Good news this morning as the Richmond Times-Dispatch notes that former Governor Bob McDonnell has formally requested the U.S. Supreme Court to review his case :
In the petition to the high court, Bob McDonnell’s lawyers say his case presents two questions for consideration.
They say the first is how to define the limits of what constitutes “official action” under federal bribery statutes.
The second is whether a trial judge must ask potential jurors who are exposed to pretrial publicity whether they have formed opinions about the defendant’s guilt as a result and whether the judge should “allow or conduct sufficient questioning” to uncover bias.
The former governor previously raised such questions before the trial judge, U.S. District Judge James R. Spencer, and in his rejected appeal.
Certainly McDonnell’s 9-0 decision from the SCOTUS to remain free while on appeal is highly encouraging, if not exceptional. The government’s effort to make honest services fraud so elastic as to involve anything down to buying a cup of coffee for an elected official is on its face absurd.
Here’s hoping the U.S. Supreme Court agrees.