While his wife is still in the midst of the appeals process for her federal corruption convictions, former Virginia Governor Bob McDonnell is nearing the end of his fight to beat the convictions against him. The 4th U.S Circuit Court of Appeals has denied his request to remain free as he pursues an appeal to the nation’s highest court.
Legal analyst Todd Stone says it's possible—but not likely —that the Supreme Court would stay the order that McDonnell report to prison.
"Because the 4th Circuit Court of Appeals has denied the appeal and they have issued the mandate which ends the bond that he was on and his only option now is to ask for an appeal to the U.S. Supreme Court and that is not something that he is entitled to."
McDonnell's attorneys have filed an emergency application asking Chief Justice John Roberts to allow him to remain free during the next stage of appeal. Stone adds that even if the high court doesn't take his case, he may not have to report to prison immediately.
"If he has already been designated to a facility then he could be surrendering himself very soon. If he has not been designated yet, I think he'll be allowed to remain out and self report at the point where he is designated to a facility."
McDonnell was sentenced to two years in prison and his wife, Maureen, to a year and a day. Her appeal will be heard on October 29th. In a statement, the former Governor said he's saddened that his freedom is being denied and maintained that he is innocent of the charges against him.
The Chief Justice handles emergency applications for the 4th Circuit. In their filing, McDonnell’s attorneys argue that by the time the Supreme Court hears the case and hands down a ruling that could potentially reverse the convictions, McDonnell could have finished serving his entire sentence.
