell were sufficient to justify his conviction. The Court held that they did not, stating that “[t]aking into account the text of the statute, the precedent of this Court, and the constitutional concerns raised by Governor McDonnell, we reject the Government’s reading of §201(a)(3) and adopt a more bounded interpretation of “official act.” Under that interpretation, setting up a meeting, calling another public official, or hosting an event does not, standing alone, qualify as an “official act.””
The Court also held that “[t]o qualify as an official act, the public official must make a decision or take an action on that question or matter, or agree to do so.” As a result, “[g]iven the Court’s interpretation of “official act,” the District Court’s jury instructions were erroneous, and the jury may have convicted Governor McDonnell for conduct that is not unlawful. Because the errors in the jury instructions are not harmless beyond a reasonable doubt, the Court vacates Governor McDonnell’s convictions.”
This is a significant victory, not only for Governor McDonnell but also for opponents of the steady attacks on elected officials by the Justice Department, often using laws far outside their original purpose to win political victories. McDonnell was widely viewed, prior to his conviction, as a rising star in national politics, whose rise was cut short by the investigation and subsequent erroneous conviction.
While it was originally unclear how the Court would break down in terms of the ideological split, given the passing of Justice Scalia, both sides of the Court telegraphed their concerns during April’s oral arguments. Justice Breyer and Chief Justice Roberts both made clear in comments from the bench that they felt the law Governor McDonnell was convicted under, the Honest Services Fraud statute, appeared to be unconstitutionally vague. The unanimous court here demonstrates strongly that the court is willing to rein in expansive misreadings of federal statutes being used inappropriately. Chief Justice Roberts made it clear that “[i]n addition to being inconsistent with both text and precedent, the Government’s expansive interpretation of “official act” would raise significant constitutional concerns.” These concerns mirror those raised by many observers, including Bearing Drift, over the past two years.
Governor McDonnell and his wife were convicted in 2014 of various federal honest services fraud charges involving gifts received from Virginia “businessman” Jonnie Williams. McDonnell was not charged with violating any Virginia law. Despite his conviction, Governor McDonnell received the support of a large bipartisan consensus of elected officials and legal scholars in Virginia, arguing, among other things, that the honest services fraud statute was an overbroad redefining of “official act” to encompass almost every action, no matter how meaningless or superficial, by an elected official. The result was to raise the specter that almost any action taken involving fundraising could be considered honest services fraud, which was far outside the original intent of the statute as passed.
The Court overturning the Governor’s conviction represents the culmination of over two years of legal maneuvering following the Governor’s conviction in 2014. And while the Court decision is welcome, it does little to rehabilitate the damage done to his career and reputation or to dispel the cloud that has since hung over his otherwise successful term as Virginia’s chief executive.
