Part II: What the government didn't say in the McDonnell indictment

... is that their case is built upon a questionable witness.

See also Part I.

The Restoration Fund notes that the Government indictment against Governor McDonnell is long on sensationalism and short on facts or the law.  Perhaps this is because the bulk of the case is built upon the claims from former Star Scientific CEO Jonnie Williams, a man with over three decades of legal and ethical problems.

Democratic strategist Paul Goldman has some very interesting thoughts (see below) about this case, definitely worthy of reading especially for the research and investigative hounds in the media and blogger ranks.

Bob McDonnell's legal team lays it out in Part II.

As previously noted, an outside audit from a former Democratic Attorney General and a Washington Post FOIA request have already confirmed that Star Scientific nor Jonnie Williams received any tangible benefit.

But who is Jonnie Williams?

Former Democratic Party of Virginia Chairman Paul Goldman penned an excellent analysis on Jonnie Williams and his "playing the prosecutors" on the case regarding Governor Bob McDonnell.

Mr. Goldman also refers to the "curious media failure" that has largely ignored the mountain of questionable ethical, business and legal problems that have followed Mr. Willliams for over three decades. Bob McDonnell's reputation built over four decades of public service to Virginia and the nation, in the U.S. Army, as a prosecutor, Delegate, Attorney General, and now Governor, is being directly challenged by the government's indictment. It is only fair that his accuser be given the proper examination to weigh the validity and truthfulness of the claimant.

Please take time to read the excerpts of Goldman's story below and the link to WTVR's story.

If you wish to support the Governor during this period and want to contribute to his legal defense fund, please visit us at www.restorationfundva.com

The Restoration Fund

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GOLDMAN: Were federal prosecutors conned into pursuing Governor McDonnell?

Excerpts from Paul Goldman's research.

"I didn't vote for Republican Governor Bob McDonnell. But something never 'smelled' right about the unprecedented Department of Justice's relentless investigation into a popular Republican Governor during a gubernatorial election year.

"There isn't much genuine bipartisanship left anymore on tough issues. So it seemed useful for me to prepare an article showing the McDonnell investigation had not actually tainted the election outcome prior to today's results.

"But the research -- on my own without any compensation -- revealed a troubling picture I frankly never expected. All avenues of research confirmed the Washington Post's observation that the 'key question for prosecutors is who is most believable about the interactions between the governor and Williams.' "

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Prior to the McDonnell investigation, Star Scientific faced a relentless federal probe into years of questionable company stock transactions. This probe could have proven ruinous to Star along with Mr. Williams. But once Star's founder began fully cooperating with the Governor's pursuers, the securities probe seemingly faded away, the company telling shareholders not to worry.

As famed New York Yankee catcher Yogi Berra once said, some things are simply too coincidental to be a coincidence.

A CURIOUS MEDIA FAILURE

With all due respect to reporters who have covered this unprecedented story, the inexplicable failure by the Virginia media to provide the necessary in-depth profile examinations of Mr. Williams is self-evident. He claims to know evidence capable of taking down the Virginia Governor. An "MRI" examination into Mr. Williams thus became a basic journalistic obligation. His relevant history discussed below is easily accessible to any interested journalist.

It leads to the next question, "Is it possible prosecutors are equally in the dark or possess insufficient interest in this history?"

Moreover, federal prosecutors have ready access to countless federal and state documents not available to me over the Internet, assuming someone even knew they existed. The mainstream media also given their resources and confidential sources.

Given this failure, the people of Virginia have been left without the necessary information as regards the answer to the fundamental question: Just who, the heck, is the real Jonnie Williams?  

He has been called a "genius" with "an uncanny ability" to see a central path to a solution that other highly trained people have missed.

On the other hand, the website cites a little-known newspaper article quoting a former employee of Williams saying, "Jonnie Williams could sell a snowball to an Eskimo."

However, "when it came to backing up what he was selling, now that was another story. Let's face it, he was a salesman through and through." This description, given repeatedly during his business career, comes from a newspaper story about him in 1981.  
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GOLDMAN: 

 "PLAYING THE PROSECUTORS"

Prosecutors apparently believe Williams' claims that McDonnell tried to get the Virginia Tobacco Commission to fund Star-friendly research. But Williams' lawyer is twin brother to a long-time Commission powerbroker, now its Chairman. Why would he need the Governor? Besides, a search of the Commission website suggests those types of projects didn't  readily if ever received funding.

