WASHINGTON, D.C. – Several Supreme Court Justices heavily questioned the federal government's arguments during a hearing challenging the conviction of former Va. Governor Bob McDonnell.
The big question for the hearing: what is an official act? Both sides struggled to give an exact definition. Justice Stephen Breyer was most vocal, worrying the vagueness could allow "over-zealous" prosecutors to prosecute government officials who are doing routine parts of their jobs.
"This has obviously been a personal challenge, but I know the justice system will get this right," said McDonnell after Wednesday's hearing.
McDonnell was convicted on federal corruption charges in September of 2014. He was sentenced to two years in prison for the crimes, but last August the Supreme Court granted an emergency motion allowing him to stay out of jail while the justices considered whether to take up the case.
McDonnell’s lawyers argue that the former governor’s actions were limited to routine political courtesies such as arranging meetings, asking questions and attending events and that he never exercised any governmental power on behalf of Williams.
In court papers they say that the lower court decision construed “official action” so broadly that it dramatically expanded federal corruption statutes in order to make “common place actions” federal felonies.
McDonnell is supported by former federal officials, on both side of the political spectrum including former Attorney Generals Michael B. Mukasey, John Ashcroft who served in Republican administrations as well as Gregory B. Craig, former Counsel to President Barack Obama.
“The law should not be broadened,” they wrote in briefs, “to subject government officials to the threat of prosecution for engaging in innocent conduct that occurs on a routine basis.”
Michael Dreeben, deputy solicitor general, represented the prosecution. He said a more narrow definition could lead to corruption.
The court is expected to rule in June. Due to Justice Scalia's death, there are only 8 justices. A 4-4 tie would mean the conviction stands.
This story was written with additional content from CNN
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Former Va. First Lady Maureen McDonnell’s appeal scheduled for late October
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Former Virginia Attorney General Cuccinelli weighs in on McDonnell sentencing
