U.S. Supreme Court Overturns Bob McDonnell Corruption Case

UPDATED Monday, 10:40 a.m.: The U.S. Supreme Court on Monday vacated and remanded the public corruption case of former Virginia Gov. Bob McDonnell. The unanimous decision means the case was overturned but could go back to a lower court for a retrial.

McDonnell was awaiting the decision in his Virginia Beach office, according to his spokesman.

Read the full Supreme Court opinion here.

“Setting up a meeting, calling another public official, or hosting an event does not, standing alone, qualify as an ‘official act,’” Chief Justice John G. Roberts Jr. wrote for the court.

“Because the jury was not correctly instructed on the meaning of ‘official act,’ it may have convicted Governor McDonnell for conduct that is not unlawful,” Roberts wrote. “For that reason, we cannot conclude that the errors in the jury instructions were ‘harmless beyond a reasonable doubt.’ We accordingly vacate Governor McDonnell’s convictions.”

At issue was what constitutes the scope of "official action" under federal corruption law.

“There is no doubt that this case is distasteful; it may be worse than that,” the chief justice wrote. “But our concern is not with tawdry tales of Ferraris, Rolexes, and ball gowns. It is instead with the broader legal implications of the Government’s boundless interpretation of the federal bribery statute. A more limited interpretation of the term ‘official act’ leaves ample room for prosecuting corruption, while comporting with the text of the statute and the precedent of this court.”

Prosecutors may seek to retry McDonnell, but under a stricter standard, the New York Times reported.

In a statement, McDonnell expressed his "heartfelt gratitude" to the justices of the U.S. Supreme Court Monday. Here's the full statement: "I express my heartfelt gratitude to the justices of the United States Supreme Court for the time and attention they have given to the law in my case. Today, a unanimous United States Supreme Court vacated my convictions, and it is a day in which my family and I rejoice and give thanks. From the outset, I strongly asserted my innocence before God and under the law. I have not, and would not, betray the sacred trust the people of Virginia bestowed upon me during 22 years in elected office. Over this past 40 months, God strengthened and comforted me through the love and many support of friends, family and even strangers, through His abundant, miraculous and amazing grace, and through the eternal truths of His holy word.

I am exceptionally grateful to my faithful legal team who zealousy advocated my cause at every step, as well as the authors and signers of the 13 excellent amicus briefs that argued for reversal. I thank the many friends and relatives who steadfastly supported my family and me through this time of great uncertainty. Countless people have called, emailed, texted and come to see me to lend a wise piece of advice, a message of hope, a heartfelt prayer, or a hug. These multiple acts of kindness have become the new tapestry of my life, and have given me a vivid and indelible example of Jesus' admonition to live by the Golden Rule. It is my hope that this matter will soon be over and that my family and I can rebuild our lives."

Dana J. Boente, United States Attorney for the Eastern District of Virginia, said in a statement Monday that “the U.S. Attorney’s Office is reviewing the Supreme Court’s decision in the McDonnell matter and does not have any further comment at this time.”

Progress Virginia weighed in on the Supreme Court's decision Monday morning:

“Thanks to today’s decision, Virginians will have to continue waiting for justice for Bob McDonnell’s violation of the public trust,” said Progress Virginia executive director Anna Scholl. “Politicians like Bob McDonnell who take advantage of their public office for private gain deserve the severest of sanctions for violating our trust and disgracing their office. This decision should spur Virginia lawmakers to finally take ethics reform seriously. For far too long, they’ve tried to sell Virginia families sham reforms dressed up as the real thing. It’s shameful the Commonwealth has had to rely on federal prosecutors to keep our politicians honest and clean up their mess. It’s far past time for the General Assembly to take ethics and accountability seriously and put in place reforms that include real gift limits that close loopholes, an ethics council with the ability to investigate complaints and alleged violations, and true penalties to hold accountable those who would violate the public trust.”

Since McDonnell’s corruption scandal came to light, the General Assembly has passed what Progress Virginia calls "toothless ethics reform bills riddled with loopholes." Research conducted by Progress Virginia Education Fund found 79 percent of gifts reported by legislators in 2014 would still be allowed under the ethics law passed in 2015, including 70 percent of gifts from lobbyists and principals. More recently, the commonwealth’s ethics council raised issues showing gifts prohibited from lobbyist could simply still be funneled through their PACs.

McDonnell, a Republican family man, a former rising star of the GOP, took his case in April to the U.S. Supreme Court, where justices heard his arguments. (You can listen to oral arguments from McDonnell v. United States here.)

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.

Once a national political rising star, McDonnell was found guilty on 11 corruption counts. The governor’s wife, Maureen McDonnell, was found guilty of nine corruption counts and one count of obstruction of justice.

The former governor was sentenced in 2015 to two years in prison for his actions. A federal appeals court upheld the convictions last summer.

Before the high court issued its ruling, ABC News reported that "the justices seemed likely to side with McDonnell, who is challenging his conviction for accepting gifts and loans from a wealthy businessman in exchange for promoting a dietary supplement. A ruling for McDonnell could make it harder to prosecute public officials."

In April, McDonnell, along with wife and one of their daughters, waded through about 100 reporters under drizzly gray skies outside the U.S. Supreme Court in Washington, D.C. "The governor did not cross the line to try to influence" any official decision, McDonnell's lawyer told the court, the Richmond Times-Dispatch reported. "If you're simply setting up a meeting...that simple referral can't be an official act."

Read: Timeline of Bob McDonnell Case

The former governor avoided prison time while the case was before the Supreme Court. He and his wife are trying to live a normal life by attending church and volunteering while they wait out the decision, the Virginian-Pilot recently reported.

PHOTO: Gov. Bob McDonnell, Capital News Service