McDonnell Trial is Just Criminal

§ 3.2-5410. Prohibitions of bribery or gifts to state employees; assaults or interference with such employees.

A. Any person that shall give, pay, or offer, directly or indirectly, to any officer or employee of the Commonwealth authorized to perform any of the duties prescribed by this chapter or by the regulations of the Board, any money or other thing of value, with intent to influence said officer or employee in the discharge of any such duty, is guilty of a Class 6 felony. Any officer or employee of the Commonwealth authorized to perform any of the duties prescribed by this article who shall accept any money, gift, or other thing of value from any person, given with intent to influence his official action, or who shall receive or accept from any person engaged in intrastate commerce any gift, money, or other thing of value given with any purpose or intent whatsoever, is guilty of a Class 6 felony and shall, upon conviction, be summarily discharged from office.

B. Any person that forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person engaged in or on account of the performance of his official duties under this chapter with the intent to hinder, delay, or prevent the performance of such duties is guilty of a Class 6 felony.

Bribery is illegal. It is illegal to accept or give a bribe.  As far as I am concerned no one who is on a public payroll and who has the ability to give favors should be allowed to accept anything. I mean nothing, nada, zip.

Mr. or Ms. “Public Servant” shouldn’t accept anything from anyone.  Avoid all appearance of evil.

I have been particularly disappointed with former Virginia Governor Bob McDonnell.  I am usually disappointed with elected officials, this one particularly is because I thought he was doing a good job.

Any way you look at it McDonnell used poor judgment. In addition to poor judgment he attempted to hide it. Sadly, in Virginia, if he had listed the “gifts” on his disclosure he would have been legal.  It would have been just as wrong but it would have been legal.

So now he is being prosecuted by someone with an ax to grind or a vendetta or who is attempting to make a name for political purposes.

We have Jonnie Williams, the guy who has admitted to attempting to bribe the Governor of Virginia, which is a criminal act. But he has been offered immunity for his crimes in exchange for testifying against the McDonnells.

In short, the prosecution has hired a witness by giving him a “thing of value,” i.e., immunity from a felony conviction in order to gain a felony conviction on another person.

This is wrong on so many counts I can’t list them. It is reminiscent of the Middle Ages where witnesses were hired and the witness with the highest social status won.   It sure ain’t justice.

If a prosecutor can’t get a conviction without hiring a witness maybe he shouldn’t get a conviction.

If the facts of the case aren’t sufficient to convict without a hired witness why are they having a trial?

Even more disturbing is the fact that the hired witness has admitted to a criminal action. He has admitted he intended to buy favors from the Governor of Virginia. He has admitted he committed multiple class six felonies.  But somehow his testimony is going to be considered to be honest and accurate.

“I was lying then but I’m telling the truth now” should disqualify any witness.

Many and maybe even most people when given the choice of felony conviction and jail OR assisting in gaining the conviction of another person would lie, cheat and steal to do so.

Suppose six people are involved in a shooting. By offering the other five immunity from prosecution for testifying, any one of the six could be convicted.

This isn’t justice.

Ask any police officer.  Often following a drug bust the suspect is given the opportunity to “give up” the supplier for a reduced sentence.  The supplier is not charged on the testimony of the first suspect. He is recorded making another sale.  That is good police work. Charging him on the testimony of a known and self-confessed criminal would be criminal.

So is this trial.