Supreme Court Rules on Honest-Services Fraud: Robert F. McDonnell v. United States

Criminal Law & Procedure and Free Speech & Election Law Practice Groups Teleforum

On June 27, 2016, the United States Supreme Court issued a unanimous opinion in Robert F. McDonnell v. United States. The Court vacated the public corruption convictions of former Virginia Governor Bob McDonnell, finding that the prosecution failed to properly instruct the jury on the definition of an “official action” as used in the federal bribery statute, Hobbs Act, and honest-services fraud statute. However, the Court rejected McDonnell's claims that the honest services statute and Hobbs Act are unconstitutional, and left the Court of Appeals to reconsider whether McDonnell had committed an "official act" under the Court's new definition. Our experts will discuss the impact of the opinion, as well as debate its merits, as it relates to public corruption law and the criminal law more generally, as well as to the First Amendment and campaign finance law.

Featuring:

  • Prof. Randall D. Eliason, George Washington University Law School
  • William J. Haun, Associate, Hunton & Williams LLP
  • Stephen R. Klein, Attorney, Pillar of Law Institute
  • Tara Malloy, Deputy Executive Director, Campaign Legal Center

On June 27, 2016, the United States Supreme Court issued a unanimous opinion in Robert F. McDonnell v. United States. The Court vacated the public corruption convictions of former Virginia Governor Bob McDonnell, finding that the prosecution failed to properly instruct the jury on the definition of an “official action” as used in the federal bribery statute, Hobbs Act, and honest-services fraud statute. However, the Court rejected McDonnell's claims that the honest services statute and Hobbs Act are unconstitutional, and left the Court of Appeals to reconsider whether McDonnell had committed an "official act" under the Court's new definition. Our experts will discuss the impact of the opinion, as well as debate its merits, as it relates to public corruption law and the criminal law more generally, as well as to the First Amendment and campaign finance law.

Featuring:

  • Prof. Randall D. Eliason, George Washington University Law School
  • William J. Haun, Associate, Hunton & Williams LLP
  • Stephen R. Klein, Attorney, Pillar of Law Institute
  • Tara Malloy, Deputy Executive Director, Campaign Legal Center

Call begins at 2:00 pm Eastern Time.

Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.