McDonnell v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 15-474 | 4th Cir. | Apr 27, 2016 | Jun 27, 2016 | 8-0 | Roberts | OT 2015 |
Holding: The federal bribery statute, 18 U.S.C. § 201, makes it a crime for a public official to “receive or accept anything of value” in exchange for being “influenced in the performance of any official act.” An "official act" is a decision or action on a "question, matter, cause, suit, proceeding or controversy"; that question or matter must involve a formal exercise of governmental power, and must also be something specific and focused that is "pending" or "may by law be brought" before a public official. To qualify as an "official act," the public official must make a decision to take an action on that question or matter, or agree to do so. Setting up a meeting, talking to another official, or organizing an event -- without more -- does not fit that definition of "official act." Because jury instructions in the case of former Virginia governor Bob McDonnell were erroneous, and those errors are not harmless beyond a reasonable doubt, McDonnell's convictions are vacated.
Judgment: Vacated and remanded, 8-0, in an opinion by Chief Justice Roberts on June 27, 2016.
SCOTUSblog Coverage
- Prosecutors move to dismiss charges against McDonnells (Amy Howe, September 8, 2016)
- Symposium: Is it bribery or “the basic compact underlying representative government”? (Tara Malloy, June 28, 2016)
- Symposium: McDonnell decision substantially weakens the government’s ability to prevent corruption and protect citizens (Fred Wertheimer, June 28, 2016)
- Symposium: Federal criminal statutes are not blank checks for prosecutors (Jeffrey Green and Ivan Dominguez, June 28, 2016)
- Symposium: Federal prosecutors and the power to pick defendants (Pete Patterson and John Ohlendorf, June 28, 2016)
- Symposium: Upending the long-settled law of politics (Hampton Dellinger, June 27, 2016)
- A “view” from the Courtroom: A final bite at the apple (Mark Walsh, June 27, 2016)
- Symposium: An important victory for representative democracy (David Debold, June 27, 2016)
- Opinion analysis: New barrier to public corruption cases (Lyle Denniston, June 27, 2016)
- A “view” from the Courtroom: Official actions and reactions (Mark Walsh, April 27, 2016)
- Argument analysis: Anti-corruption law in trouble? (Lyle Denniston, April 27, 2016)
- Argument preview: Political favors as crimes (Lyle Denniston, April 20, 2016)
- No action on immigration; McDonnell gets hearing (Lyle Denniston, January 15, 2016)
- Ex-Governor McDonnell challenges conviction (Lyle Denniston, October 13, 2015)
- Former governor to remain free during appeal (Lyle Denniston, August 31, 2015)
- Former governor spared prison, for now (UPDATED) (Lyle Denniston, August 24, 2015)
- Ex-Gov. McDonnell in new plea to remain out of prison (Lyle Denniston, August 22, 2015)
- Virginia ex-governor's corruption case on way to Court (Lyle Denniston, August 14, 2015)
| Date | Proceedings and Orders |
|---|---|
| Aug 20 2015 | Application (15A218) for a stay of the mandate, or in the alternative for release on bail pending the timely filing and disposition of a petition for a writ of certiorari, submitted to The Chief Justice. |
| Aug 24 2015 | Upon consideration of the application of counsel for the applicant, it is ordered that a response to the application be filed on or before Wednesday, August 26, 2015, by 4 p.m. It is further ordered that the issuance of the mandate of the United States Court of Appeals for the Fourth Circuit in case No. 15-4019 is hereby stayed pending consideration of the response and further order of The Chief Justice or of the Court. |
| Aug 26 2015 | Response to application from respondent United States filed. |
| Aug 27 2015 | Reply of applicant Robert F. McDonnell filed. |
| Aug 31 2015 | Application (15A218) referred to the Court. |
| Aug 31 2015 | Application (15A218) granted by the Court. The application for stay of the mandate presented to The Chief Justice and by him referred to the Court is granted, and the issuance of the mandate of the United States Court of Appeals for the Fourth Circuit in case No. 15-4019 is stayed pending the timely filing and disposition of a petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the issuance of the judgment of this Court. |
| Oct 13 2015 | Petition for a writ of certiorari filed. (Response due November 16, 2015) |
| Oct 16 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the responhdent. |
