Correct, the important distinction with the Marshall donation is that these are federal COVID dollars and not State dollars. There is not much more the Legislature can do about this other than impeach Justice, and that ain't gonna happen.
Justice claims he could use these federal dollars to reimburse the State for COVID expenses already incurred in the WV Dept. of Corrections and Rehabilitation. That is probably correct. But rather than sending the dollars directly to the WV Dept. of Corrections and Rehabilitation, he sent them to his gubernatorial slush fund account, where they remain less his $10 million gift to Marshall. Counsel for Justice says this was all legal based on advice received from the accounting/consulting firm BDO.
Senator Tarr says his Finance Committee will send a letter to the U.S. Treasury Office of Inspector General requesting a review of Justice's handling of these COVID funds. Effectively, this will be in the feds hands now. I guess theoretically the U.S. Treasury could require the State of WV to repay these COVID funds at some point in the future if (and I say IF) they are determined to have been mishandled by Justice, but I doubt that would stop the ballpark project. Or we may never hear another word about this.