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How does McDonnell case impact the defense of Sen. Louise Lucas?

Former Virginia Gov. Bob McDonnell speaks outside the Supreme Court in Washington, Wednesday, April 27, 2016, after the Supreme Court heard oral arguments on the corruption case against McDonnell.
Andrew Harnik
/
AP
Former Virginia Gov. Bob McDonnell speaks outside the Supreme Court in Washington, Wednesday, April 27, 2016, after the Supreme Court heard oral arguments on the corruption case against McDonnell.

As state Senator Louise Lucas prepares her defense against corruption charges, her lawyers will have an important precedent to consider: the unsuccessful prosecution of former Governor Bob McDonnell.

Quid pro quo is a Latin phrase that means "this for that," and in the Bob McDonnell corruption case, the governor received, well, a lot of stuff. So there was an abundance of quid. But the Obama-era Department of Justice failed to prove he did anything meaningful in return. So there wasn't much quo, and the U.S. Supreme Court vacated his conviction.

Legal expert Rich Kelsey says that precedent will be significant as federal prosecutors try to prove Louise Lucas engaged in a quid pro quo.

"She certainly is on record as being ready to take certain government action, and she has taken certain government action. Has she seen the rewards of that?" Kelsey wonders. "Have her supposed conspirators seen the rewards? I'm not sure about that, at least not at this point."

The McDonnell precedent might end up being significant, although this case might end up being more about marijuana than corruption, says Jennifer Ahearn at Citizens for Responsibility and Ethics in Washington.

"It's possible that some of those things could move the case forward and be less explicitly about public corruption issues and more about the laws and regulations around marijuana and things associated with drugs and drug sales," according to Ahearn. 

The trial of Louise Lucas could begin as soon as January—unless she waives her right to a speedy trial. That could push it back well into 2027.

Michael Pope is an author and journalist who lives in Old Town Alexandria.