[1]Chief Justice John Roberts has ordered the government to respond to a request by former Virginia Governor Bob McDonnell to remain free while on appeal to the U.S. Supreme Court. From WTVR [2]:
Chief Justice John Roberts ordered the government to respond to McDonnell’s petition to remain free pending his appeal by Wednesday at 4 p.m.
So McDonnell will remain free until Roberts, or the entire Supreme Court, considers the government’s response.
NBC 12 in Richmond has much more detail [3]:
One prosecutors file their response, the Supreme Court will decide whether to grant the emergency request or order McDonnell to report to prison. If they grant the request, McDonnell could stay out of prison for several months, likely at least until they return for the new term in October.
So a reprieve of a sort, but not quite. Still, for the Chief Justice of the Supreme Court to intervene… one has to be hopeful this remains a sign that the Supreme Court is seriously reviewing this case and considering adopting it.
Given the extraordinarily loose definitions concerning honest services fraud and its use as a political weapon, this is something the Supreme Court ought to resolve… as neither the lower courts nor the legislature seem able or willing to do so.