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Former Gov. McDonnell's Appeal: What's at Stake

File Photo: Anne Marie Morgan

Just a few years ago, Bob McDonnell was a rising star in Republican politics. Now his fate is before the United States Supreme Court, which will hear oral arguments Wednesday in the case that destroyed his political career and ripped his marriage apart. 

McDonnell’s lawyers say sure the governor took gifts and loans from a wealthy businessman who wanted favors from the government. But, they say, the businessman didn’t get what he wanted. And more to the point, if justices let the decision stand it will criminalize everyday political behavior. 

“It does a disservice to say it would criminalize everyday political behavior because everybody doesn’t behave this way."

That’s NPR commentator Cokie Roberts.

“And it feeds into a public perception of politicians as a bunch of crooks, and that’s just not fair and not true."

But Virginia legal expert Rich Kelsey says the governor’s lawyers make a strong case.

“I believe that Governor McDonnell’s legal team has a better argument, that the jury was too broadly instructed in this case."

Specifically, he points out, he the jury was instructed to interpret “official act” in a way that might include scheduling a meeting with a Cabinet secretary.

“And my opinion, the Supreme Court will at a minimum remand the case back to be properly instructed. But it may in fact throw out the entire statue."

And it’s not just the statute that’s at stake. If McDonnell loses, he’ll be heading to federal prison for two years.

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