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.
On Friday, the day after the meeting, McDonnell’s attorneys were told that the decision would be put on hold, the people said. A final decision about whether to press charges is now not expected before Jan. 2 and could come as late as February, they said.
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