Judge Sol Wachtler famously said a prosecutor can indict a "ham sandwich." But would any sensible prosecutor invest money with Mr. Williams or tell a sick relative to stop taking prescription medicine and switch to a Star product?

From his earliest days as a legendary used car salesman in Fredericksburg, everyone recognized Jonnie Williams had the "gift."   Mr. James Sealey, a businessman who said the super salesman skipped town owing him thousands, still marveled.  "That guy could sell you anything. I mean anything," he said. "Let's face it," he added with a grin, "Jonnie could talk his way out of anything." 

"He was a very slick salesman," said David Muller, who competed with Williams back in the 1990's. Williams is "the guy who could sell snowballs in Alaska," Muller told Bloomberg News. 

Sensing prosecutors believed McDonnell "dirty," did Jonnie cleverly put a different "spin" on benign yet dumb actions to get them to give him a "get out of jail" free card? Given his history, at a minimum any reasonable person must have substantial and legitimate concerns.

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FULL GOLDMAN/WTVR Story can be found here:  http://wtvr.com/2013/11/05/goldman-were-federal-prosecutors-conned-into-pursuing-governor-mcdonnell/ 

Part I: What the government didn't say in the McDonnell indictment

... was that an outside audit confirmed that Star Scientific and Jonnie Williams received nothing of value.

While media outlets are splashing sensational headlines about the government indictment, they are short on facts or the law, and ignore the McDonnells' side of the story. It's been interesting to follow the details of this case that are ignored by many in the mainstream media ... the piling on has overtaken the good this man has done for decades which some will feel is deserved. I don't happen to be one of them.

The Restoration Fund, Bob McDonnell's legal team, is reviewing the government's allegations and how far short they fall under serious analysis. Following is Part I of their assessment.

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PART I:  What the Government indictment failed to mention is that.......
Outside Audit Confirms:  Williams & Star Received Nothing

April 29th, the Washington Post reported, and subsequently buried on paragraph 14,  that a Freedom of Information Act (FOIA) request has already confirmed that "Star Scientific" has not received a dime in state incentive grants or any other financial incentive under the McDonnell Administration.[1]  This critical information has already been subjected to numerous FOIA requests yet it has been largely ignored by the media and under-reported to the people of Virginia.

On July 18th, an external audit report was conducted by former Democratic Attorney General Anthony Troy to determine  a) whether Jonnie Williams or any of his affiliated businesses, including Star Scientific, Inc., (collectively, "Star Scientific) received any "public funds, grants, contracts or appointments" and b) whether any gubernatorial appointments were made to any officers or employees of Star Scientific.

This audit report vindicated Governor McDonnell and concluded:

§  A) Neither Jonnie Williams or any officer or employee of Star Scientific received a single grant, contract or a dollar of funds from the Officer of the Governor, the State Department of Health, the Secretary of Commerce and Trade, the Virginia Economic Development Partnership, the Secretary of Agriculture, any universities under the Secretary of Education, the Secretary of Public Safety or Secretary of Technology.  In short, this audit confirmed that Star Scientific received nothing of value from the McDonnell Administration. 

§  B) Neither Jonnie Williams or any officer or employee of Star Scientific has ever been appointed to a Commonwealth board or commission.
 

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[1] "Star Scientific does not appear to have received state incentive grants or other financial assistance during McDonnell's term, according to documents obtained through a Freedom of Information Act request to the Virginia Economic Development Partnership, the leading state agency that manages such programs." - Washington Post, April 29, 2013

Bob McDonnell has been subjected to selective leaks, shoddy reporting, and a media that ignores critical facts in attempt to destroy a man with over four decades of public services to America and the Commonwealth. Whether this is another disturbing patter from the Eric Holder Justice Department to attack, smear and investigate successful Republican Governors remains to be seen.

The facts remain that outside groups and audits have confirmed that Star Scientific nor Jonnie Williams received any tangible benefit.  It is a shame the media has failed the general public in omitting or diminishing these critical facts.

