Was Bob McDonnell convicted for politics as usual?
| Washington
Does former Virginia Gov. Bob McDonnell face decades in jail for the crime of engaging in politics as usual?
That鈥檚 what some pundits and legal experts are wondering in the wake of Thursday鈥檚 sweeping public-corruption verdict against Mr. McDonnell and his wife by a federal jury.
McDonnell himself was convicted on 11 of 13 counts related to charges that he used his office to promote a dietary supplement in exchange for tens of thousands of dollars in cash, expensive gifts, and a drive in a Ferrari. Wife Maureen McDonnell was convicted on nine of 13 counts. Sentencing is set for Jan. 6.
On one hand, the McDonnell trial result was unsurprising. The largess showered upon Virginia鈥檚 first couple by businessman Jonnie Williams was extensive and gaudy.
Mr. Williams gave the governor a Rolex as a present 鈥� and received a text message with a photo of McDonnell wearing the watch in return. The supplement salesman paid $15,000 to cater the McDonnells' daughter鈥檚 wedding and provided large sweetheart loans to help bail the McDonnells out of financial trouble. Prosecutors had to produce a flowchart to explain to jurors which McDonnell family member got what round of free golf where, and when.
In many cases, the gifts might not technically have been illegal. But together, they were almost a parody of corruption, a bribe scheme as seen on a 鈥淪impsons鈥� episode. Many political observers were shocked that McDonnell, a rising GOP star once touted as a smart VP pick for Mitt Romney, had not seen the dangers in the materialistic relationship with Williams.
鈥淗ow much simpler could this get? It鈥檚 only a degree of reality or two away from an old-timey political cartoon of a tuxedoed plutocrat, smoking a cigar, handing over a big bag marked 鈥�$$$,' to a crooked politician slapping his back and cackling,鈥� .
But what did Williams and his company, Star Scientific, get in return?
They got fairly mundane actions in return, that鈥檚 what. The governor set up meetings with state health officials for Williams. He made phone calls pressing for state universities to research the alleged health benefits of Star Scientific's supplements, based on a substance found in tobacco.
McDonnell鈥檚 defense argued that these were things he would have done for any Virginia-based entrepreneur. Some commentators agree, pointing out that he did not divert state funds to Star Scientific, push legislation on Star鈥檚 behalf, or appoint officials beholden in some manner to Williams.
鈥淭he precedent that doing innocuous favors for donors constitutes criminal activity should be alarming to politicians throughout the country.... By transforming politics as usual into a felony, the Obama Justice Department has broken new ground to be sure,鈥�
McDonnell鈥檚 favors for his cash-happy businessman friend might have gone beyond 鈥減olitics as usual鈥�: Calls got returned immediately, and the governor sometimes took action on Williams鈥檚 requests very quickly. Lots of Virginia business executives would have loved to have the access to the governor鈥檚 office that Williams enjoyed.
But in legal terms, prosecutors did stretch the terms of what might be considered an 鈥渙fficial act鈥� for the purposes of charging that McDonnell deprived voters of the honest services of his office. That鈥檚 sure to be a central issue in McDonnell鈥檚 inevitable appeal of the verdict.
In his instructions to the jury, Judge James Spencer said they could consider any actions that a public official 鈥渃ustomarily performs鈥� when deciding whether McDonnell traded favors for gifts. These could be informal actions, as opposed to the official stuff the governor does in public, like signing bills.
Higher courts might decide that Judge Spencer went a bit beyond settled law with this directive. In at least one recent decision, the US Supreme Court has framed 鈥渉onest services fraud鈥� relatively narrowly.
鈥淎n appellate court, or the Supreme Court, could decide that an official act by the governor has to be something more than hawking a product or holding a luncheon,鈥� in an examination of McDonnell鈥檚 possible avenues for appeal.
But in the meantime, politicians around the United States might need to reconsider actions they would have taken in the past. Not many get rides in Ferraris or Rolex watches from ambitious entrepreneurs, but lots of officials make phone calls for donors or introduce business friends to state regulators. Politico summed this point up : 鈥淭he McDonnell verdict鈥檚 lesson: Politicians beware."
