UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION
UNITED STATES OF AMERICA,

v.

ROBERT F. MCDONNELL
MAUREEN G. MCDONNELL
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CRIMINAL NO. 3:14-CR-00012

JUDGE JAMES R. SPENCER




DEFENDANT ROBERT F. MCDONNELLS MOTION # 39 RENEWED MOTION
FOR JUDGMENT OF ACQUITTAL PURSUANT TO RULE 29 OF THE
FEDERAL RULES OF CRIMINAL PROCEDURE


Defendant Robert McDonnell, by and through undersigned counsel, moves the Court for
a judgment of acquittal on Counts 1-11 of the Indictment.
The Government has failed to show that Mr. McDonnell performed or promised to
perform any official act for Jonnie Williams, as required to prove Counts 1-11 of the
Indictment. The Government has not produced any evidence that would allow a jury to conclude
that Mr. McDonnell promised to exercise (or to influence others to exercise) any actual
governmental power to benefit Mr. Williams. The most the Government can show, granting it
the benefit of all reasonable inferences, is that Mr. McDonnell facilitated Mr. Williams access to
certain government decision-makers so that Mr. Williams could attempt to persuade them to his
cause. But [i]ngratiation and access . . . are not corruption. Citizens United v. Fed. Election
Commn, 558 U.S. 310, 360 (2010). For this reason, Mr. McDonnell is entitled to a judgment of
acquittal on Counts 1-11 of the Indictment.
The Government has also failed to establish federal jurisdiction for Counts 5-11, which
allege that Mr. McDonnell conspired to commit, and did commit, extortion in violation of the
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Hobbs Act, which criminalizes extortion that obstructs, delays, or affects commerce or the
movement of any article or commodity in commerce. 18 U.S.C. 1951(a). Here, the
Government has introduced only the most speculative evidence that any of the acts Mr.
McDonnell allegedly agreed to perform would have had an effect on interstate commerce. For
this additional reason, Mr. McDonnell is entitled to a judgment of acquittal on Counts 5-11.
A proposed Order is submitted herewith for the convenience of the Court.

Dated: September 18, 2014

Respectfully submitted,
/s/ Jonathan A. Berry
Henry W. Asbill (pro hac vice)
Mary Ellen Powers (pro hac vice)
Noel J. Francisco (pro hac vice)
Ryan D. Newman (pro hac vice)
James M. Burnham (pro hac vice)
Jonathan A. Berry (VSB No. 81864)
JONES DAY
51 Louisiana Avenue, N.W.
Washington, DC 20001
Telephone: (202) 879-3939
Facsimile: (202) 626-1700

John L. Brownlee (VSB No. 37358)
HOLLAND & KNIGHT LLP
800 17th Street N.W.
Suite 1100
Washington, DC 20006
Telephone: (202) 828-1854
Facsimile: (202) 955-5564

Counsel for Robert F. McDonnell
Case 3:14-cr-00012-JRS Document 509 Filed 09/18/14 Page 2 of 3 PageID# 15313




CERTIFICATE OF SERVICE

I, Jonathan A. Berry, am a member of the Bar of this Court. I hereby certify that on this
18th day of September, 2014, I caused the foregoing to be electronically filed with the Clerk of
Court using the CM/ECF system, causing it to be served on all registered users.


Dated: September 18, 2014 Respectfully submitted,
/s/ Jonathan A. Berry
Jonathan A. Berry (VSB No. 81864)
JONES DAY
51 Louisiana Avenue, N.W.
Washington, DC 20001
Telephone: (202) 879-3939
Facsimile: (202) 626-1700
Email: jberry@jonesday.com

Counsel for Robert F. McDonnell

Case 3:14-cr-00012-JRS Document 509 Filed 09/18/14 Page 3 of 3 PageID# 15314


UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
RICHMOND DIVISION
UNITED STATES OF AMERICA,

v.

ROBERT F. MCDONNELL
MAUREEN G. MCDONNELL

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CRIMINAL NO. 3:14-CR-00012

JUDGE JAMES R. SPENCER



[PROPOSED] ORDER

Upon consideration of Defendant Robert F. McDonnells Motion # 39 Renewed
Motion for Judgment of Acquittal Pursuant to Rule 29(c) of the Federal Rules of Criminal
Procedure, it is hereby
ORDERED that the Motion is GRANTED. The Court finds as follows:
There is insufficient evidence to show that Mr. McDonnell corruptly performed or
promised to perform an official act; and
There is insufficient evidence to show that any of the conduct charged to Mr.
McDonnell had a realistic probability of affecting interstate commerce.
The Court therefore ORDERS the Clerk to enter a JUDGMENT OF ACQUITTAL as
to Counts 1-11 of the Indictment for Mr. McDonnell.

IT IS SO ORDERED.

Dated:_____________________ _________________________
James R. Spencer
United States District Judge
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