Federal prosecutors say McDonnell and then-first lady Maureen McDonnell sought to help Jonnie R. Williams Sr., the then-CEO of Star Scientific, boost his dietary supplement Anatabloc in exchange for thousands of dollars in gifts and loans.

Federal prosecutors say Earley’s testimony is inadmissible “because it simply tells the jury what verdict to reach,” so it is unhelpful to the jury. They say Earley may not give expert testimony about the defendant’s mental state and that his proposed testimony about the tobacco commission and state medical schools is unreliable and would confuse the jury.

McDonnell also wants defense attorney Peter H. White, a former federal prosecutor, to testify about Williams’ immunity agreement and how it and other factors affect the former Star Scientific CEO’s credibility. Prosecutors say the 4th U.S. Circuit Court of Appeals “flatly prohibits expert testimony on witnesses’ credibility.”

The former governor says Kosowsky, the accountant, would discuss the financial benefits the government has conferred on Williams and Star Scientific by granting immunity. He also would testify about the mechanics of applying for bank loans.

The U.S. says Kosowsky may not opine on witness credibility or on McDonnell’s state of mind in filling out bank loan applications.