Category Archives: Crime and corrections

Brat’s Strange Immigrant-Bashing

BratBy Peter Galuszka

It must have been an interesting scene. Congressional candidate David Brat had been invited to a meeting of the Virginia Hispanic Chamber of Commerce along with his Democratic rival Jack Trammell to outline his views on immigration and undocumented aliens.

Brat, an obscure economics professor who nailed powerhouse Eric Cantor in a Republican primary for the 7th Congressional District in June, danced around the topic, according to a news account.

It took several attempts to get him off his spiel on just how wonderful free market capitalism is to actually address the issue at hand. Before him were a couple dozen business executives, many of them Hispanic.

They, naturally, were interested in Brat’s views because of his over-the-top Latino-baiting during the primary campaign. One of Brat’s ads trumpeted: “There are 20 million Americans who can’t find a full time job. But Eric Cantor wants to give corporations another 20 million foreign workers to hire instead.”

Finally, Brat claimed, “I have never said I’m against legal immigration.” He later said, “nations that function under the rule of law do well.” Brat also said he wants to “secure” the U.S. border with Mexico. Trammell said he supports the DREAM Act that could provide a path to U.S. citizenship for some of the 11 million undocumented aliens in this country.

Brat’s immigrant-baiting and his “rule of law” smacks of a lot of ugliness in American history. “Know–Nothings” of white Anglo Saxons beat and harassed Catholic immigrants, primarily from Ireland. Chinese were harassed on the West Coast and Japanese-Americans were locked up in concentration camps during World War II. Jewish newcomers were met with restrictive covenants and college quotas.

In Richmond during the 1920s, efforts by Catholic Italian-Americans to build a monument to Christopher Columbus were fought by the Ku Klux Klan, which insisted that any such statue not dirty-up Monument Avenue and its parade of Confederate generals. Columbus had to go elsewhere in the city.

There’s a new twist and judging from Brat’s behavior on Tuesday. He seems uneasy by getting so out front on immigrant-bashing. He’s not the only Republican to take such strident stands. Look at New Hampshire, where Scott P. Brown, a Republican, faces Jeanne Shaheen, a Democrat, in a closely-watched race for the U.S. Senate.

Groups backing Brown, such as John Bolton, the surly former U.S. Ambassador to the United Nations, have run anti-Shaheen ads showing throngs of people clambering over a border just before showing Islamic militants beheading James Foley, a journalist and New Hampshire native, according to the New York Times. The ad was pulled after the Foley family complained, the Times says.

A major coincidence is that the Times‘ description of New Hampshire almost matches that of Virginia’s 7th Congressional District. Neither seems a hot bed of immigrant strife and threats.

The Granite State has one of the smallest populations of illegal immigrants in the country, the Times says. Of the state’s 1.3 million residents, only 5 percent are foreign-born and 3 percent are Hispanic.

The Virginia district has a population of 757,917 of whom 12.7 percent are foreign born and 4.9 percent are Hispanic. Most of the residents, 74.3 percent are white.

The district runs from the largely white and well-off western Richmond suburbs in Henrico and Chesterfield Counties and scoots northwest across mostly rural farmland to east of Charlottesville and up to Madison. With only 7.6 percent of the people living below the poverty level, it isn’t exactly a barrio of Los Angeles.

It is hard to imagine hordes of brown-skinned people swarming from up Mexico or Central America displacing the managerial executives, small business people and farmers in the Seventh. People that Brat seems to be worried about are employed in other nearby areas, such as the poultry plants of the Shenandoah Valley. But those workers are there because of local labor shortages. One wonders where Brat gets his ideas that illegal immigrants are going to steal true-blue American jobs in his district.

Last June during the primary, there was plenty of news about thousands of young Hispanic children coming across the southern border from Central America. At the time, there were estimates that up to 90,000 such children might come illegally into the U.S. this year. Many are fleeing gang violence in their homelands.

This is apparently what Brat is running against – a bunch of poor, 12-year-old Nicaraguans out to steal jobs and provide cover for Islamic terrorists. Their plight is a serious issue, but it is a humanitarian one. Brat chose to make it an odd classroom lesson in economics. He says the U.S. should not put up “green lights” and “incentivizing children from other countries to come here illegally and at their own peril.”

