Former Virginia Governor Robert McDonnell's public corruption case dropped by U.S. DOJ following Supreme Court decision

In a final victory for Jones Day client and former Virginia Governor Robert F. McDonnell, the Department of Justice asked the Fourth Circuit to dismiss its public corruption case against him in view of the Supreme Court’s unanimous decision in June vacating his previous convictions, rejecting DOJ's legal theory, and holding that the instructions given to the jury were erroneously overbroad.

The Court's decision represented the culmination of over three years of litigation on Governor McDonnell's behalf, much of which took place in the Supreme Court. In particular, following the Fourth Circuit's affirmance of Governor McDonnell's corruption convictions, Jones Day successfully obtained a stay of that decision from the Supreme Court so that he could remain free on bail pending Supreme Court review—the first decision the Supreme Court has issued in several decades allowing a defendant to remain free on bail. After that, Jones Day obtained certiorari on the question of what constitutes "official action" under the corruption laws.

"We have said from the very first day that Bob McDonnell is an innocent man," said Jones Day partners Noel Francisco, who argued for Governor McDonnell at the Supreme Court, and Hank Asbill, who headed the defense team in earlier litigation. "After a long ordeal traversing the entire legal system, that truth has finally prevailed. We are thrilled Governor McDonnell can begin rebuilding his life." We also "applaud the department's recognition that the interests of justice are now best served by bringing this case to a close."

The Supreme Court's opinion vindicated the position Governor McDonnell and Jones Day have taken since the very beginning of this case—that Governor McDonnell never promised or took any official actions and that he thus never violated the federal corruption laws. The Court's opinion embraced this point and unanimously adopted Governor McDonnell's legal theory.

The Court's decision represents a landmark clarification on the scope of corruption laws. The specific issue in the case—what constitutes an "official action"—is a critically important one that recurs in every bribery prosecution. The Court's decision rejected the Department of Justice's broad understanding of that concept that, if accepted, would have empowered prosecutors to indict virtually any elected official. The Court instead held that "official action" is limited to actual exercises of the government's sovereign power.

For more information about this matter, see our video. 

Read a blog post from GrandJuryTarget.com regarding the matter.

Jones Day is a global law firm with 44 offices in major centers of business and finance throughout the world. Its unique governance system fosters an unparalleled level of integration and contributes to its perennial ranking as among the best in the world in client service. Jones Day provides significant legal representation for almost half of the Fortune 500, Fortune Global 500, and FT Global 500.