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Andrew McBride Discusses Bob McDonnell’s Petition for Rehearing of Corruption Appeal

Daily Press
July 28, 2015

Andrew G. McBride, chair of Wiley Rein’s Communications Appellate & Litigation Practice, was quoted in a Daily Press article about former Virginia Governor Bob McDonnell’s petition for the full U.S. Court of Appeals for the Fourth Circuit to reconsider a three-judge panel’s decision to uphold his corruption convictions. Experts say such a rehearing is unlikely, but a denial of the petition could set up a challenge in the Supreme Court of the United States, where Mr. McDonnell has a better chance of success, according to the article.

Mr. McBride commented that Mr. McDonnell’s lawyers probably aren’t expecting an en banc hearing, but hoping for a “red flag dissent” from one of the circuit’s 15 judges. If any of the judges feels the case deserves another hearing, and says so, that may “catch the attention of the Supreme Court,” he said.

Much of the case comes down to what “official acts” Mr. McDonnell had to take to justify bribery charges, according to the article. The Fourth Circuit has a history of backing the prosecution’s wider definition, making the Supreme Court “really the venue where Mr. McDonnell has a shot,” Mr. McBride said.

To read the full article, click here.