The news from the border seems to have calmed down since June. Brat may have found that now it is likely he’s going to Washington, playing the Hispanic-baiting card may not work as well on the national scene as it apparently did in his mostly-white district. It could be why he was hemming and hawing so much before the Virginia Hispanic Chamber of Commerce.

Illegal immigrant Ayn Rand

Illegal immigrant Ayn Rand

Perhaps other Republican politicians are having the same epiphany. As the New York Times writes: “Republicans have long relied on illegal immigration to rally the conservative base, even if the threat seemed more theoretical than tangible in most of the country. But in several of this year’s midterm Senate campaigns — including Arkansas and Kansas, as well as New Hampshire — Republicans’ stance on immigration is posing difficult questions about what the party wants to be in the longer term.”

There’s another strange contradiction with Brat. He’s a former divinity student interested in probing how unfettered free market capitalism can magically make the right choices for the betterment of mankind.

He draws a lot of his thinking from Ayn Rand, the famous thinker, refugee from the Bolsheviks and backer of her own brand of anti-government capitalism.

It may interest Brat that by today’s standards, Rand would have been an illegal immigrant.

When Big Data Turns Bad

Big Brother is listening

Big Brother is listening

How the heck did this happen? From Wired magazine: Five police agencies in Hampton Roads have been compiling a massive database of telephone records under the aegis of the Hampton Roads Telephone Analysis Sharing Network. The localities include Hampton, Newport News, Norfolk, Chesapeake and Suffolk. Writes Wired:

The effort is being led in part by the Peninsula Narcotics Enforcement Task Force, which is responsible for a “telephone analysis room” in the city of Hampton, where the database is maintained.

The unusual and secretive database contains telecom customer subscriber information; records about individual phone calls, such as the numbers dialed, the time the calls were made and their duration; as well as the contents of seized mobile devices. The information is collected and shared among police agencies to enhance analysis and law enforcement intelligence.

Rob Poggenklass, a staff attorney at the American Civil Liberties Union of Virginia said:

The database runs afoul of a privacy law in Virginia known as the Government Data Collection and Dissemination Practices Act, designed to curb the overcollection and misuse of digital personal information by state and local agencies.

He points to an interpretation of that law issued last year by Virginia’s attorney general in reference to controversial automated license-plate readers that police departments nationwide have adopted enthusiastically in recent years.

Maybe there’s an innocent explanation for this. Maybe it marks a scary expansion of police power. One way or the other, we need a full airing of what’s going on.

–JAB

Student Victimization… Down, Down, Down

victimization

The phenomenon of students arrested for school offenses in Henrico County (addressed in a recent post, “Spotlighting the Wrong Victims“) is national in scope. Nationally, 260,000 students were reported to law enforcement by schools in 2012, according to an article in today’s Wall Street Journal.

As in Henrico County, there are concerns that African-American students are arrested at disproportionately higher rates than white students. But there are a myriad of other issues, such as the arrest of students under “zero tolerance” policies for trivial offenses, such as a chemistry experiment gone bad (“discharging a destructive device”) or unwittingly carrying a pen knife to school.

Noted but downplayed in the article is another startling fact. Since the implementation of zero-tolerance policies in the 1990s, the rate of victimization per 1,000 students aged 12-18 fell from 181 to 52 between 1994 and 2012. Supporters of zero-tolerance policies cite those numbers as evidence that the school-yard version of the “broken windows” approach to crime — cracking down on minor offenses before they give rise to more serious ones — has been effective.

Invariably, zero-tolerance policies lead to some absurd actions. We’ve all heard the horror stories of kids suspended from school for bringing toy guns to school, drawing pictures of guns or even making pretend guns with their fingers. Undoubtedly, some kids are punished unfairly. As we all know, the criminal justice system isn’t perfect. But cutting school crimes by more than two-thirds over twenty years is no mean achievement. For every child suspended or arrested for a ludicrous offense, literally hundreds fewer children are victimized by their peers.

