Appeals Court: Convicted Ex-Guv Bob McDonnell Is Going To Prison

[DonViejo]

Source: TPM

Nearly a year after his conviction on federal corruption charges, Virginia ex-Gov. Bob McDonnell (R) appears to be headed for prison.

A federal appeals court on Thursday rejected McDonnell's request to stay out from behind bars while he appeals his convictions to the Supreme Court.

The order states that the court's mandate will take effect in seven days, suggesting that McDonnell could be ordered to report to prison as early as next week. But the former governor's lawyers have suggested that he intends to ask the Supreme Court to grant him release pending that appeal, according to The Washington Post.

###

Read more: http://talkingpointsmemo.com/livewire/bob-mcdonnell-going-to-jail

[jtuck004]

1. A for-profit prison? n/t

[Recursion]

39. It's Federal, so possibly

Most of the private prisons are Federal.

[C Moon]

2. Must be nice to break the law and take it to the Supreme Court instead of going to prison.

[jtuck004]

3. He only stole from 8 million people. And he's white, and that counts for more in this country. n/t

[C Moon]

6. +1

[atreides1]

4. Heard that his wife is also appealing her conviction!

http://www.washingtontimes.com/news/2015/aug/20/ex-first-lady-of-va-wants-corruption-charges-overt/?utm_source=RSS_Feed&utm_medium=RSS



“The issue in this case is whether an ordinary citizen who was not a public official was on fair notice that Governor McDonnell’s actions would be deemed a violation of the federal bribery statutes,” the lawyers wrote.

Her attorneys note that Maureen McDonnell is not an attorney and has never been elected to office.

“Instead, she is a high school-educated spouse of a politician,” they wrote.


The gist of the appeal is that she was stupid!

[JudyM]

11. Whatever happened to "ignorance of the law is no excuse"? Nt

[imthevicar]

16. That's just for

Us Little people. That doesn't count for the Elite!

[happyslug]

27. But Ignorance of a Fact is an excuse under the law

Last edited Sun Aug 23, 2015, 11:52 PM - Edit history (1)

The difference is important in this case, what the former first lady was convicted of was providing political favors to one of the people who bribed her husband. If she was told by her husband to do something and she did it, and later found out her husband told her to do it do to be bribed, but she herself was NOT bribed, then you have an ignorance of a FACT issue.

Her defense is that she did not know what her husband told her to do was the result of an illegal bribe. i.e. if he had told her to do what she did, but it was NOT the result of a bribe, the act would have been perfectly legal (the FACT in dispute is her knowledge of the illegal bribe).

Her defense that as a high school graduate she did what her husband told her to do, for she thought it was a normal political act to do, NOT the result of a bribe. Had she known of the bribe, then she could NOT use this defense, but her defense is that she did NOT know or could have known her husband had been bribed and what she did is what any wife would do if her husband asked her to do it.

http://criminal.lawyers.com/criminal-law-basics/criminal-law-defenses-ignorance-or-mistake.html

Thus ignorance of a fact (Some times called ignorance of a material fact) is a defense, you can not be held liable for a crime for an act that under normal circumstances would have been legal, if you do NOT know of the illegal act that made the act illegal (in this case of the bribe).

This is HARD to prove, for you have to show that the FACT in dispute made all the difference between the act being legal or illegal. You are almost at the level of saying that you did not know something was illegal AND it was impossible for you see that what you were doing was illegal. Very difficult defense, but it is a valid defense (please note the finder of fact in this case, the Jury, did not find that she did not know what she was doing was illegal, thus unless there was something in the Jury Instructions that excluded the jury to consider such a fact, I see the Court of Appeals dismissing the appeal).

[JudyM]

31. Maybe. But she knowingly received substantial benefit... Luxury clothes etc and all told $177,000

worth of loans and other favors. For her to claim that she didn't know this amounted to bribery is hard to see. Maybe she thought the guy was just a very good friend?