The Restoration Fund
http://www.restorationfundva.com/

McDonnell defense challenges federal charges

From The Restoration Fund: Governor Bob McDonnell's legal team filed their first public motions in response to the government's wrongful indictment built upon a witness with no credibility. Please take the time to click on the below links which directly challenges the entire foundation of the government's case.

"Bob McDonnell is an innocent man.  He never entered into an illegal agreement with Mr. Jonnie Williams or Star Scientific, nor did he ever promise or provide them any official benefits.  To bring today's indictment, the federal government has concocted a never-before-used legal theory manufactured for the sole purpose of prosecuting Governor McDonnell and his wife.  This new theory contravenes settled judicial precedent and disregards longstanding Virginia law and practice, seeking to punish the McDonnells for conduct that was legal before today.  The government's rickety legal foundation, moreover, underlies a precarious factual case, built largely from immunized testimony purchased with under-the-table promises to a key witness who would otherwise face criminal liability and massive financial penalties.  The federal government's decision to use these deceitful tactics in order to prosecute a popular and successful Republican Governor immediately upon his leaving office is disgraceful, violates basic principles of justice, and is contemptuous of the citizens of Virginia who elected him." 

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To read the complete background on this case, click on the two links below.

Defense Motion 1
Defense Motion 2

See also the following from respected DC attorney Chris Ashby: 10 quick thoughts on the case against Bob McDonnell.

Related:
- Former Governor Bob McDonnell calls charges false, holds press conference.

10 quick thoughts on the case against Bob McDonnell

Following are some thought-provoking points from attorney Chris Ashby who has looked at the legal charges brought against former Governor Bob McDonnell by the U.S. Government.

U.S. Senator and former Virginia governor Mark Warner noted on Wednesday that McDonnell should be considered innocent until proven guilty and praised the good he had accomplished in Richmond.

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First Take: U.S. v. McDonnell

Ten Quick Thoughts on the Case Against Bob McDonnell

By Chris Ashby

The indictment of Bob McDonnell is a gut punch to all who knew him, worked for him, admired and believed in him and his leadership style. Earlier today, on Twitter, I posted these ten quick thoughts on the law and politics of the case against him:

1. I was struck by the outburst of snark and schadenfreude from the chattering class on Twitter as news of the indictment broke. Whatever your policy disputes with him, Bob McDonnell played politics in a different way - thoughtful, respectful, fair - even with his opponents. The political chattering class would do well to learn to play Twitter that way, too. There but for the grace of God go we.

2. There has been much focus on the sensational facts of the indictment, but little if any focus on the law.

3. Bob McDonnell was the Governor of Virginia, elected by people of Virginia, exercising authority granted to him by the Constitution and laws of Virginia. And the conduct Bob McDonnell is accused of was entirely legal under Virginia law. For years, the Virginia General Assembly has determined that, without an express quid pro quo, no gift in any amount can corrupt or appear to corrupt a public official. Now, however, the Department of Justice apparently regards Virginia's law as insufficient to protect the people of Virginia from the man they elected to lead them, so it's indicting Bob McDonnell under federal law. In so doing, DOJ is substituting its policy preferences for will of the people of Virginia's elected representatives - charging Bob McDonnell federally for legal state conduct.

4. And where is that quid pro quo? DOJ has Jonnie Williams, so if there was a quid pro quo, wouldn't he have given it to them? But the indictment of Bob McDonnell pleads no facts proving any express quid pro quo.

5. Of course, the law on the requirement of a quid pro quo in Honest Services and Hobbs Act cases is all over the map. In some cases, it must be express. In other cases, it may be explicit, meaning it can be implied from the facts and circumstances. In campaign contribution cases, the quid pro quo generally must be express - because the underlying act is legal. In gift cases, the quid pro quo generally may be explicit (i.e., inferred) - because the underlying act usually is illegal. The McDonnell case is a gift case, but it's more akin to a contribution case, because unlimited gifts were expressly legal under Virginia law. DOJ clearly believes it doesn't need an express quid pro quo to convict Bob McDonnell. Expect this to be a central issue in the case.

