Should Former Virginia Governor McDonnell's Case Be Retried?

The Supreme Court vacated and remanded the convictions from former Governor Robert McDonnell's case this morning in a unanimous decision, finding that "hosting an event, meeting with other officials, or speaking with interested parties is not, standing alone, a 'decision or action' within the meaning of section 201(a)(3), even if the event, meeting, or speech is related to a pending question or matter." (see here)  In vacating the conviction and remanding it back to the district court, the Supreme Court gives the lower court an option:

1. It can find insufficient evidence under the Court's standard - then the charges get dismissed.
2. If the lower court finds sufficient evidence under the Court's standard - then the case gets reset for trial for a new jury to properly evaluate this case.

But there really is a third option here. If the lower court decides that there is sufficient evidence for a trial (which there doesn't seem to be), then the government can step in and say - enough is enough and dismiss this case. In the Supreme Court's opinion, it states - "[W]e cannot construe a criminal statute on the assumption that the Government will 'use it responsibly.'"

This is an opportunity for the government to step in and accept the Court's decision and be responsible.  And the responsible thing to do here is dismiss!

There are many criminal acts occurring in society that warrant prosecution.  Companies are in need of computer laws being enforced.  Corruption is without doubt a problem and when someone takes money for doing a specific official act, then prosecution is needed.

But being a nice guy and listening to constituents, trying to promote their businesses, and sticking to one's campaign slogan - "Bob's for Jobs" - should not be crime.

(esp)