Former Virginia Gov. Bob McDonnell will stay out of prison during his appeals process after being granted reprieve on Monday by order of Supreme Court Chief Justice John Roberts.
The motion by Roberts halted the decision of a U.S. Fourth Circuit Court of Appeals last Thursday, which had denied a request by McDonnell’s legal team to keep the ex-governor free on bail during his appeal.
Had Roberts not stayed the decision, McDonnell could have been behind bars as early as Thursday. Roberts requested that federal prosecutors issue a response by Wednesday at 4 p.m. with their argument against McDonnell remaining free on bail during his appeal process.
McDonnell’s legal team, though declining to make statements on the decision, now seeks to convince the Supreme Court of the “irreparable harm” which could befall McDonnell’s case should he be sent to jail before the conclusion of his appeal. If argued successfully, McDonnell could remain free for months on bail while his appeal plays out.
Following his Wednesday decision, Roberts may now seek the input of his fellow Supreme Court justices or individually hear the arguments presented by both sides and make a decision on whether to uphold the mandate of the Fourth Circuit Court. If he or the Court rules against McDonnell, the case would likely be relegated to a lower court to decide when McDonnell’s sentence would actually begin.
University Law Professor John Jeffries said it was “very hard” to gauge the significance of Supreme Court mandates such as these, but said he felt McDonnell will sooner or later face jail time.
“All you can say is the Supreme Court has the power to stay motions by lower courts,” Jeffries said. “Probably doesn’t mean much — he is going to serve the time sooner or later.”
McDonnell was indicted January 2014 on 14 counts of corruption. The government made the case that McDonnell and wife Maureen McDonnell accepted improper gifts while in office from Jonnie Williams Sr., former CEO of Star Scientific. He was convicted on 11 of those charges in September and sentenced to two years in federal prison in January of this year.
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