Justice Was Served

Both sides, understandably, overreached. The "he's-been-punished enough-already" strategy, which was the focus of McDonnell's parade of character witnesses at Tuesday's sentencing hearing, was unconvincing. Seriously bad conduct -- such as betraying your office by taking bribes -- merits serious consequences.

That is not necessarily because it will deter others but because it expresses the significance that society attaches to offenses against the public trust.

At the same time, the government's arguments for a lengthy sentence fail to take account of the complex facts underlying McDonnell's conviction and the blurred line, especially in Virginia, between lavish gifts from a supporter and bribery.

Spencer, in upholding McDonnell's conviction, correctly found that there was ample evidence that the governor sought to use his office to influence government decisions on behalf of Jonnie Williams, who showered him with more than $100,000 in gifts and loans.

"McDonnell did more than just provide access to Williams; he directed his employees to take action on research and studies for [nutritional supplement] Anatabloc," Spencer wrote. "And he did so corruptly."

Yes, but some context is in order here, on both quid and quo.

This is not a congressman caught with blocks of cash in his freezer (former Rep. William Jefferson was sentenced to 13 years) or, to bring the matter closer to home, the Virginia state delegate sentenced to 9 1/2 years for procuring a $500,000 grant for a state university in exchange for a job there.

Virginia's gift laws, pre-McDonnell indictment, were notoriously lax. McDonnell's actions on Williams' behalf were neither so extensive nor so different from the favors politicians routinely perform for supporters and constituents. That does not negate the criminality that occurs when quid and quo coincide. But it ought to mitigate the severity of the sentence.

In court Tuesday, McDonnell described himself as a "heartbroken and humbled man." I was starting to feel sorry for him, until this: "I ask that whatever mercy you might have, you grant it first to my wife, Maureen."

A bit hard to take, given McDonnell's "it-was-all-her-fault" defense and that he could have spared them her entirely by taking prosecutors' one-felony plea offer.

Spencer, more judicious than I, didn't react quite so strongly. His sentence was wise, and justified.

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Ruth Marcus' email address is ruthmarcus@washpost.com.