While the students receiving the harsh sanctions of suspension or arrest are disproportionately African-American, there is evidence in the Henrico County numbers that the victims of their misdeeds are African-American as well. Last year, 84% of the African-American kids arrested for school offenses attended Henrico, Highland Springs or Varina High Schools, all of which have overwhelmingly black enrollment. There is no way to avoid the conclusion that the victims of disruptive behavior — whether assault, theft or the interruption of teaching in the classroom — were black as well.

That’s not to say that the existing system can’t be improved upon. I’m sure it can. But let’s not go overboard in correcting perceived excesses. The last thing we want is for schools to return to the “blackboard jungle” days of yore. Every kid deserves a chance to get an education from from the disruption and intimidation of their peers.

– JAB

Et Tu, McAuliffe?

mcauliffeBy Peter Galuszka

Sure, parents want to help their children but in the case of former State Sen. Phillip Puckett, it is getting ridiculous.

And the latest disclosure in this morning’s Washington Post makes the Terry McAuliffe administration look just as sleazy as their Republican counterparts.

Puckett, of course was a Democratic senator who held a key vote when McAuliffe, also a Democrat, was desperately trying to get past a GOP road block in the General Assembly to somehow expand Medicaid health coverage to some of the 40,000 low income people who might be eligible.

GOPers knew that Puckett’s daughter, Martha Puckett Ketron, wanted a job as a District Court judge but could not be appointed as long as she had a relative in the Senate. So, they pitched a deal where Puckett would resign on the eve of the key Medicaid vote, throwing the decision the Republican way.

In exchange, Puckett might get a six figure job with the infamous Virginia Tobacco Indemnification and Community Revitalization Commission, thanks, in part to the influence of the powerful Terry and Jerry Kilgore brothers. That would clear the way for Puckett’s daughter’s judgeship.

It all came out and the FBI is probing.

Now, it turns out that, Paul Reagan, McAuliffe’s chief of staff, left a curious voice mail on Puckett’s phone on the eve of the vote. It suggested that Puckett’s daughter could get some kind of high profile state job if he stayed in the Senate and voted McAuliffe’s way.

So much for McAuliffe taking the high ground on ethics reform following the spectacular corruption conviction of former Gov. Robert F. McDonnell.

Do-Gooders Doing Bad

by James A. Bacon

In a recent post, “Spotlighting the Wrong Victims,” I questioned the premise that “disparities” in arrests and suspensions of Henrico County students for school offenses represented some form of racial injustice. John Butcher, author of CrankysBlog, sheds further light on the issue. Read this post as a footnote to the original.

First, John notes, Henrico County has been reporting fewer disciplinary incidents each year for its high schools, as reflected by the number of individual offenders as a percentage of the school population:

Henrico_offenders

What’s noteworthy here is that the most dramatic declines occurred at Henrico’s predominantly black high schools. On the surface, the trend looks highly positive. Fewer students are experiencing disciplinary issues. Perhaps Henrico County’s new politically correct approach to handling problems, put into place at the instigation of the ACLU and U.S. Justice Department, is working!

Alternatively, perhaps school administrators aren’t recording incidents they once would have. Perhaps they’re hiding the problem and, by hiding it, failing to deal with it — a very bad thing. We can’t tell from this data. But we need to know.

Next, John took the offense data from each school and graphed it in relationship to (1) the percentage of black students and (2) the percentage of economically disadvantaged children.

offense_frequency

The correlation between the percentage of children experiencing a disciplinary offense and the percentage of blacks in a high school was very high — an r² of 0.907. But the correlation with the percentage of economically disadvantaged students was even higher — an r² of .9619, which is extraordinarily high. As John observes, “Correlation is NOT causation but at least this is consistent with the notion [that] the root of the disorder is economic status, not race.”

Bacon’s bottom line: Do-gooders who attribute the high rates of arrest and suspensions among black Henrico County students to prejudice, discrimination or institutional bias are fanning the flames of racial resentment with little basis in fact. I’m not stating that discrimination doesn’t exist but I am saying that the do-gooders have not presented meaningful evidence that it does.

