ROBERT F. MCDONNELL MAUREEN G. MCDONNELL ) ) ) ) ) )
CRIMINAL NO. 3:14-CR-00012
JUDGE JAMES R. SPENCER
DEFENDANT ROBERT F. MCDONNELLS MOTION # 39 RENEWED MOTION FOR JUDGMENT OF ACQUITTAL PURSUANT TO RULE 29 OF THE FEDERAL RULES OF CRIMINAL PROCEDURE
Defendant Robert McDonnell, by and through undersigned counsel, moves the Court for a judgment of acquittal on Counts 1-11 of the Indictment. The Government has failed to show that Mr. McDonnell performed or promised to perform any official act for Jonnie Williams, as required to prove Counts 1-11 of the Indictment. The Government has not produced any evidence that would allow a jury to conclude that Mr. McDonnell promised to exercise (or to influence others to exercise) any actual governmental power to benefit Mr. Williams. The most the Government can show, granting it the benefit of all reasonable inferences, is that Mr. McDonnell facilitated Mr. Williams access to certain government decision-makers so that Mr. Williams could attempt to persuade them to his cause. But [i]ngratiation and access . . . are not corruption. Citizens United v. Fed. Election Commn, 558 U.S. 310, 360 (2010). For this reason, Mr. McDonnell is entitled to a judgment of acquittal on Counts 1-11 of the Indictment. The Government has also failed to establish federal jurisdiction for Counts 5-11, which allege that Mr. McDonnell conspired to commit, and did commit, extortion in violation of the Case 3:14-cr-00012-JRS Document 509 Filed 09/18/14 Page 1 of 3 PageID# 15312
Hobbs Act, which criminalizes extortion that obstructs, delays, or affects commerce or the movement of any article or commodity in commerce. 18 U.S.C. 1951(a). Here, the Government has introduced only the most speculative evidence that any of the acts Mr. McDonnell allegedly agreed to perform would have had an effect on interstate commerce. For this additional reason, Mr. McDonnell is entitled to a judgment of acquittal on Counts 5-11. A proposed Order is submitted herewith for the convenience of the Court.
Dated: September 18, 2014
Respectfully submitted, /s/ Jonathan A. Berry Henry W. Asbill (pro hac vice) Mary Ellen Powers (pro hac vice) Noel J. Francisco (pro hac vice) Ryan D. Newman (pro hac vice) James M. Burnham (pro hac vice) Jonathan A. Berry (VSB No. 81864) JONES DAY 51 Louisiana Avenue, N.W. Washington, DC 20001 Telephone: (202) 879-3939 Facsimile: (202) 626-1700
John L. Brownlee (VSB No. 37358) HOLLAND & KNIGHT LLP 800 17th Street N.W. Suite 1100 Washington, DC 20006 Telephone: (202) 828-1854 Facsimile: (202) 955-5564
Counsel for Robert F. McDonnell Case 3:14-cr-00012-JRS Document 509 Filed 09/18/14 Page 2 of 3 PageID# 15313
CERTIFICATE OF SERVICE
I, Jonathan A. Berry, am a member of the Bar of this Court. I hereby certify that on this 18th day of September, 2014, I caused the foregoing to be electronically filed with the Clerk of Court using the CM/ECF system, causing it to be served on all registered users.
Dated: September 18, 2014 Respectfully submitted, /s/ Jonathan A. Berry Jonathan A. Berry (VSB No. 81864) JONES DAY 51 Louisiana Avenue, N.W. Washington, DC 20001 Telephone: (202) 879-3939 Facsimile: (202) 626-1700 Email: jberry@jonesday.com
Counsel for Robert F. McDonnell
Case 3:14-cr-00012-JRS Document 509 Filed 09/18/14 Page 3 of 3 PageID# 15314
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION UNITED STATES OF AMERICA,
v.
ROBERT F. MCDONNELL MAUREEN G. MCDONNELL
) ) ) ) ) )
CRIMINAL NO. 3:14-CR-00012
JUDGE JAMES R. SPENCER
[PROPOSED] ORDER
Upon consideration of Defendant Robert F. McDonnells Motion # 39 Renewed Motion for Judgment of Acquittal Pursuant to Rule 29(c) of the Federal Rules of Criminal Procedure, it is hereby ORDERED that the Motion is GRANTED. The Court finds as follows: There is insufficient evidence to show that Mr. McDonnell corruptly performed or promised to perform an official act; and There is insufficient evidence to show that any of the conduct charged to Mr. McDonnell had a realistic probability of affecting interstate commerce. The Court therefore ORDERS the Clerk to enter a JUDGMENT OF ACQUITTAL as to Counts 1-11 of the Indictment for Mr. McDonnell.
IT IS SO ORDERED.
Dated:_____________________ _________________________ James R. Spencer United States District Judge Case 3:14-cr-00012-JRS Document 509-1 Filed 09/18/14 Page 1 of 1 PageID# 15315