McDonnell Can't Use First Amendment Argument, Groups Say

Photo: Gov. Bob McDonnell, Capital News Service

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Former Virginia Gov. Bob McDonnell, who is challenging his conviction on bribery charges before the Supreme Court April 27, can't use First Amendment cases to argue his conviction should be overturned, two groups said Wednesday in filings made to the high court.

Public Citizen, together with Democracy 21, filed an amicus brief Wednesday supporting the government's case against McDonnell. The Campaign Legal Center also weighed in with a friend-of-the-court brief.

“If the Supreme Court buys into former Gov. McDonnell’s arguments, politicians face no penalty for freely accepting gifts and favors from America’s wealthiest who are trying to buy influence,” said Tara Malloy, deputy executive director of the Campaign Legal Center.“Public officials should not be permitted to engage in public business for private gain, while pretending to represent the interests of their constituencies. That would undercut the very basic principles of our democracy and the integrity of our political system.”

Public Citizen and Democracy 21 tell the Court that the Court's recent decisions on campaign finance aren't applicable because McDonnell's case does not involve campaign contributions or other First Amendment-protected conduct, and even if it did, the Court’s decisions do not hold that quid pro quos in which officials provide favorable treatment in return for campaign contributions are constitutionally protected, the groups said in a news release.

Read: Timeline of Bob McDonnell Case

McDonnell argues, among other things, that the Supreme Court’s campaign finance decisions including Citizens United v. FEC bar an interpretation of the bribery laws that covers his conduct because they hold that it is not “corruption” when politicians merely provide “access” and favoritism for their supporters, Public Citizen points out.

McDonnell was convicted on bribery charges for accepting money and gifts from a dietary supplement promoter in return for various actions to favor his business interests. The McDonnells were charged in early 2014 with illegally accepting more than $165,000 in gifts, luxury vacations and large loans from Jonnie R. Williams Sr., a wealthy Richmond-area businessman.

The former Republican governor has been sentenced to prison for his actions, which centered on a relationship with a Richmond businessman who gave the governor and his wife gifts and loans. Once a national political rising star, McDonnell was found guilty on 11 corruption counts. The governor’s wife, Maureen McDonnell, was found guilty of 9 corruption counts and one count of obstruction of justice.

The former governor has avoided prison time while the case is before the Supreme Court. McDonnell is expected to remain free at least until a decision, expected by June.

“I am very grateful to the U.S. Supreme Court for its decision today to hear my case,” McDonnell said in January when he found out the court would be hearing his appeal.

“I am innocent of these crimes and ask the court to reverse these convictions,” he said. “I maintain my profound confidence in God’s grace to sustain me and my family, and thank my friends and supporters across the country for their faithfulness over these past three years.”