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Supreme Court Hears Ex-Gov. McDonnell Bribery Case

Reuters reports the Supreme Court seems inclined to toss the bribery conviction for former VA Republican Governor Bob McDonnell (short backgrounder from trial here):

During the one-hour argument, several of the eight justices signaled that McDonnell's acceptance of $177,000 in luxury gifts and sweetheart loans from a businessman seeking to promote a dietary supplement did not constitute a criminal act.

They voiced concern that the broad interpretation of U.S. anti-corruption law used by federal prosecutors could criminalize numerous commonplace actions by politicians.

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McDonnell argued:

McDonnell's lawyer Noel Francisco argued the former governor's conduct was no different than what politicians across the United States do on a daily basis when responding to requests from donors and constituents.

On the Justices' positions:

Liberal and conservative justices alike raised concerns about the Justice Department's interpretation of U.S. bribery law. Stephen Breyer described as "dangerous" the "enormous power over elected officials" that federal prosecutors would hold if the court endorsed the Justice Department's position.

Leaning in favor of the conviction:

Sonia Sotomayor, one of the only justices to indicate support for the prosecution, suggested it was reasonable to infer that McDonnell's intent was to help Williams when he accepted money and gifts.

Some justices appeared troubled by the signal a ruling in his favor would send. Ruth Bader Ginsburg appeared alarmed by the idea of officials being able to accept payments to arrange meetings without facing potential prosecution. Officials could simply say "I'll do it for you if you pay me a thousand dollars," she said.

The Supreme Court agreed to hear McDonnell's case after the 4th Circuit appeals court affirmed his conviction. The 4th Circuit opinion is here.

I wonder whether the court's opinion could affect the re-sentencing of former Illinois Governor Rod Blagojevich, who is serving