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High court overturns former Virginia governor's conviction

 
Published June 28, 2016

WASHINGTON — A unanimous Supreme Court on Monday threw out the bribery conviction of former Virginia Gov. Bob McDonnell in a ruling that could make it tougher to prosecute elected officials accused of corruption.

Chief Justice John Roberts said McDonnell's conduct in accepting more than $165,000 in gifts and loans from a wealthy businessman in exchange for promoting a dietary supplement may have been "distasteful" or even "tawdry," but it didn't necessarily violate federal bribery laws.

McDonnell, once a rising star in the Republican Party, was found guilty in 2014 and sentenced to two years in prison, but was allowed to remain free while the justices weighed his appeal. The case now returns to lower courts to decide whether prosecutors have enough evidence to try McDonnell again.

At issue was a law that bars public officials from taking gifts in exchange for "official action." McDonnell said he never took any official action to benefit then Star Scientific Inc. CEO Jonnie Williams or pressured other state officials to do so. McDonnell claims he did nothing except set up meetings and make some calls for constituent who asked for help.

Prosecutors insisted that McDonnell accepted personal benefits with the understanding that he would use the power of his office to help Williams.

But Roberts agreed with McDonnell that the instructions to his trial jury about what constitutes "official acts" was so broad that it could include virtually any action a public official might take while in office. That could leave politicians across the country subject to the whims of prosecutors, he said.

McDonnell's wife, Maureen, also was convicted of corruption and was sentenced to a year in prison. Her appeal has been on hold while the Supreme Court considered her husband's case. Her attorney, William Burck, said Monday's ruling "requires that her conviction immediately be tossed out as well."

Ruling on guns

The Supreme Court on Monday upheld the broad reach of a federal law that bars people with misdemeanor domestic violence convictions from owning guns.

The justices rejected arguments that the law covers only intentional or knowing acts of abuse and not those committed recklessly — where a person is aware of the risk that an act will cause injury, but not certain it will. As examples, the court mentioned throwing a plate in the heat of an argument, or slamming a door.

The case involved two Maine men who said their guilty pleas for hitting their partners should not disqualify them from gun ownership.