Former Governor Bob McDonnell and former Virginia First Lady Maureen McDonnell failed today in their bid to have charges against them dismissed. This is a worrisome development for the McDonnells, as it means the federal judge handling that case has rejected—for now, at least—the McDonnells’ arguments that the prosecution’s case is based on a misinterpretation of applicable law. The ruling means that the case will head for trial starting July 28, according to the Richmond Times-Dispatch.
The McDonnells had argued that what they did for Star Scientific CEO Jonnie Williams that was supposedly in exchange for his lavish gifts to the couple did not rise to the level of “official” action under federal bribery legislation. Favors the former First Couple are alleged to have given Williams include opening the executive mansion for a Star Scientific product launch party, and introducing Williams to a top state health official. Today’s ruling is a rejection of the McDonnell’s arguments that, as a matter of law, such favors do not constitute official actions. It leaves open the possibility that the facts presented at trial will prove in some way that the McDonnells actions were “official.”
The judge also denied the McDonnells’ motion for separate trials. As WTOP reports,
Defense lawyers had also pressed for separate trials, saying Maureen McDonnell was willing to give testimony exonerating her husband at his trial. But they added that Maureen McDonnell is not willing to testify at a joint trial because it would hamper her defense on a separate obstruction of justice charge filed solely against her.
Spencer said the defense had only offered vague statements that didn’t show a compelling need for separate trials.
Possibly the most fascinating part of the judge’s rulings today were the subpoenas issued at the request of the defendants. Apparently, Gov. McDonnell is poised to offer the “everybody was doing it” defense. According to the RTD:
Another subpoena went to Mark Rubin, who served as senior adviser and counselor to then-Gov. Timothy M. Kaine.
Defense lawyers argue that McDonnell’s predecessors as governor, engaged in “indistinguishable conduct,” including Kaine receiving use of a Caribbean vacation home, valued at $18,000, from an investor whom he reappointed to the Virginia Commission on Higher Education Board Appointments.
Good luck with that one.
Though, it is odd, isn’t it, that only McDonnell has been skewered for this kind of conduct? Not to try to excuse such apparent corruption, but it does seem like an unfair application of the law when the Democrat skates free while the Republican sits in the dock.
15 comments
[…] 5/20/2014 Judge Denies McDonnell’s Bid to Dismiss Corruption Charges […]
The GA has legalized corruption in Virginia politics. They have legalized crime.
In my opinion, the things McDonnell has admitted to are wrong, may not be illegal, but should be.
People should hope McDonnell gets the book thrown at him, so as to possibly deter, or slow down the flow of money in politics.
As I predicted, all the accusations during the campaign against McAulliffe have went away.
To vote for another Republican governor was to say you want another tax increase, HB2313 just wasn’t large enough for you.
I voted for McAuliffe, and I think he is doing an excellent job. He and his party are the new fiscal Conservative Party in Virginia.
What does it say when the Virginia Republican Party Executive Director, will not even match a couple $100 campaign contributions to 2 Conservative Republicans, Dave Brat and Congressman Rob Wittman.
You should be complaining about Liberal tax increasing Speaker HB2313 Howell’s massive budget increase proposal this year. Financed by last years HB2313 tax increase.
What a joke.
“He and his party are the new fiscal Conservative Party in Virginia.” Are you serious?!? He wants to expand Medicaid and usher in ObamaCare. Neither are fiscally conservative!
Hello, and thank you for your response to my comment.
I take it that you are against the expansion of Medicaid in Virginia? Could you please tell me how Medicaid works now in Virginia? If you don’t know I would be more than happy to tell you. How can you be against expansion if you do no know if what we have now is worse?
Besides me, how many people in this blog constantly complain, or ever complain about the massive budget increases of Republicans in the Virginia Gen. assembly?
Who’s budgets were more conservative Kaine’s or McDonnell’s?
How many of you called for the complete repeal of HB 2313, the largest tax increase in Virginia history, which is being used for just about everything but transportation?
How many of you have called for the resignation of speaker HB 2313 Howell and former Senate majority leader “Safari” Tommy Norment for giving us HB 2313?
You appear to side step I issues that are now history?
Current Medicaid payments are already on an unsustainable path… movement along that path will only be turbocharged if more classes of people are added to the roles. If you look at the Oregon study, proponents of medicaid expansion cannot even claim that health care outcomes will be improved.
Are the massive Republican led Virginia budget increases sustainable? Are the increases in healthcare before ObamaCare sustainable? Is the rising cost of higher education sustainable? Is the amount of taxpayer dollars that the Virginia GA pumps into higher education sustainable? Why should middle-class and poor taxpayers subsidize higher education for the rich at state sponsored schools? Why should taxpayers subsidize anyone’s higher education?
Can anyone in this blog tell me how Medicaid is paid to healthcare providers now?