As an alternative explanation, I hypothesize that the critical variables affecting the likelihood that a student will be arrested or suspended from Henrico County schools are sociological. Students classified as “economically disadvantaged” are far more likely than other students to come from dysfunctional families where the biological father is absent, where there are substance abuse issues, where there are domestic violence issues, where adolescents are more subject to the peer pressure of “the street,” and, in sum, where adolescents, especially boys, do not learn the rules of behavior required for a school setting.

Poor discipline in school is not a race issue. It’s a class issue. By making it a race issue, I would argue, the do-gooders are distracting school administrators from dealing with the real problems.

Here’s a prediction. Henrico’s politically correct response to the “racial disparity” controversy will undermine administrators’ efforts to maintain school discipline. Actual discipline will suffer, even if not reflected in the reported statistics. Deteriorating discipline will negatively impact classroom teaching conditions, mainly in schools where the discipline problems are concentrated. Standard of Learning (SOL) scores will suffer. Disadvantaged black students who abide by the rules will suffer the most.

Good Luck With McAuliffe’s Ethics Panel

Image: Verdict Reached In Corruption Trial Of Former Virginia Governor McDonnell And His WifeBy Peter Galuszka

Despite the obvious need, Virginia still has done very little to address its monumental problems with ethics reform. The latest endeavor was announced yesterday by Gov. Terry McAuliffe, but it seems too much like just another panel.

And panel it is. McAuliffe has created the 10-member Commission to Ensure Integrity and Public Confidence in State Government. The good news is that it is bipartisan and seems filled with reasonable people, including Christopher Howard, president of Hampden-Sydney College and Sharon Bulova, chairwoman of the Fairfax County Board of Supervisors.

Leading it will be for Lt .Gov. Bill Bolling, a Republican who has shown good sense in recent years and got screwed over by party hardliners who maneuvered to get former Atty. Gen. Kenneth Cuccinelli, a wild man, to run and lose in the 2013 governor’s race. His Democratic counterpart will be Rick Boucher, a former legislator from southwest Virginia.

The plan is to present a package of reforms that will deal with gift-giving and donations to politicians, and redistricting, or possibly redesigning some districts away from the madness that some, and mostly Republican legislators have created.

The impetus, naturally, is the first-ever conviction of a governor for corruption. Three weeks ago, a federal jury gave a resounding “guilty” on felony charges against Robert F. McDonnell and his wife Maureen. The U.S. Justice Department stepped in because Virginia’s state ethics laws were so ridiculously lax no one could ever have made the case. There had been lots of “gee, I don’t see a smoking gun” jabber on this blog and elsewhere, but, hey, why not poll the jury?

Just as the McDonnells were being indicted last January, the 2014 General Assembly considered ethics reform but did squat. It made accepting more than $250 in gifts verboten and expanded disclosure requirements to immediate family but the Republican-led led legislature left in a pile of loopholes. “Intangible” gifts, such as African safaris or trips to the Masters golf tournament are A-OK.

What’s needed is a real ethics commission with subpoena power. McAuliffe’s action was quickly derided by such leading lights of ethics reform as House Speaker Bill Howell and Senate Majority Leader Thomas K. Norment. These two Ayatollahs of the Status Quo claimed that McAuliffe was a “latecomer” to an issue that they obviously have done nothing to improve despite their many years in office.

GOP Party Boss Pat Mullins took an irrelevant swipe at McAuliffe’s perceived ethics problems long before he was even governor.

Redistricting is just as important as ethics and I’m glad it is being addressed. Many Virginia districts have been gerrymandered to keep a particular party in office in ways that  protect the status quo and prevent change. Of 100 House of Delegates races in 2013, “only 12 to 14 were competitive,” notes Leigh Middleditch Jr., a Charlottesville lawyer and a founder of the Sorenson Institute for Political Leadership at the University of Virginia, told me earlier this year.

Stephen Farnsworth, a political analyst at the University of Mary Washington, has studied gerrymandering for years and believes it negates general elections in favor of party primaries where a handful of hard right radicals can dominate.