6. Speaking of quid pro quos, how about DOJ's deal with Jonnie Williams? And what about the former Bob McDonnell staffer who Williams actually may have offered a six-figure private sector salary to in exchange for her help? Does she have a deal with DOJ too?

7. I don't know a single fair-minded Virginian who thinks Bob McDonnell deprived us of his "honest services," whatever that even means. And I also don't know anyone who thinks Bob McDonnell used his official position to EXTORT Jonnie Williams, as the Hobbs Act requires. As for the cover-up counts, I don't think the government should be able to imprison people for covering up crimes they are acquitted of.

8. Everybody's asking, "Is prosecution of Bob McDonnell political?" Of course it is. That's not the right question. The question is, "Is this prosecution fair?" From the beginning, the prosecution of Bob McDonnell has been conducted unfairly. Government agents leaking info to Washington Post reporters obtained in course of supposedly confidential law enforcement investigation of presumedly innocent man? DOJ cutting deals with the alleged briber, and possibly his co-conspirator, charging Bob McDonnell's wife as an accessory instead? Withholding evidence that is clearly exculpatory of Bob McDonnell?

9. For yrs, DOJ has said that public corruption is the federal government's #1 domestic law enforcement priority. I get that. Corrupt politics strikes at the very foundation of our democracy & undermines the legitimacy of its government. Dishonest politicians stretch the law and push the envelope, so DOJ and the Public Integrity Section must push and stretch to keep them in check. But poor personal and political judgment are not federal crimes. The facts alleged in Bob McDonnell's indictment reflect poorly on his personal and political judgment, but were expressly legal under Virginia law. DOJ was right to investigate this matter, but given legal state law conduct and the absence of an express quid pro quo, it should not have indicted Bob McDonnell. He has paid and will continue to pay very high price for his mistakes - shamed, disgraced, and flat broke by end of this case. He should not lose his freedom too.

10. Our adversarial justice system depends on defendants having the will and resources necessary to fight the relatively limitless will and resources of the government. Bob McDonnell faces a long, costly, draining fight versus a merciless adversary. I pray he'll have the resolve and funding he needs to see it through.

http://www.ashby-law.com/first-take-u-s-v-mcdonnell/

http://storify.com/VApolitico/chris-ashby-reacts-to-mcdonnell-legal-issues#

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Chris Ashby, a very well respected DC area attorney, provides a great summation of the incredibly weak indictment filed by the federal government against Governor Bob McDonnell.  -- The Restoration Fund

Former Governor Bob McDonnell calls charges false, holds press conference

On Tuesday, news broke about federal charges against former Governor Bob McDonnell and his wife, Maureen.

Immediately afterward, the Restoration Fund, a legal defense fund established by McDonnell supporters, sent out the following: "Earlier today former Governor Bob McDonnell released a statement regarding the false indictment built upon discredited witnesses that was filed today in federal court. Please take time to read below."

Here is the message from Bob McDonnell:

"My fellow Virginians, earlier today federal prosecutors notified my attorneys that they have filed criminal charges against me and my wife Maureen, alleging that we violated federal law by accepting gifts and loans from Jonnie Williams, the former CEO of Star Scientific. 

I deeply regret accepting legal gifts and loans from Mr. Williams, all of which have been repaid with interest, and I have apologized for my poor judgment for which I take full responsibility.  However, I repeat emphatically that I did nothing illegal for Mr. Williams in exchange for what I believed was his personal generosity and friendship.  I never promised - and Mr. Williams and his company never received - any government benefit of any kind from me or my Administration. 

We did not violate the law, and I will use every available resource and advocate I have for as long as it takes to fight these false allegations, and to prevail against this unjust overreach of the federal government."

Robert F. McDonnell
Former Governor of Virginia

Tuesday evening, May 21, the governor held a press conference in Richmond, Virginia, to further clarify his position:

Good evening.

My fellow Virginians, I come before you this evening as someone who has been falsely accused and whose public service has been wrongfully attacked. Earlier today, federal prosecutors filed criminal charges against me and my wife Maureen, alleging that we violated federal law by accepting gifts and loans from Jonnie Williams, the former CEO of Star Scientific. I deeply regret accepting legal gifts and loans from Mr. Williams, all of which have been repaid with interest, and I have apologized for my poor judgment for which I take full responsibility. However, I repeat emphatically that I did nothing illegal for Mr. Williams in exchange for what I believed was his personal generosity and friendship.

