McDonnell asks 4th Circuit to take a second look

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Former Gov. Bob McDonnell’s lawyers are asking the appeals court that upheld his corruption conviction to take another look at his arguments.

McDonnell filed a petition for rehearing Friday, asking to present his arguments again to either the same three-judge panel that decided the appeal July 10 or the full 4th U.S. Circuit Court of Appeals.

Upon McDonnell’s filing of the petition, the appeals court put a hold on the effect of its earlier judgment, meaning McDonnell will remain free while the latest round of arguments are considered.

In the petition, McDonnell renewed his argument that “sweeping” jury instructions in his corruption trial put “commonplace interactions between politicians, supporters, and donors at risk of criminal conviction.”

The jury instructions did not require the jury to find any agreement by McDonnell to influence government policy, McDonnell contended. McDonnell also faulted the trial judge’s refusal to instruct the jury that a gift given with a generalized hope for some benefit does not constitute a bribe.

Finally, McDonnell said the judge failed to sufficiently test jurors for exposure to prejudicial pretrial publicity.

“The panel’s decision established an unprecedented and opaque line between lawful politics and federal felonies, while eliminating the basic protections that ensure impartial juries in publicity-saturated cases,” attorney Noel J. Francsico wrote in the McDonnell petition.

If the appeals court denies McDonnell’s request for a second look, he will have 90 days to ask for review by the U.S. Supreme Court.