The Fourth Circuit Court of Appeals last week denied the former Governor’s request to extend his bond and allow him to remain free pending appeal of his conviction to the U.S. Supreme Court. McDonnell’s lawyers immediately appealed to Justice Roberts, who oversees petitions from the Fourth Circuit.
Today, Roberts issued an order staying the Fourth Circuit’s mandate and requiring prosecutors in the case to respond to McDonnell’s bond request by Wednesday. This does not mean McDonnell gets to remain free pending the appeal of his conviction; it only means that Roberts (or all nine justices, if Roberts so decides) will take up the matter of extending his bond. From the WaPo:
To win a longer reprieve, McDonnell must [demonstrate] that there is a “reasonable probability” that four justices would agree to review his case, that there is a “fair prospect” a majority would ultimately rule in his favor and that he would suffer irreparable harm if his request were denied.
That decision could come in a matter of days after Wednesday’s deadline for prosecutors to tell Justice Roberts why McDonnell’s case doesn’t meet the standard outlined above. If Roberts and/or the full Court rule against McDonnell, he could be in prison in a matter of a couple of weeks (enough time for SCOTUS to remand the the Fourth Circuit, the Fourth Circuit to remand to the trial court, and the trial court to set a prison date). If he wins, he could buy himself several months more freedom while the Supreme Court considers his case. His deadline for filing the appeal of his conviction on 11 counts of corruption is not until November 9, and the high court might then take several weeks or even months before deciding it.
McDonnell’s team should be encouraged by Justice Roberts’ action today. While the high court often summarily swats away appeals in criminal matters, the fact that Roberts weighed in could be interpreted to mean that he sees some potential validity to McDonnell’s arguments.
I certainly hope so, for the sake of McDonnell and his family, particularly given the nature of the alleged crime involved. It’s not like allowing him to remain free for a couple more months harms the administration of justice, makes him a flight risk, or endangers the public.
Separately, Maureen McDonnell’s appeal of her eight convictions is set to be heard by the Fourth Circuit on October 29th.
8 comments
As mentioned elsewhere, we went through a big design change a couple of weeks ago (right before I went on vacation, no less). So, when I was attempting to fix some of the rough edges last night, I broke it. Had to replace it with a full backup, but for some reason we’re displaying two comment forms (the native comment form to the platform. and Disqus). Please use Disqus, just like normal. Sorry for the problems…I hope to have things resolved today. Thanks for your patience.
“Alleged crime”?
What are you drunk on? McDonnell is a convicted felon on many accounts. One does not need a law degree to realize that.
Your view is nothing but an “elitist” establishment Republican point if view. Come on out the closet Steve.
Is it any wonder why Republican’s cannot win election unless they cheat?
This site has maintained that the governor is innocent or at least did nothing terrible. They have maintained that the harm to the governor’s family should eliminate all punishment and jail time. it is not surprising that TBE takes this holier-than-thou stance or that they refuse to acknowledge the reality of the situation.
Thank you!
As stated, the idea that the former Governor is a flight risk or a danger to society is absurd. There is no reason he shouldn’t be on bond. I question why the lower courts do not see the obvious.
“…former Governor is …a danger to society” – bet your bottom dollar he is as are all criminals. Why should he get a “get out jail free card” – because his family has been hurt? That’s absurd. The fact that he is still not behind bars is what’s absurd. He needs to be there to be the lesson to the rest of the Republican criminals including his Lt. Gov. Ken C!
There is one more glimmer of hope for McDonnell. Justice Scalia has been highly critical of the honest services fraud statute including making this statement in the Skilling case: ” I also agree that the decision upholding Skilling’s conviction for so-called “honest-services fraud” must be reversed, but for a different reason. In my view, the specification in 18 U. S. C. §1346 (2006 ed., Supp. II) that “scheme or artifice to defraud” in the mail-fraud and wire-fraud statutes, §§1341 and 1343 (2006 ed.), includes “a scheme or artifice to deprive another of the intangible right of honest services,” is vague, and therefore violates the Due Process Clause of the Fifth Amendment.”
The glimmer of hope” for the middle-class blue collar working person is in seeing McDonnell behind bars ASAP. It would also be an investigation of why a Federal judge did not follow sentencing guidelines. It would also be an investigation of why state charges have not been filed. That is what needs to be investigated.
This case is no longer only about McDonnell. It is about a corrupt form of government. A corrupt form of government being spearheaded by the state of Virginia in this country. It is about an elitist finger in the eye of the poor and middle-class. The middle finger no less.
It is about why middle-class hope is the fuel that powers Trump. You people are despised by middle-class and poor. Nothing but a blight. A business and social plague.