WASHINGTON — (WMAL/CNN) The U.S. Supreme Court has kept former Virginia Gov. Bob McDonnell waiting until the last day of its 2015-16 term to find out his fate.
That wait ends on Monday morning.
McDonnell, who is facing a two-year sentence for corruption, received what many court observers believed was a friendly audience before the Supreme Court when his appeal was heard back in April.
His case centers around the question of what constitutes the scope of “official action” under federal corruption law.
Justices on both sides of the ideological divide expressed concern about federal corruption laws that could criminalize what they variously called “routine” or “everyday” actions that politicians perform for campaign contributors or supporters who have provided them with gifts.
In 2014, McDonnell was convicted of 11 counts by a federal jury that found that he violated the law when he and his wife received money and loans (around $175,000 and a Rolex watch) from Jonnie R. Williams, the CEO of a Virginia based company called Star Scientific. Williams at the time was seeking state support in a bid to get FDA approval for a dietary supplement his company was developing called Antabloc.
The government argued that McDonnell received loans, deluxe shopping trips and golf outings and in return used the power of his office to help Williams’ company. McDonnell’s lawyers argue that his actions were limited to routine political courtesies and he never put his thumb on a scale by exercising government power on Williams’ behalf.
The court has a wide range of options before it as it concerns McDonnell. It could uphold his conviction and send him to prison, or it could reverse it, declaring the laws that convicted McDonell to be constitutionally vague. The court could also order McDonnell to be resentenced or to receive a new trial.
In case of a 4-4 tie, the win would favor the government, and McDonnell’s conviction would stand.
A decision should be released at approximately 10 am.
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