McDonnell v United States
Issues
What are the limits of a government official’s conduct being considered an “official action,” and what implications do these limits have on jury instruction and the constitutionality of the Hobbs Act and the honest-services fraud statute?
In this case, the Supreme Court will decide whether an “official action” is limited to exercise of actual government power. In light of this determination, the court will then decide whether the honest-services statute and Hobbs Act sufficiently define official actions to comply with the Constitution. Robert McDonnell argues that official actions should be limited to the actual exercise of government power and that his conduct as governor was never an exercise of actual government power. Thus, McDonnell argues that his conviction should be overturned on the merits, but he also argues that the trial court’s jury instructions were erroneous based on a flawed definition of “official action” given to the jury. In addition, McDonnell argues that the honest-services statute and Hobbs Act are unconstitutionally vague. The United States argues that McDonnell construes the definition of official action too narrowly, and that a proper interpretation encompasses McDonnell's conduct in this case. United States rejects McDonnell’s jury instruction arguments based by noting that these instructions included a precise definition of “official action” from the statute, with additional information to clarify the definition. Finally, the United States rejects McDonnell’s constitutional challenges by citing a recent and similar Supreme Court challenge to these statutes that failed.
Questions as Framed for the Court by the Parties
Is “official action” limited to exercising actual governmental power, threatening to exercise such power, or pressuring others to exercise such power, and must the jury be so instructed; or, if not so limited, are the Hobbs Act and honest-services fraud statute unconstitutional?
Petitioner Robert McDonnell was elected the governor of Virginia in 2009. United States v. McDonnell, 792 F.3d 478, 486 (4th Cir.
Written by
Edited by
Additional Resources
• Adam Liptak, Justices to Hear Appeal by Bob McDonnell, Ex-Governor of Virginia, The New York Times (Jan. 15, 2016).
• Jonathan Stahl, Supreme Court to hear Virginia governor corruption case, Constitution Daily (Feb. 2, 2016)
• Greg Stohr, U.S. Supreme Court Takes On Public Corruption With McDonnell Case, Tribune News Service (Jan. 18, 2016).