Supreme Court to Consider Honest-Services Fraud: Oral Arguments Heard in Robert F. McDonnell v. United States - Podcast
Criminal Law & Procedure and Free Speech & Election Law Practice Groups Podcast
Criminal Law & Procedure and Free Speech & Election Law Practice Groups Podcast
On Wednesday, April 27, the United States Supreme Court heard oral arguments in Robert F. McDonnell v. United States. The Court will review the public corruption convictions of former Virginia Governor Bob McDonnell to determine whether the definition of “official action” as used in the federal bribery statute, Hobbs Act, and honest-services fraud statute is limited to exercising actual governmental power or the threat or pressure to do so. If the definition is not so limited, the Court will also consider whether the Hobbs Act and honest-services fraud statute are unconstitutional—given that such a broad definition could include political activity protected by the First Amendment. Our experts attended the oral arguments and offered a summary and analysis to Federalist Society members.
Featuring:
Senior Counsel, Becket Fund for Religious Liberty
William J. Haun is Senior Counsel at the Becket Fund for Religious Liberty and a Nonresident Fellow at the American Enterprise Institute (AEI). At Becket, Will litigates nationwide in defense of religious liberty for all faith traditions, particularly before the U.S. Supreme Court and in other federal and state appellate courts. His litigation includes being a member of the U.S. Supreme Court team that prevailed 9-0 for Catholic Social Services in Fulton v. City of Philadelphia, arguing before multiple federal appellate courts, federal district courts, and the Supreme Court of Texas. At AEI, Will writes and researches on constitutionalism and self-government’s prerequisites, especially the role of religion in securing and preserving freedom.
Before joining Becket and AEI, Will practiced appellate and antitrust law at two international law firms—Shearman & Sterling and Hunton & Williams. He also served as a law clerk to Judge Janice Rogers Brown of the U.S. Court of Appeals for the D.C. Circuit and Judge Claude Hilton of the U.S. District Court for the Eastern District of Virginia. Will often writes on constitutional law issues, including in the Harvard Journal of Law & Public Policy, the Catholic University Law Review, National Affairs, Law & Liberty, National Review Online, the Wall Street Journal, and the Washington Post. He also speaks on these topics, including at the Catholic University of America, Columbus School of Law, Princeton University, the University of Virginia School of Law, and the University of Chicago Law School. He received his J.D. from the Catholic University of America, cum laude, where he was a published member of the Law Review. He received his B.A. from American University in political science, cum laude. He lives in Maryland with his wife and children, where they enjoy sailing, cheering on their favorite baseball teams, and discovering the great traditions of their Catholic faith.
Partner, Barr & Klein PLLC
Steve Klein, a partner at Barr & Klein PLLC, is an experienced free speech attorney who has successfully fought for the First Amendment rights of his clients against local, state and federal regulators. As a lobbyist, Steve’s advocacy has led to the successful amendment of state laws to respect political engagement and prevented the enactment of laws that burden it. Steve has published articles in several legal journals, and his commentary has appeared in The Wall Street Journal, The Washington Times, The Detroit News, and other outlets. Steve earned a bachelors degree in politics at Hillsdale College and a law degree from Ave Maria School of Law, where he served as Managing Editor of the Ave Maria Law Review. He is licensed to practice law in the District of Columbia, Illinois and Michigan.