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Former Virginia governor Bob McDonnell receives two years in prison for his federal public corruption convictions Tuesday. VPC
Former Virginia governor Robert McDonnell, center, arrives Jan. 6, 2014, at U.S. District Court in Richmond, Va., with his daughter Cailin Young, right, and his son-in-law Chris Young, left.(Photo: Alex Wong, Getty Images)
RICHMOND, Va. — Former Virginia governor Bob McDonnell will spend two years in federal prison after asking for mercy Tuesday at his own sentencing hearing on public corruption convictions.
Judge James R. Spencer revealed McDonnell's punishment after McDonnell was found guilty Sept. 4 on 11 of 13 federal charges filed against him. The former governor, indicted 10 days after leaving office, was convicted of trading access to the power of the governor's office for more than $165,000 in loans and high-end gifts, and prosecutors wanted him to spend more than 10 years in federal prison.
"I stand before you a heartbroken and humbled man," McDonnell said in court Tuesday before Spencer handed down the sentence. He will have to report to prison by Feb. 9.
Spencer, who presided over a six-week trial in late summer, determined that federal sentencing guidelines call for a sentence of 78 to 97 months — 6½ to a little more than 8 years — saying an obstruction-of-justice enhancement shouldn't count if McDonnell gave testimony that the jury did not believe. Spencer did not have to adhere to federal guidelines in determining McDonnell's sentence, but federal judges use them most of the time.
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"Any time an elected official is sent to prison, it sends a message," the FBI's lead agent in the investigation said after the sentencing.
The judge received almost 450 letters attesting to McDonnell's integrity and asking for mercy before sentencing. And McDonnell supporters, including former NFL standout Bruce Smith; McDonnell family members; McDonnell's wife, Maureen; and several state lawmakers packed the courthouse.
"He's been punished enough," Speaker William J. Howell of the Virginia House of Delegates said in court testimony. The Republican politician from Falmouth, Va., and the former governor have been friends for decades.
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McDonnell's wife, tried at the same time as her husband, was convicted on nine of 13 charges filed against her. One of her convictions was later dropped. Her sentencing is scheduled for Feb. 20.
The businessman who was seeking government support for his company's products, former Star Scientific CEO Jonnie Williams, received immunity for testifying against the McDonnells.
“If Bob McDonnell were buried in jail, … it would be like burying something of enormous value.”
William F. Horan, Operation Blessing
Defense lawyers had asked that McDonnell receive probation and be sentenced to 6,000 hours of intensive community service.
Several charities offered McDonnell volunteer positions, including religious broadcaster Pat Robertson's Operation Blessing, which had jobs managing a hunger relief program in Appalachia and another working at an orphanage and fish farm in Haiti.
"If Bob McDonnell were buried in jail, … it would be like burying something of enormous value," according to testimony from William F. Horan, Operation Blessing's executive director, as recounted in The Washington Post's sentencing blog.
On Monday, the day before the sentencing, McDonnell's lawyers filed a motion asking Spencer to allow the former governor to remain out of prison on bond pending the outcome of his appeal.
Included among the nearly 1,000 pages of documents filed by McDonnell's legal team were 443 letters from family, friends and former colleagues urging the judge to give the former governor a lenient sentence.
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Each of McDonnell's five children — he has three daughters and twin sons — wrote letters on their father's behalf. Some children told the judge that their mother made bad decisions and solicited money and gifts behind their father's back and without his knowledge.
McDonnell also received support from notable political and business figures, including Sen. Tim Kaine, D-Va.; U.S. Rep. Scott Rigell, R-Va.; Virginia Beach Mayor Will Sessoms; former Virginia Beach Commonwealth's Attorney Harvey Bryant; and developer Bruce Thompson. Some testified for leniency in his punishment.
“It was not just some small little thing. It was major, and it went on for a very long time.”
Robin Trujillo, McDonnell juror
One of the McDonnell jurors believes that a lenient sentence is a slap in the face to justice.
"Good people can do bad things," Robin Trujillo said. "We talked, we went through documents about the testimony and looked at all the evidence.
"It was just overwhelming. It was also just staring us in the face," Trujillo said.
She's disturbed by all the letters seeking leniency.
"It was not just some small little thing. It was major, and it went on for a very long time," Trujillo said.
Many of the 400 letters attest to the former governor's character.
"It's never been about how nice you are," Trujillo said. "It's what you did, what you allowed to happen."
McDonnell once was considered a possible running mate for 2012 GOP presidential nominee Mitt Romney. McDonnell delivered the 2010 Republican response to the State of the Union Address and became chairman of the Republican Governors Association in 2011.
Former Virginia governor Robert McDonnell arrives Tuesday at U.S. District Court in Richmond, Va., for sentencing.(Photo: Alex Wong, Getty Images)
McDonnell, 60, is the first Virginia governor to be convicted of a felony.
Political analyst Bob Holsworth, who observed the trial, said he was surprised with some the letters, including one from McDonnell's sister Maureen, which repeated the failed defense strategy of blaming his wife.
"Why the defense would enable or solicit letters that would in some way replay the trail again seemed to me to be a very curious strategy and one that I don't think is going to work very well," Holsworth said.
Henry Asbill, one of McDonnell's lead lawyers, said in September that his client would appeal. However, an appeal cannot be filed until after sentencing.
Throughout the trial and in the months since, McDonnell and his lawyers have argued that the laws under which he was convicted are unconstitutionally vague.
Most of the charges filed against the McDonnells stem from the Hobbs Act, which makes it illegal for public officials to take bribes.
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Backgrounder: Trial of former Va. Gov. Bob McDonnell
Prosecutors contend that McDonnell took gifts from Williams in exchange for a continuing stream of favors and access. But, at trial, they acknowledged that they could not pinpoint one specific quid pro quo. Because of that, their client should not have been convicted, McDonnell's lawyers argue.
Defense lawyers argue that their appeal will raise new and significant legal questions that could have a major bearing on the outcome of his case.
Contributing: Peggy Fox, WUSA-TV, Washington; The Associated Press
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