By Lawrence Hurley
WASHINGTON (Reuters) - The Supreme Court on Wednesday appeared poised to throw out the corruption convictions of former Virginia Governor Robert McDonnell, a move federal prosecutors fear could undermine their ability to bring crooked politicians to justice.
During the one-hour argument, several of the eight justices signaled that the conduct of McDonnell in accepting $177,000 in gifts and sweetheart loans from a businessman seeking to promote a dietary supplement did not constitute a criminal act.
Conservative Chief Justice John Roberts went further, suggesting the statutes under which McDonnell was convicted could be so broad as to be unconstitutionally vague because they can sweep in so many different activities, including setting up routine meetings on behalf of political donors.
McDonnell, 61, is a former Republican Party rising star who served as governor from 2010 to 2014 and once was considered as a possible vice presidential candidate.
Liberal and conservative justices alike raised concerns about the Justice Department's broad interpretation of U.S. bribery law, with liberal Stephen Breyer one of the most outspoken. He described as "dangerous" the "enormous power over elected officials" that federal prosecutors would hold if the court endorsed the Justice Department's position.
Some justices signaled they would prefer a decision that would narrow the scope of the law to ensure that officials still can be prosecuted for corrupt acts in certain instances.
The U.S. Justice Department asserts that overturning McDonnell's conviction could harm its ability to enforce laws against corruption by political figures.
Breyer said politicians need guidance so they know what conduct potentially could be prosecuted. If the law is interpreted broadly, "political figures will not know what they are supposed to do,” he said.
Roberts made reference to a 2010 ruling in which the court had narrowed the scope of one of the laws under which McDonnell was prosecuted rather than striking it down. Although he had signed on to that decision, he questioned whether the evidence now showed "the caution the court showed then was ill-advised."
McDonnell and his wife, Maureen, were convicted in 2014. Prosecutors during his trial described the luxurious lifestyle the McDonnells lived thanks to Virginia businessman Jonnie Williams including vacations, designer clothing and shoes, a $6,500 Rolex watch, $15,000 for their daughter’s wedding, golf outings and more.
CONVICTED ON 11 COUNTS
After a trial that laid bare rifts in his marriage, McDonnell was convicted of 11 corruption counts including conspiracy, bribery and extortion for taking the gifts and loans in exchange for promoting a dietary supplement called Anatabloc made by Williams' company Star Scientific.
McDonnell's wife was found guilty of nine criminal counts and received a one-year sentence.
Liberal Sonia Sotomayor, one of the only justices to indicate support for the prosecution, suggested it was reasonable to infer that McDonnell's intent was to help Williams when he accepted the money and gifts.
Despite the apparent support for McDonnell, some justices appeared troubled by the signal a ruling in his favor would send. Liberal Ruth Bader Ginsburg appeared alarmed by the idea of officials being able to accept payment to arrange meetings without facing potential prosecution. Officials could simply say "you want a meeting, give me $1,000," Ginsburg said.
A ruling is due by the end of June.
On a dreary, rainy day in Washington, McDonnell and his wife arrived at the courthouse and were present in the courtroom for the arguments. McDonnell, clad in a dark suit with a blue striped tie, was surrounded by journalists outside the courthouse after the arguments.
A judge sentenced McDonnell to two years behind bars, but the Supreme Court last year said he would not have to report to prison while his appeals were ongoing.
McDonnell's lawyers contend the former governor's conduct did not constitute "official action" in exchange for a thing of value, as required for conviction under federal bribery law.
The actions in question "were limited to routine political courtesies: arranging meetings, asking questions and attending events," the lawyers wrote in court papers.
His lawyers wrote that a ruling against McDonnell would "upend the political process" by transforming ordinary interactions between a politician and political donors into criminal acts.
Federal prosecutors have used the vaguely written "honest services" fraud statute, one of the laws McDonnell was convicted of violating, against several high-profile government and business officials accused of wrongdoing. They included former Democratic Alabama Governor Donald Siegelman, convicted in 2006.
Supreme Court decisions in 2010 involving former Enron Corp executive Jeffrey Skilling and media baron Conrad Black narrowed the scope of the law to just bribes and kickbacks.
The Richmond-based 4th U.S. Circuit Court of Appeals upheld McDonnell's conviction in July 2015, and he subsequently appealed to the Supreme Court.
If the Supreme Court, shorthanded since the Feb. 13 death of Justice Antonin Scalia, is split 4-4 in McDonnell's appeal, that would leave intact the lower-court's ruling upholding his conviction.
(Reporting by Lawrence Hurley; Editing by Will Dunham)