This is especially true in some rural districts where tiny cadres of activists, again mostly Republicans, dominate the picks for primaries. It doesn’t matter what the general public thinks or wants. A narrow minority worms its way in power and becomes beholden not necessarily to the party overall, but a little slice of it.

That is why so little gets done.

The very fact that leaders like Howell and Norment are in place and the primary system will make McAuliffe’s efforts very difficult. One wonders if you could go outside the diseased legislative system and forced change through the courts.

It worked before against such Virginia travesties as Massive Resistance. Something to consider.

Tobacco Commission Needs Huge Makeover

tobacco leafBy Peter Galuszka

One more glaring example of mass corruption in Virginia is the grandly named Virginia Tobacco Indemnification and Community Revitalization Commission formed 14 years ago to dole out Virginia’s share of a $206 billion settlement among 45 other states with cigarette makers.

I’ve been writing for years about how millions of dollars are doled out with little oversight to economic development projects supposedly helpful to the former tobacco-growing parts of the state from the bright leaf belt around Dinwiddie out west to the burley leaf land of the mountains.

There have been no-strings giveaways to absentee tobacco quota holders, a board member sent to prison for siphoning off grant money and the shenanigans of the extended Kilgore family which is very politically powerful in those parts. The commission even figured in the McDonnell corruption trial starring the former and now convicted governor and back-slapping witnesses for the prosecution, entrepreneur and tobacco-believer Jonnie R. Williams Sr.

I revisit the issue in Sunday’s Washington Post and I ask the obvious question of why no one seems to watching the commission. I raise broader ones, too, such as why the commission  serves only people in the tobacco belt. That doesn’t seem fair since the Attorney General’s office represented all of the state in the 1998 Master Settlement Agreement against four major tobacco firms. People in Hampton Roads, Arlington, Onancock and Winchester should be benefit but get nothing from the settlement. They didn’t  because tobacco road legislators pulled a fast one back in 1999 when they set things up.

There needs to be a thorough disassembling of the commission’s current governance structure with many more people far from Tobacco Road included. There’s far too much family and friend back-scratching as it is. It is like watching a vintage episode of the Andy Griffith show but it really isn’t funny.

(Hat tip to James A. Bacon Jr. who spotted the commission as a great story back in the year 2000 when he was publisher of Virginia Business).

So, please read on.

Richmond’s Tech Star in Kickback Scheme?

HDL LogoBy Peter Galuszka

Critics of the American healthcare system have long cited hidden charges as one reason why costs are so high and why reform is needed.

So, it is disturbing to read a report on the front page of today’s Wall Street Journal that Health Diagnostic Laboratory, arguably the most successful of the biotechnology firms to come out of a much-touted research park in Richmond, is implicated in a possible scheme to pay kickbacks to doctors who use its blood testing services.

The Journal reports:

Until late June, HDL paid $20 per blood sample to most doctors ordering its tests — more than other labs paid. For some physician practices, payments totaled several thousand dollars a week, says a former company employee.

HDL says it stopped those payments after a Special Fraud Alert on June 25 from the Department of Health and Human Services, which warned that such remittances presented “substantial risk of fraud and abuse under the anti-kickback statute.

HDL Chief Executive Tonya Mallory told the Journal that her firm “rejects any assertion” that the company grew as fast as it did “as a result of anything other than proper business practices.”

Meanwhile, HDL has sent Bacon Rebellion this updated response.

Others say that paying doctors fees sets up the chances for fraud, especially in Medicare, one of HDL’s biggest markets, the Journal reports. Other testing firms, the Journal reports, pay doctors nothing for using their services.

This is bad news for what was Richmond’s Poster Child of successful high tech startups after years of flops at the Virginia Biotechnology Research Park. Founded in 2008 under Mallory’s leadership, HDL zipped up to $383 million in revenues with 41 percent of that coming from Medicare,” the Journal says.