| Oct 16 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| Nov 12 2015 | Order extending time to file response to petition to and including December 8, 2015. |
| Nov 13 2015 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| Nov 16 2015 | Brief amicus curiae of Republican Governors Public Policy Committee filed. |
| Nov 16 2015 | Brief amici curiae of Former Federal Officials filed. |
| Nov 16 2015 | Brief amicus curiae of American Center for Law and Justice filed. |
| Nov 16 2015 | Brief amici curiae of Public Policy Advocates and Business Leaders filed. |
| Nov 16 2015 | Brief amici curiae of Law Professors filed. |
| Nov 16 2015 | Brief amici curiae of Former Attorneys General filed. |
| Nov 16 2015 | Brief amici curiae of 60 Former State Attorneys General (non - Virginian) filed. |
| Nov 16 2015 | Brief amici curiae of Virginia Law Professors filed. |
| Nov 16 2015 | Brief amici curiae of Members of the Virginia General Assembly filed. |
| Nov 16 2015 | Brief amici curiae of Benjamin Todd Jealous, et al. filed. |
| Dec 8 2015 | Brief of respondent United States in opposition filed. |
| Dec 21 2015 | Reply of petitioner Robert F. McDonnell filed. |
| Dec 22 2015 | DISTRIBUTED for Conference of January 8, 2016. |
| Jan 11 2016 | DISTRIBUTED for Conference of January 15, 2016. |
| Jan 15 2016 | Petition GRANTED limited to Question 1 presented by the petition. |
| Feb 10 2016 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| Feb 12 2016 | Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the respondent. |
| Feb 24 2016 | Motion to deem the Court of Appeals joint appendix and supplemental appendix as the joint appendix in this Court filed by petitioner Robert F. McDonnell. |
| Feb 24 2016 | Supplemental joint appendix filed. (Statement of costs filed) |
| Feb 29 2016 | Brief of petitioner Robert F. McDonnell filed. |
| Mar 4 2016 | SET FOR ARGUMENT ON Wednesday, April 27, 2016 |
| Mar 7 2016 | Motion to deem the Court of Appeals joint appendix and supplemental appendix as the joint appendix in this Court GRANTED. |
| Mar 7 2016 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| Mar 7 2016 | Brief amici curiae of Former Virginia Attorneys General filed. |
| Mar 7 2016 | Brief amici curiae of Former Federal Officials filed. |
| Mar 7 2016 | Brief amicus curiae of American Center for Law and Justice filed. |
| Mar 7 2016 | Brief amici curiae of U.S. Justice Foundation, et al. filed. |
| Mar 7 2016 | Brief amici curiae of Public Policy Advocates and Business Leaders filed. |
| Mar 7 2016 | Brief amicus curiae of Republican Governors Public Policy Committee filed. |
| Mar 7 2016 | Brief amici curiae of 77 Former State Attorneys General (non - Virginian) filed. |
| Mar 7 2016 | Brief amicus curiae of James Madison Center for Free Speech filed. |
| Mar 7 2016 | Brief amici curiae of Law Professors filed. |
| Mar 7 2016 | Brief amici curiae of Benjamin Todd Jealous, Dolores McQuinn, and Algie T. Howell filed. |
| Mar 7 2016 | Joint appendix consisting of 12 volumes of appendices filed in the U.S.Court of Appeals for the Fourth Circuit filed. |
| Mar 7 2016 | Brief amici curiae of Members of the Virginia General Assembly filed. |
| Mar 7 2016 | Brief amici curiae of Virginia Law Professors filed. |
| Mar 14 2016 | Record requested from the U.S.C.A. 4th Circuit. |
| Mar 15 2016 | CIRCULATED. |
| Mar 17 2016 | Record received from U.S.C.A. 4th Circuit is electronic and located on PACER. SEALED record is electronic. |
| Mar 23 2016 | Record received from U.S.D.C. Eastern District of Virginia is electronic and located on PACER. SEALED record is electronic. |
| Mar 30 2016 | Brief of respondent United States filed. (Distributed) |
| Apr 6 2016 | Brief amicus curiae of Citizens for Responsibility and Ethics in Washington filed. (Distributed) |
| Apr 6 2016 | Brief amicus curiae of Brennan Center for Justice at N.Y.U. School of Law filed. (Distributed) |
| Apr 6 2016 | Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation filed. (Distributed) |
| Apr 6 2016 | Brief amici curiae of Public Citizen, Inc., and Democracy 21 filed. (Distributed) |
| Apr 6 2016 | Brief amicus curiae of Campaign Legal Center filed. (Distributed) |
| Apr 13 2016 | Reply of petitioner Robert F. McDonnell filed. (Distributed) |
| Apr 27 2016 | Argued. For petitioner: Noel J. Francisco, Washington, D. C. For respondent: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C. |
| Jun 27 2016 | Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion for a unanimous Court. |
| Jul 29 2016 | JUDGMENT ISSUED |
| Aug 19 2016 | Record from U.S.D.C. Eastern District of Virginia has been returned. |
