Former Va. Gov. McDonnell to remain free pending appeal

Former Virginia Gov. Bob McDonnell will be able to stay out of prison as his attorneys appeal his corruption convictions, the U.S. Fourth Circuit Court of Appeals ruled Monday.

McDonnell had been set to report to prison on Feb. 9 to start a two-year sentence, but the court concluded that McDonnell is “not likely to flee or pose a danger to the safety of any other person.” The appeal “raises a substantial question of law or fact that, ‘if decided in favor of the accused’ is ‘important enough’ to warrant reversal or a new trial,” the court said.


McDonnell was found guilty of 11 federal corruption counts in September. His wife was found guilty on eight similar counts and is to be sentenced in February.

In a statement, McDonnell said he is “grateful” for the court’s ruling and plans to “spend time with my new granddaughter who was born this month, attend my sons’ graduation ceremonies, and embrace family time with my daughters” while waiting on the appeal.

The same court said on Friday that it would allow a half dozen former Virginia attorneys general, two law professors, and the National Association of Criminal Defense Lawyers to file briefs in support of the former governor. They were cited as “Amici Supporting Appellant” on the order.

The decision reverses District Court Judge James Spencer’s denial of McDonnell’s request to be released on bond. Spencer said then that the defense did not present an argument “that very well could be decided the other way,” according to the Daily Press.

The Virginia State Bar suspended McDonnell’s law license last week, but he can appeal the bar’s decision on Feb. 20.