Much of the issue seems to be related to how accurately and fairly to define what is merely drawing a patient’s blood and how much goes for “P&H” or processing and handling. A problem is that Medicare doesn’t pay any more than $3 for merely drawing blood. HDL has estimated that the “P&H” part is worth about $17. The firm claims it has special proprietary methods that give it an edge.

According to Virginia Business magazine, which named Mallory its person of the year last year:

Mallory, 48, founded HDL in the summer of 2009. Since then, it has grown from a kitchen-table business plan to a corporation earning more than $420 million in annual revenue, employing 750 people, processing 4,000 lab samples and running more than 60,000 lab tests each day. HDL has driven near constant construction at its home in downtown Richmond’s Virginia BioTechnology Research Park, where a $68.5 million expansion soon will triple the company’s footprint to 280,000 square feet.

Last year Mallory received the Ernst & Young National Entrepreneur of the Year award in the Emerging Company category. One of the country’s most prestigious business awards for entrepreneurs, it recognizes leaders who demonstrate innovation, financial success and personal commitment as they build their businesses.

The Journal, however, quotes several disgruntled employees and notes that Mallory had worked for a California firm called “Berkeley Heart Lab Inc,.” which began using tests called “biomarkers” which can predict future health problems by analyzing blood.

Mallory, who was raised in Hanover County and attended Virginia Commonwealth University, was senior lab-operations manager at Berkeley until she left for Richmond in 2008, the Journal says. Two Berkeley sales executives went with her and formed a company that ended up marketing HDL’s products.
Berkeley sued HDL, accusing it of stealing its business. HDL denied the allegations. HDL settled one case for $7 million, the Journal says, but other cases are pending.

Guilty!

So, the jury has convicted Bob McDonnell of 11 of 13 counts and Maureen of nine.

I’m stunned. The prosecution presented no evidence of quid pro quo, and evidence of a conspiracy struck me as weak and circumstantial. But I didn’t attend the trial, I didn’t hear the full testimony, and I didn’t get to appraise the veracity of the witnesses. I can’t help but wonder how much the judge’s instructions to the jury influenced the outcome but I’ll accept the fact that the jury reached the proper verdict.

While I did not regard the McDonnells’ behavior as illegal, I did view it as deplorable. Perhaps jurors were making a statement that they’re sick and tired of the way the political system works, and they’re not going to take it any more. Regardless, it can’t hurt to send a harsh message to the political class.

To borrow a phrase from Henry Howell, a populist Virginia politician of yore, “Keep the big boys honest.” Let’s follow up by fighting for greater transparency and tighter conflict-of-interest rules.

– JAB

A Confederacy of Cynics

But Maureen gave them back

But Maureen gave them back

By Peter Galuszka

It was an odd scene. The first floor security point at Richmond’s federal court was filled with spiffy, middle aged blonde women all chattering loudly as the grandfatherly guards tried to herd them through. Some had so much bling, they had to go through the metal detector three times after removing yet another trinket or belt or watch or bit of jewelry. Normally, the line would be the usual mob of family, reporters, sketch artists and stray onlookers.

On the  corridor outside the seventh floor trial room, it might have been cocktail hour at the Republican Governor’s Association. The same pack of blondes was there. Many had large handbags stuffed with big pillows for their day on the hard wooden seats. Hugs and kisses everywhere. One man was especially natty in a Navy blue blazer, open necked striped dress shirt and a year-round tan. Palm Beach, anyone?

A younger woman kept bumping into people amidst the din as we all waited to be let in the courtroom. She sported a thin Louis Vuitton handbag. Then it struck. This is Maureen McDonnell’s cheering section for closing arguments that lasted from morning until early evening on Friday. That designer name, along with Oscar de la Renta, seems to have been her favorites when she pushed businessman Jonnie Williams to take her on shopping sprees or send her things.

After the Virginia State Police called in for an interview in February 2013, she packed up the goodies and sent them back to Jonnie. In some cases, these were items she had received two years before. Suddenly Maureen wanted to give them to “charity” or to one of the Williams’ daughters.

And that — the curious timing of scores of seemingly unrelated events over a period of more than two years from 2010 to 2013 — is what the seven men and five women jury must decide this coming Tuesday.

