Dana J. Boente, the U.S. attorney for the Eastern District of Virginia, told the McDonnells’ legal teams that he planned to ask a grand jury to return an indictment no later than this past Monday, people familiar with the conversations said.
McDonnell (R) and his wife, Maureen, would have been charged with working together to illegally promote a struggling dietary-supplement company in exchange for gifts and loans from its chief executive, the people said.
The plan to seek the felony charges this week changed, however, after attorneys for the state’s first couple met with Deputy Attorney General James M. Cole on Dec. 12.
The attorneys argued that the governor had done nothing improper to assist businessman Jonnie R. Williams Sr. In particular, they focused on the credibility of a key witness, said a person familiar with the presentation. They also argued that if prosecutors proceeded with charges, they should wait until after McDonnell left office Jan. 11 to allow a smooth transition of power to Gov.-elect Terry McAuliffe (D).
Some element of the lawyers’ arguments apparently persuaded the Justice Department to delay, according to people with knowledge of the case. The people spoke on the condition of anonymity because of the sensitivity of the case.