I never promised - and Mr. Williams and his company never received - any government benefit of any kind from me or my Administration: no contract, loan, grant, funding, legislation, budget appropriation, regulation, board or commission appointment, or any other official state benefit. I never promised or attempted to influence anyone to give Mr. Williams or his company any official state benefit. I did not try to hide or deceive anyone about my friendship with Mr. Williams. Two independent and non-political investigations have confirmed that Mr. Williams and Star Scientific received nothing from the State, and not one penny of taxpayer money went to him or Star Scientific during my Administration.

Not one penny.

Star Scientific publicly confirmed last spring that it neither sought nor received any special benefits from any official. The federal government's case rests entirely on a misguided legal theory: that facilitating an introduction or meeting, appearing at a reception, or expressing support for a Virginia business is a serious federal crime for an office holder if it involves a political donor or someone who gave a gift or loan.

The U.S. Supreme Court has already rejected this radical idea and for good reason: if it were applied evenhandedly to every elected official, nearly all of them, from President Obama on down, would have to be charged for providing tangible benefits to donors. My administration provided Mr. Williams the same routine courtesies and access to state government that I - and every other Governor before me - afforded to thousands of individuals, companies, charities, and other organizations, whether they were donors or not. No other elected official has ever been successfully prosecuted for such conduct, yet federal officials in Washington, in their zeal to find a basis to charge Maureen and me, have decided to stretch the law to its breaking point.

For 37 years, I have loyally and enthusiastically served my country and state as a U.S. Army Officer, a state prosecutor, a Member of the House of Delegates, Attorney General, and as your Governor. Serving as Governor of Virginia has been the highest professional honor of my life, and I have given my heart and soul to help the people of Virginia. My actions over the past four years were completely dedicated to providing common sense and compassionate solutions to the challenges Virginians face. My team and I worked successfully with Republicans and Democrats to support our citizens, and our work produced good results - creating jobs and record budget surpluses, enacting major education reforms, fixing our state's transportation and pension systems crises, and taking care of foster children, the homeless, and the mentally ill.

Although the federal investigation of my family has been indescribably agonizing, I believe the facts and the law are on our side, and we will face these false accusations with strength and firm resolve. I have great faith in God, who has blessed me immensely with positions of public trust, a loving family, and devoted friends. I also have great faith in the American justice system. I will use every available resource and advocate I have for as long as it takes to fight these false allegations, and to prevail against this unjust overreach of the federal government.

There is no way for me to fully convey how much I appreciate the ongoing steadfast support and encouragement of friends and countless fellow Virginians through this most difficult and unexpected test of my life. My family and I are most grateful for your prayers and affections.

Thank you for listening to me.

Supporters establish legal defense fund for Bob McDonnell

Friends and supporters of Governor Bob McDonnell have set up a legal defense fund to help with legal expenses and defend his record in office against attack.

The nonprofit 527(e)(1) Restoration Fund's board consists of Virginia Beach attorney Stanley Baldwin, Hampton roads businessman and entrepreneur Tom Knox, and Virginia beach attorney Jason Miyares.

Board chairman Baldwin commented:

"We believe that Bob McDonnell has complied with the laws of Virginia as they relate to financial disclosures. For a decades-long public servant like Governor McDonnell, the legal fees being incurred by the investigations spurred by the case against the former mansion chef could be ruinous. The Governor's friends want to ensure that he can wage a vigorous defense and clear his good name. Bob McDonnell's over four decades of public service to Virginia and the nation, in the U.S. Army, as a prosecutor, Delegate, Attorney General and as Governor has always been one of leadership and conviction.”

The fund will not accept contributions from any Virginia state employees, administration officials, board or commission appointees, or anyone who personally has or is a major shareholder, director, or executive of any entity with business before the Commonwealth.

Donations to the fund are not tax deductible as charitable contributions for federal income tax purposes, and persons that contribute more than $200 will be disclosed to the IRS and made public on a regular basis.