[happyslug]

33. I have NOT followed this story that closely, but sometimes people give things to First Ladies

The reason is to show off their talents, for she will be photographed in that dress and thus the designer will get reviews. If she did that, that would be legal, if she did it in exchange for getting her husband to approve something, that would be illegal. It is a very thin line and thus the legal argument.

[NastyRiffraff]

22. The Stupidity Defense

Kind of like an insanity defense only for dummies.

[Volaris]

24. Ordinary citizen...

Should only count for argumentative points if she never never ever spoke one word to the public about being the governors wife.
If she acted as first lady of the state, she was a public figure (especially if it's a paid position at the state level, I'm pretty sure it is at the federal)..

The greedy, self-serving thieves need to be locked up. No more coddling of White-collar criminals.

[happyslug]

28. The First Lady in the Federal Service is NOT a paid position.

She does supervise a staff of people and handle an expense account, but all of the people and the expense account are tied in with running the White House not "working" for the First Lady. i.e. technically this staff and expenses are under the authority of the President of the US, but the President has the right to delicate that power to someone, in that has historically been to his wife (In the case of Jefferson, who was unmarried at the time, those duties were given to Dolly Madison, who did the same for her husband when Madison became President).

http://www.snopes.com/politics/obama/firstlady.asp

That is the same in most (if not all) states, the spouse of the Governor may run the house of the Governor but the expenses of running the Executive Mansion is viewed as being under the control of the Governor. Like MOST spouses, it is NOT unknown for Governors to delicate the running of the House the Governor is Living in to his or her spouse and thus such expenses ends up being "Spent" under the direction of the Governor's spouse as oppose to the Governor him or herself.

Just pointing out that the position of First Lady is NOT a paid position, but it is a position of importance in most political families for the functions of First Lady is that of a what a wife does normally to maintain the house of her husband and other political functions expected of the wife of the Chief Executive of the US or of any of the states.

[Volaris]

30. Got it. Thanks=)

But now I'm thinking...that's an UNPAID position, and that's kinda F'ed up..

If we once again had a President that was unmarried, someone would still have to do that work, and that person would be paid to do it. Why should the position remain 'volunteer' just because fate made u someone's spouse????

[happyslug]

34. As I said Dolly Madison fulfilled the role for Jefferson and then her husband

Buchanan, the only bachelor President, had his niece do the job.

The Wikipedia site say Jefferson's Daughter performed the role not Dolly Madison during his Presidency:

https://en.wikipedia.org/wiki/List_of_First_Ladies_of_the_United_States

Dolly Madison also assisted President Monroe daughter in her performance of those duties, Monroe's wife was sickly at the time.

President Jackson's wife died just before he took office and his niece did the duties of First Lady for him.

https://en.wikipedia.org/wiki/Emily_Donelson

When Emily Donelson was dismissed as a result of the "Petticoat affair" by Sarah Yorke Jackson.

https://en.wikipedia.org/wiki/Petticoat_affair

https://en.wikipedia.org/wiki/Sarah_Yorke_Jackson

Van Bureau's first lady was his daughter in law (his wife had died before he became President)

President Tyler had three first ladies, his first wife who died while he was president, his daughter in law, then his second wife.

President Fillmore, technically had his wife as his first lady, but do to her weak health (she died within a month of the end of his term) most of the work was done by his niece)

President Buchanan has his niece, who he had raised since the death of her father at age 11 to be his First Lady:

https://en.wikipedia.org/wiki/Harriet_Lane

President Arthur had his sister perform the job, his wife had died the year he was elected Vice President:

https://en.wikipedia.org/wiki/Mary_Arthur_McElroy

Cleveland had his sister as his First Lady, till he married in his second term and then his wife took over the position:

https://en.wikipedia.org/wiki/Rose_Cleveland

Cleveland's wife lived till 1947:

https://en.wikipedia.org/wiki/Frances_Folsom_Cleveland_Preston

Harrison wife died in 1892 and his daughter performed the role of First lady till his term ended on March 4, 1893:

