By Lynn R. Mitchell
Once again the judge has struck down a request by former Governor Bob McDonnell. Reporter Frank Green with the Richmond Times-Dispatch wrote (see Judge denies McDonnell bid to remain free):
Barring further court action, former Gov. Bob McDonnell must report to prison on Feb. 9 after a federal judge today turned down his request to remain free on bond while he appeals his convictions.
In a three-page order, U.S. District Judge James R. Spencer, who sentenced McDonnell to two years in prison earlier this month, rejected the request, holding that there was no “close call” appeal question justifying bail pending appeal.
Henry W. Asbill, one of McDonnell’s lawyers, said “we’ll move for bond in the 4th Circuit (Court of Appeals) in addition to appealing the underlying convictions.”
Soon after a notice of appeal was filed in U.S. District Court in Richmond on McDonnell’s behalf concerning his 11 corruption convictions.
The former governor could face an uphill battle at the appeals court on his bond case. Andrew G. McBride, a former federal prosecutor, said judges are rarely reversed on bond and detention issues.
For many reasons, Bob McDonnell should not have to report to jail while an appeal is being filed. The judge, sadly, is piling insult on injury.