From The Medical Society of Virginia site:
“Virginia Medicaid, in its fee-for-service business, has just one statewide fee schedule with no geographic variation. Accordingly, under its fee for service business, a physician receives the same
reimbursement for a 99214 code whether the services are provided in Virginia Beach, Wytheville or Fairfax.
However, over one-half of all Medicaid and FAMIS recipients are enrolled in one of several private health plans. These health plans contract directly with providers and, although it is dangerous to make
generalizations about multiple plans which all have multiple provider contracts, generally pay as much or more than the fee-for-service Medicaid fee.
Health plan penetration varies by region of the state and this could contribute to the impression that fees vary by region. In addition, health plans do not all pay exactly the same fees. Each one develops
its own contracts with providers. This also may contribute to the impression that fees vary by region. In addition, some variation may exist among plans even within a single region.
In summary, any apparent variation in Medicaid fees, by geographic region, is not due to a geographic differential intentionally built into the Medicaid fee schedule because no such differential exists. If such
variation occurs, it is a result of the fact that there are several health plans, each contracting separately in the development of its own network of providers.”
As to the rest, I agree with you. All of those things are problematic… although I will assert that increases in health care costs pre-obamacare over the rate of inflation can likely be attributed to Government interference of one sort or another since medical services that have not traditionally been covered by insurance did not see the same increases.
Let me ask the question another way. Someone shows up at the ER without any way to pay. They are treated according to law. How is the provider paid now, in Virginia?
Also, the key to less and smaller government is smaller budgets, less spending. The proposed budget by the Republicans at this years GA is about $10B, the growth of the economy is basically zero these days.
I believe the federal and state governments provide money, mostly in the form of grants, that pays for the care of indigent patients. Hospitals will also make arrangements for non-medicaid self pay patients to pay their bills off in installments.
That people should have insurance to cover medical care (and that ER visits would be less frequent if they did) is an argument used during the Obamacare debate, too. Here is the thing, though. It is cheaper to pay for such care using the ad hoc system in place right now than it would be to expand the bureaucracy and cover people under Medicaid. Remember, the really poor and the really young (children) are already covered when needed under current Medicaid. The expansion would cover people who are, at least in theory, able-bodied, employed and young enough that they should cover the cost of their own healthcare.
I have been in that position before where I had no insurance and needed medical care. It sucked but I got through it and d(eventually) paid those bills off. That is how it should be. They were MY bills, not yours and certainly not every citizen of this Commonwealths. It would not have been right to foist them off on someone elso even if I could.
I am just curious, in the last budget, Gov. McDonnell found about an extra quarter billion dollars to throw at higher education. That was extra, in addition to what was already in the pipeline.
Are you offended by paying for others healthcare, but not their college education? Here is a link to what college professors, administrators, coaches make. Take a look at it.
http://datacenter.timesdispatch.com/databases/salaries-virginia-state-employees-2012/
And, these colleges recently announced about 5-6% increases, in a 0 growth economy.
I am goin to post a long healthcare post when I get to my computer. I would like to see your opinion.
Thanks for your reply!
Actually, it does offend me. I also think that the cost of both healthcare and higher eduction have been vastly distorted and inflated by governmental involvement.
No doubt, you are right. Government backed student loans have provided the never ending stream of cash to allow for infinite increases in the cost of higher education.
Stop government backing of student loans, stop the increases.
Employer paid insurance companies have done the same for healthcare.
All financed by greed.
Grants. Now we are getting to my point. Do the Medicaid providers get hundreds of millions, or billions each year on Virginia to care for the uninsured and poor?
Do they make decisions on who gets what kind of treatment, and who does not?
Is it true that these providers do not want to have any accountability for each patient? In other words, they do not want to bill for each individual patient and what kind of treatment they received?
Could it be that the way the current system is, this excludes them from any type of fraud accusations? No accountability, because They do not have to bill for the treatment that each individual patient receives?
Steve said: “Though, it is odd, isn’t it, that only McDonnell has been skewered for this kind of conduct? Not to try to excuse such apparent corruption, but it does seem like an unfair application of the law when the Democrat skates free while the Republican sits in the dock.”
That defense/justification didn’t work for Richard Nixon or his apologists at the time; it won’t fly for McDonnell either. Don’t be deceived by the courtroom and the air of fairness. It’s not about fairness anymore. It’s about winning and politics. That’s on both sides of the courtroom.
Has McAuliffe accepted a Rolex watch?
Is he or his wife having what amount to “Amway” or “Tubberware” like party’s at the governors mansion?
Is there a loaner Ferrari in the mansion drive way?
Has McAulliffe’s wife been going to New York on shopping trips in someone’s business jet? Ah, and who’s credit card would she be using if she did?
Were the loans loans before they become public? Or did the loans become loans after they became public?
Was McDonnell possibly thrown under the bus by his own people for turning out to be a fiscal Liberal?