At Thursday’s sentencing for former state Senate Majority Leader Dean Skelos, lawyers spent a good deal of time discussing a different corruption case: that of former Virginia Governor Bob McDonnell, whose appeal is currently before the U.S. Supreme Court and is giving hope to Skelos and other convicted politicians. Bobby Cuza filed the following report.
The facts of Bob McDonnell’s case are not in dispute. The former Virginia governor and his wife took $177,000 in loans and gifts from a businessman promoting dietary supplements. McDonnell, in turn, arranged meetings with state officials and even a product launch at the governor’s mansion.
But whether that amounts to a federal crime is a question now before the Supreme Court, which many observers believe may overturn his conviction.
“That could jeopardize a lot of public corruption trials,” said Daniel Weiner of the Brennan Center for Justice.
Indeed, attorneys for Dean Skelos, sentenced this week to five years in prison on federal corruption charges, made clear in court the McDonnell case will form the crux of their appeal. The same goes for former Assembly Speaker Sheldon Silver, sentenced last week to 12 years in prison on corruption charges. Due to surrender July 1, his attorneys filed papers Friday asking he be allowed to remain free pending his appeal, which they said will raise questions “based on an impending Supreme Court decision that will likely significantly restrict the scope of the statutes he was convicted of violating.”
There’s reason for confidence: when the Supreme Court heard arguments in McDonnell, justices sharply questioned the definition of “official act” required in corruption cases. At issue is whether simply arranging meetings for a benefactor, as McDonnell did, is bribery or just a routine courtesy.
Weiner has watched the case closely.
“There’s the argument like, 'Look, you just can’t prove that there was a quid pro quo. I was doing what people in my position do all the time. And if you say that I committed a crime, then basically anytime anyone does a favor for a donor, they’re going to commit a crime,'” Weiner said.
Prosecutors in the Skelos case argued Thursday that his corruption went further, affecting legislation. Still, Skelos's attorneys are hoping the McDonnell decision results in a new trial. In the meantime, they’re asking that Skelos also remain free pending his appeal. The judge will rule after both sides submit arguments next week.