Bob Mcdonald, Virginia, Mcdonald discussed on


The jury instructions explain a little bit more about that short while the mcdonald decision was a case involving the former virginia governor bob mcdonald and that was a case in which the court clarified what constituted an official act to support a bribery charge and in that case it supreme court held that the official act had to be a formal exercise of government power similar to a lawsuit or a hearing or administrative determination and that merely setting up a meeting isn't enough in that case they were allegations that the former governor had set up meetings in exchange for receiving gifts from somebody who was trying to push a business succeed in virginia here though there really was a question that the former speaker had taken official axe here the case really turned on whether or not the government could establish that there was a direct quid pro quo connection between those acts and the benefits that he ultimately received the government's case was too strong for silver to overcome what were the key points of silver's defense in the honest practice of law remember that legislators in new york state as with many other states are allowed to have jobs in addition to their legislative traditions positions are not fulltime positions and so his position was simply that he was practicing law and they'd do anything illegal by taking these referral fees the government on the other hand argued that what he did was he exchanged official acts he took certain acts to benefit certain individuals in exchange for those referral fees and ultimately the jury found that there was persuasive evidence to support the government's position defense says they're going to appeal what's the likelihood of a reversal the second time around i think it's going to be difficult the second time around i think there's substantial evidence tears to support the conviction and remember the reversal the first time around really had nothing to do with the facts of the trial had to do with mcdonald decision and had to do with the instruction that was given that was determined by the second circuit to have been overly broad so i think they have an client to.

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