Hurd said Monday, “It is disappointing that the federal court would not allow these five former attorneys general to file their brief on an issue of such importance to the people of Virginia.”

Attorneys for the former governor and former first lady have asked a federal judge to dismiss the corruption charges against them, arguing that the U.S. government is trying to stretch the bounds of federal bribery law.

McDonnell and his wife face the 14-count indictment, which stems in part from more than $165,000 in gifts and loans they accepted from Jonnie R. Williams Sr., who at the time was CEO of Star Scientific, a company seeking to market a dietary supplement.

The McDonnells have pleaded not guilty to all charges. Spencer has set a July 28 start for the trial, which he expects to last five or six weeks.

Prosecutors have said the indictment “sets forth in detail the defendants’ scheme to use Mr. McDonnell’s former official position as the governor of Virginia to enrich the defendants and their family members by soliciting and obtaining payments, loans, gifts and other things of value from (Williams) and Star Scientific in exchange for Mr. McDonnell and his former office performing official actions on an as-needed basis, as opportunities arose, to legitimize, promote and obtain research studies for Star Scientific’s products.”