U.S. Supreme Court says McDonnell can remain free while it considers filings

In an order issued Monday, Chief Justice John G. Roberts Jr. stayed a mandate from the Richmond-based 4th U.S. Circuit Court of Appeals that would force McDonnell to begin serving his two-year sentence on corruption convictions and gave federal prosecutors until 4 p.m. Wednesday to respond to McDonnell’s request to remain free pending further appeal.

Roberts oversees petitions from the 4th Circuit, and his order essentially buys more time for Roberts or the full Supreme Court to consider McDonnell’s request to remain free on bond.

“I don’t think this changes anything really,” said Carl Tobias, a law professor at the University of Richmond. “It stays it, but only very temporarily.”

Tobias said a Supreme Court ruling on McDonnell’s motion, his last chance to remain free, could still come “very soon.”

“I think it could be as early as this week once they’ve had the opportunity to read the papers and decide,” Tobias said.

Other analysts said the order gives reason for the McDonnell team to be optimistic.

Charles E. James Jr., a Richmond lawyer and former federal prosecutor, said such requests from defendants are usually summarily denied by the high court. That Roberts compelled the government to respond, James said, “has got to give a glimmer of hope to the governor and his team.”

Last September, a federal jury in Richmond convicted McDonnell and his wife, former first lady Maureen McDonnell, of accepting more than $177,000 in gifts and loans from Jonnie R. Williams Sr., then-CEO of Star Scientific, in exchange for promoting the company’s dietary supplement, Anatabloc.

McDonnell’s lawyers have argued that the statute used to convict him is overly broad and could be applied to all manner of routine political behavior.

Prosecutors, who say the McDonnells used the prestige of the governor’s office for personal gain, have fought the former governor’s appeals and attempts to stay out of prison, saying he was convicted in a fair trial.

A three-judge panel of the federal appeals court last month upheld the former governor’s 11 corruption convictions. On Aug. 11, the full appeals court denied him a new hearing.

The court will hear arguments Oct. 29 in Maureen McDonnell’s appeal of her eight convictions.