For once, Chief Justice Roberts got it right. I look forward to reading his full opinion.
Meanwhile, you’d think a 32-year career prosecutor would show a little restraint. In my days covering the courts, I met a few prosecutors who literally felt they were “god” (with a large “G”) and could find crime and corruption under any rock. Some of them also had political grudges, or they were upset because they hadn’t advanced further in their career. To be fair, I don’t know Mr. Boente and can only speculate about his motivations. But a unanimous reversal by the SCOTUS is hardly a highlight of his career.
This much I know: DOJ has always been political, but never like it has under Obama. I guess a lot of career prosecutors (and other officials) sensed which way the wind was blowing and decided to bend that way and maintain their positions in the bureaucracy.
Meanwhile, you’ve got obvious violations of multiple federal statutes with Hillary’s e-mail scandal, and mark my words, Loretta Lynch will go through amazing legal contortions to avoid an indictment.
In fact, one of he more original “conspiracy theories” on the subject goes something like this: at some point, there will be rumblings about James Comey’s handling of the Orlando investigation and the FBI’s failure to identify Omar Mateen as a terrorist (never mind that it was Obama’s mandated political correctness that prevented the bureau from pursuing an investigation). There will be rumblings about Comey not doing his job, which will be picked up by the Dims on Capitol Hill.
At that point, Barry will lose confidence in the FBI director and dismiss him. There will be a huge furor and a number of agents and supervisory personnel will resign, but that won’t be a concern for Obama. Instead, the decision about recommending an indictment will be left to an acting director, someone elevated from the ranks of the career deputy directors, who may be less willing to take on the White House. The need for the appointee to fully review the evidence will create an additional delay, pushing any FBI recommendation past the election. If Hillary wins, the game’s over. If Trump wins, Obama pardons Clinton on his way out the door.
Bob McDonnell can be retried under the Supreme Court’s ruling.
The background:
After a five-week trial and three days of jury deliberations in the United States District Court for the Eastern District of Virginia, McDonnell and his wife were found guilty of public corruption charges on September 4, 2014. He was convicted of honest services wire fraud, obtaining property under color of official right, and extortion under color of official right. His wife was convicted of honest services wire fraud, obtaining property under color of official right, extortion under color of official right, and obstruction of a federal proceeding. Senior United States District Judge James R. Spencer set sentencing for January 6, 2015. The United States Probation Office recommended sentencing between ten years and one month to twelve years and seven months.
Following his conviction, McDonnell lost his Liberty University teaching job.
On January 6, 2015, Judge Spencer sentenced the former governor to two years in prison, followed by two years of supervised release. Prior to sentencing, the judge agreed with the defense counsel; believing McDonnell’s gifts were overstated, and reduced McDonnell’s potential sentence. In arguing for leniency, McDonnell’s attorneys produced over 400 letters, including ones from McDonnell’s predecessor, former Democratic Governor and United States Senator Tim Kaine, and former United States House of Representatives Majority Leader Eric Cantor, arguing that McDonnell lead an exemplary public life marred by one mistake.
On January 26, 2015, the 4th U.S. Circuit Court of Appeals ordered that McDonnell remain free pending appeal, but on July 10, 2015, the court affirmed McDonnell’s conviction. On August 31, 2015, the U.S. Supreme Court ordered that McDonnell remain free pending a decision from that court to hear or not hear the case. On December 8, 2015, the U.S. Solicitor General and others filed a brief with the Supreme Court requesting the court not to hear the case. In January, 2016, the Supreme Court agreed to hear the case.
The court heard oral arguments on the case for 60 minutes on April 27, 2016. Today the Court unanimously vacated McDonnell’s conviction onholding that the trial court’s construction of the statutory term “official act” was too broad, encompassing activities such as setting up meetings, hosting parties and calling Virginia officials to discuss Williams’ business. Justice Roberts, writing for the court, left open the option for retrying McDonnell under a more restrictive construction of the disputed term, writing, “If the court below determines that there is sufficient evidence for a jury to convict Governor McDonnell of committing or agreeing to commit an ‘official act,’ his case may be set for a new trial. If the court instead determines that the evidence is insufficient, the charges against him must be dismissed. We express no view on that question.”