https://en.wikipedia.org/wiki/Mary_Harrison_McKee

Wilson's wife died during his first term, and then his daughter took over the duities of First Lady till he remarried:

https://en.wikipedia.org/wiki/Margaret_Woodrow_Wilson

The Second Mrs Wilson lived to see JFK sworn into office in 1960 and has been called the first Female President given what she did during Wilson's Stroke in 1919 (She ran the White House from his stroke in October 1919 till March 4, 1921)

https://en.wikipedia.org/wiki/Edith_Wilson

Yes from Edith Wilson on, we have had only wives of Presidents as First Ladies, but that was NOT true prior to her.

[orwell]

5. WPWJGT...

What Prison Would Jesus Go To?

Another RW Xtian fundy fraud bites the dust...

[asiliveandbreathe]

7. Mcdonnell should have to report to

a WOMENS prison.... '

[Faux pas]

8. What makes him think he's so special...

oh yeah, he's a rethug. They are all sooooo special.

[ejbr]

9. I wonder...

Will they probe his anus before admitting him? Karma, party of one!

[leftieNanner]

18. Oh yes, they will

A fellow that I knew at work had to go to jail for some financial shenanigans - and it was a "country club" prison, not a high security one. But when he went in, he was 100% strip searched. And later during his sentence, when he was allowed a night off with his wife, he was strip searched again on his way back in. This will not be a "country club" experience for old Bob and Maureen. Well deserved consequences. Just wish we could perp walk Jamie Dimon and some of the other Wall Street Thugs down the same path.

[ejbr]

21. +1 n/t

[wolfie001]

10. Dragging these matters on forever and judge-shopping

Repuke "values"

[marble falls]

12. He needs to be there about ten years or so.

[47of74]

26. More like 100 years.

[Enthusiast]

13. Fox will report Virginia ex-Gov. Bob McDonnell (D)

[Marie Marie]

14. Good!

[mahatmakanejeeves]

15. Ex-Virginia governor asks Supreme Court chief justice to keep him out of prison during appeal

Ex-Virginia governor asks Supreme Court chief justice to keep him out of prison during appeal

Local

By Associated Press August 20 at 2:51 PM

RICHMOND, Va. — Ex-Virginia governor asks Supreme Court chief justice to keep him out of prison during appeal.

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

[turbinetree]

17. I really want to see .................................

him in a orange or black and white prison suit, with hand cuffs on------------with the words on the back saying Department of Corrections VA.

Then, I want to see Perry and Christie, Walker, after they take off there clown suits, to jump right into a prison suit,and then Perry can do the frog step right along with the Texas Attorney General (just maybe with some civic luck) he and Perry can room together, and talk about old time sake's and corruption and Walker can meet up with his office staff and hash out old time remembrances, and then Christie, what can to say about this guy, he's just like Walker and really has no business being a governor along with his cronies

[leftieNanner]

19. Behind Bars - Perry, Walker, Christie....

A dream, surely. Maybe Christie could slim down a bit in the prison gym. (I'm allowed to say that because I'm a Lifetime Member of Weight Watchers)

[turbinetree]

20. Were all Weight watchers----------good one

[Blue_Tires]

23. lol

[Spitfire of ATJ]

25. But they HAD to live the life of the rich or they wouldn't impress their rich dinner guests....

The JOB certainly didn't pay enough.

[freshwest]

29. Believe it when I see it. Until then, it's just news to make people something being done. n/t

[Judi Lynn]

32. Bye-bye to another fine Republican.

[center][/center]

[JudyM]

35. Thanks for that smile. Is that a photo you took? Nt

[Judi Lynn]

36. I wish! Found it in google images. Nice name, JudyM! n/t

[JudyM]

37. Well it captures the right emotion, anyway.

Yeah, nice name, too, Judi Lynn. My middle name is Ellen, pretty close!

[Aerows]

38. Couldn't happen

to a more deserving politician.