Former Virginia Governor Robert McDonnell to be sentenced Tuesday

Former Virginia Governor Robert McDonnell will be sentenced Tuesday morning for his related to conspiracy to commit fraud.

The charges against the former governor and his wife Maureen McDonnell stemmed from favors they gave to Jonnie Williams, a vitamin company CEO, in exchange for over $165,000 in gifts and loans. Maureen McDonnell was convicted on eight out of 11 conspiracy charges.

Bob McDonnell’s lawyers are appealing the verdict. In the meantime, they’ve asked the judge to order him to perform three years of community service, while prosecutors have recommended that he go to prison for at least 10 years.

George Mason University School of Law Assistant Dean Richard Kelsey told CBS News thinks that the verdict surprised Bob McDonnell: “He believed as governor that he could convince 12 people in the box that he was not guilty. And I think he was very shocked to find out that they did not buy his explanation.”

Although the high end of the recommended sentence is 12 years, Kelsey said he would be “surprised” if it’s on the high end, although he’s certain the former governor will serve some time in jail.

After the sentencing, McDonnell will not be remanded immediately to custody. In cases like this, expect to see him get a date certain to report–probably, Kelsey says, anywhere from 45 days to two months out, so that he can get his affairs in order before going to prison.

Also, McDonnell has a substantial appeal working its way through the system. The critical issue, Kelsey says, is what constitutes an official act.

“In order for him to be guilty of this scheme of fraud, he had to take an official act as governor,” Kelsey said, “and what the prosecution has said, is that when he hosted a party at his house to launch this product for Jonnie Williams, that was an official act. Does that constitute an official act?” It’s a broad interpretation of case law.

Prison for McDonnell is almost certainly minimum security, maybe even in Virginia. Some people, Kelsey says, refer to such imprisonment as “camp.” But, he cautions, it’s no country club. Prisoners aren’t free to come and go as they please, but at least McDonnell won’t be incarcerated with violent offenders. And he can look forward to being “given tasks and duties consistent with [his] skills and abilities.”

Maureen McDonnell is scheduled to be sentenced on Feb. 20. Kelsey said that during the trial, Maureen McDonnell “did not come out as a sympathetic figure,” but because she was not a sitting political official, she’s likely to get a fraction of the time that her husband receives.

Overall, Kelsey feels that the McDonnell’s convictions could be used in constructive ways by other states that want to avoid giving the government so much freedom to pursue state officials. They could decide to allow politicians to receive gifts, but to disclose them–in order to make it more difficult for federal prosecutors to paint those actions as corruption. Instead of criminalizing the process, Kelsey says, “we would allow voters to make the decision about whether the gifts that are being taken and received are going into action. We don’t seem to have a problem in this country when people buy access, but we draw a hard line when they buy action. I find that interesting.”

Source : cbsnews