The point isn’t the gaucheness of the designer label stuff. Ms. McDonnell wasn’t a public servant and normally could accept whatever she wanted from Williams or anyone else. If it were stock, her husband, the former governor, would have to report it on his annual Statement of Economic Impact form. One year, Ms. McDonnell sold her stock in Williams’ company Star Scientific before the reporting deadline only to repurchase it the next year. The conclusion seems obvious, but draw your own.

It’s these kinds of coincidences that really do add up, argued David Harbach, a deputy at the public integrity section of the U.S. Department of Justice, who set up a powerful case against the McDonnells by connecting the evidentiary dots. Jonnie meets with the couple, the inaugural dress comes up and is dismissed by the governor’s staff but Maureen gets a Williams spending spree in New York as a consolation prize.

Or take the Bob McDonnell. He’s setting up meetings for Williams to break free possible research on his product by top state schools just as he is mulling of terms for a $50,000 loan from Williams (his staff is kept in the dark about how much he is in hock to JW, a self-styled “Southern Boy”). The pattern seems rather obvious after five weeks of mucking through a swamp of often confusing evidence. An email comes in, a deal with Jonnie for something personal is struck, a check arrives, an email is sent, and a luncheon at the Executive Mansion or some other event featuring the Governor or the First Lady or both pushing Anatabloc, Williams’ anti-inflammatory nutraceutical, is scheduled.

“He wrapped himself up in the flag of the Commonwealth and stomped on it,” Harbach told the jury. “This is not how governors behave. Don’t stand on the coattails of Thomas Jefferson and Patrick Henry. Don’t let them do this.”

For the jury to do just that, it will have to weigh a key point of law. This is how far the idea of “honest services” goes with the wire fraud counts. It basically means that it is a crime if public officials deny their honest services to their citizens by accepting bribes or become involved in a conflict of interest. Prosecutors argued there doesn’t have to be a clear quid pro quo, something defense attorneys William Burck and Henry Asbill hammered against for hours. Honest services fraud has been used to nail former Alabama Gov. Don Siegelman, former U.S. Congress (and top Navy pilot in Vietnam) Duke Cunningham and former Illinois Gov. Rod Blagojevich.

The Supreme Court has moved to define more narrowly how “honest services” can be defined but it still is on the books. A crucial turn in the drama will come Tuesday, when U.S. District Judge James R. Spencer gives his extensive instructions to the jury. His definition of “honest services” will be an important part of that. Meanwhile, if you demand a “smoking gun” (whatever that is supposed to mean), I suggest you get back to watching Perry Mason reruns.

The defense spent a lot of time bringing up the McDonnells’ troubled marriage and financial debt. This is sad, tough stuff to go through day after day. And it is easy for anyone to be drawn into pangs of sympathy for hyper-anxious, lonely Maureen or serious, well-meaning Bob, “Boy Scout of the Year,” according to one friendly witness.

Contrasting that, of course, is the greedy, scheming Maureen (a “nutbag,” according to a staffer) and a self-absorbed, double-dealing Bob who should have known what is right and wrong for a public official to do. Conversely, he also would know how to hide stuff on his disclosure forms. We tend to forget that he was state attorney general not that long ago.

The creepiest part of all of this is how slyly the defense has humiliated Maureen as part of the “throw her under the bus” strategy. Yet she is going along with it, as her husband of 38 years. In doing so, the McDonnells are doing an amazing thing. They are actually beating Jonnie Williams on the cynicism scale and even the prosecution says he’s a criminal. No doubt about it.

I agree with the prosecution that Bob is a phony. On the stand, he was by turns humble and scolding. He casts himself as a public servant so pure of heart that it was almost a joke to listen to. He was always “accepting responsibility.” But he was always blaming someone else. Maureen, of course. His former brother-in-law screwed up the books at the troubled beach houses. He didn’t report a few golf outings on Jonnie’s tab at the posh Kinloch club in Goochland County because his staff screwed it up.

“This is a sad case, “Michael Dry, a prosecutor, told the jury Friday. “It is sad for the McDonnell family and sad for the state of Virginia.”