There is history for thinking they might.
Supreme Court overturns corruption conviction of former Va. governor McDonnell
By Robert BarnesJune 27, 2016
The Supreme Court unanimously overturned former Virginia governor Robert F. McDonnell’s public-corruption conviction Monday and imposed higher standards for federal prosecutors who charge public officials with wrongdoing.
Chief Justice John G. Roberts Jr. described the former governor’s actions as “tawdry” but agreed that instructions to the jury in his case about what constitutes “official acts” were so broad, they could cover almost any action a public official takes.
McDonnell’s promising political career was derailed by his entanglement with a businessman who showered the governor and his family with luxury gifts and financial benefits. McDonnell and his wife, Maureen, were indicted and convicted after he left office in January 2014.
Legal experts said the new standards would make it difficult for federal prosecutors to retry McDonnell, but Roberts said the Supreme Court was expressing no view on that.
“If the court below determines that there is sufficient evidence for a jury to convict Governor McDonnell of committing or agreeing to commit an ‘official act,’ his case may be set for a new trial,” Roberts wrote. “If the court instead determines that the evidence is insufficient, the charges against him must be dismissed.”
The chief justice seemed concerned that the public might take the view that the court was endorsing politics as usual.
“There is no doubt that this case is distasteful; it may be worse than that. But our concern is not with tawdry tales of Ferraris, Rolexes, and ball gowns,” Roberts wrote. “It is instead with the broader legal implications of the Government’s boundless interpretation of the federal bribery statute.”
more:
http://www.washingtonpost.com/politics/supreme-court-rules-unanimously-in-favor-of-former-va-robert-f-mcdonnell-in-corruption-case/2016/06/27/38526a94-3c75-11e6-a66f-aa6c1883b6b1_story.html
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