By Heather Curtis
WMAL.com
WASHINGTON — (WMAL) Former Virginia Governor Bob McDonnell’s attorneys have until Aug. 29 to decide whether to re-try his corruption case in the Fourth Circuit Court of Appeals.
Prosecutors asked for more time to look over the Supreme Court’s June ruling, which unanimously overturned McDonnell’s corruption conviction.
The high court agreed with McDonnell’s attorneys that the federal government’s definition of an “official act” was so broad that it could put politicians in prison for normal participation in the democratic process.
“This case marks the first time in our history that a public official has been convicted of corruption despite never agreeing to put a thumb on the scales of any government decision,” one of McDonnells lawyers Noel Francisco argued in court papers.
Justice Stephen Breyer said the laws used by the lower court to convict McDonnell could put at risk “behavior that is common” for politicians.
The justices sent the case back to the appeals court, but given their decision political analysts have said it would be difficult for the prosecution to get a conviction in a new case.
In 2014 the appeals court convicted McDonnell of taking bribes, including shopping trips and golf outings, from supplement maker Jonnie Williams, and sentenced him to two years behind bars. McDonnell was allowed to stay out of prison while the high court decided whether to hear his appeal of the lower court’s ruling.
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