Heather Curtis

WMAL.com

WASHINGTON – Former Virginia Governor Bob McDonnell lost an appeal to stay out of prison while waiting to see if the U.S. Supreme Court will hear another appeal on public corruption charges.

Thursday’s decision by the Fourth Circuit Court of Appeals in Richmond means McDonnell may be confined to a prison cell sometime in the next few weeks.

Former federal prosecutor of public corruption Jacob Frankel said this decision goes back to the original judgement the appellate court made in response to McDonnell’s appeal of the trial court’s ruling.

“It agreed with how the trial court handled the case, and based on that confidence and that certainty this was the expected and logical outcome to require Mr. McDonnell to report to jail,” said Frankel.

In September McDonnell was sentenced to two years in prison after being convicted of accepting bribes from businessman Jonnie Williams Sr. in exchange for promoting a new dietary supplement.

Thursday’s ruling doesn’t mean McDonnell will definitely be sent to prison because he has the right to appeal to the Supreme Court to allow him to remain on bail while he waits for that court to decide whether to hear his appeal on corruption charges. Frankel said he doubts McDonnell would be successful if he exercises that option.

However, Frankel said there is precedent for the Supreme Court to consider whether McDonnell’s corruption charges will stick.

“I don’t see the scenario that normally comes into play that would cause the Supreme Court to accept the appeal,” Frankel added.