McDonnell seeks reversal of corruption charges

Former governor of Virginia Bob McDonnell was found guilty this past September of 11 counts of corruption while in public office. He was given a sentence of two years in prison, which is set to begin Feb. 9.

However, McDonnell filed a notice of appeal to the 4^th Circuit Court on Tuesday that could lead to the reversal of his convictions.

Jennifer Bowie, a political science professor at University of Richmond and author of "The View from the Bench and Chambers: Examining Judicial Process and Decision Making on the U.S. Courts of Appeals," shared her thoughts regarding the arguments that McDonnell’s counsel may present to the higher court.

“There was obviously disagreement between the defense attorney and prosecution on what definition [of an ‘official act’] to present to the jury,” she said. “The defense suggested a narrower definition and wanted Judge Spencer to instruct the jury that setting up a meeting does not necessarily qualify as an ‘official act.’ However, the government put forth a broader definition.”

U.S. District Judge James R. Spencer has a long history with McDonnell that dates back 17 years.

In 1997, his wife, Judge Margaret P. Spencer, was poised to become the first African-American woman elected to the Virginia Supreme Court. McDonnell nominated Wiley F. Mitchell along with a group of Republicans in opposition to Spencer, whose nomination was ultimately defeated.

A year later when Margaret Spencer was elected to a Circuit Court judgeship in the House 78-18, McDonnell was among the opposing 18.

James Spencer presided over McDonnell’s trial in August and may be a point of contention in the coming appellate decision.

McDonnell’s attorneys have also argued that Spencer was negligent in questioning jurors about the influence of pretrial publicity and that he did not fully investigate possible premature deliberations in the case.

Two distinct matters are at the center of McDonnell’s ongoing case: the appeal itself and whether McDonnell will be granted release on bond until the higher court reaches a verdict.

Bowie said, “McDonnell's most pressing issue is to appeal the bond ruling.”

On Tuesday, Spencer denied the former governor’s request to postpone his prison sentence on the grounds that the appeal did not present a close enough call to justify bail.

McDonnell’s attorneys argue that their client’s sentence would “likely be nearly finished before his appeal runs its course” because of the length of the appeals process.

Officials have not yet determined which prison facility McDonnell will serve his sentence in. According to The Washington Post, McDonnell has requested to remain near his home in the Richmond area.