Legal Hurdle in Blagojevich Case: A Crime, or Just Talk?

[Chiefofland]

By DAVID JOHNSTON
Published: December 15, 2008
New York Times

When Patrick J. Fitzgerald, the United States attorney in Chicago, announced the arrest of the Illinois governor, Rod R. Blagojevich, Mr. Fitzgerald said he had acted to halt a political crime spree that included what he called an “appalling” effort to sell off the Senate seat vacated by President-elect Barack Obama.

But now some lawyers are beginning to suggest that the juiciest part of the case against Mr. Blagojevich, the part involving the Senate seat, may be less than airtight. There is no evidence, at least none that has been disclosed, that the governor actually received anything of value — and the Senate appointment has yet to be made.

Ever since the country’s founding, prosecutors, defense lawyers and juries have been trying to define the difference between criminality and political deal-making. They have never established a clear-cut line between the offensive and the illegal, and the hours of wiretapped conversations involving Mr. Blagojevich, filled with crass, profane talk about benefiting from the Senate vacancy, may fall into a legal gray area.

More: http://www.nytimes.com/2008/12/16/us/politics/16legal.html?_r=1&hp

[cstanleytech]

1. I have to say I agree with this article, based entirely on what I've seen

and heard so far the case is extremely weak, course maybe they have something truly solid to prove their case that will come out but if so their keeping awfully quiet about it.

[acmavm]

2. Who knows? Maybe it'll be a typical Fitz extravaganza where he makes

a lot of noise, talks a lot of talk, and ends up with with small fish to fry.

Not saying Libby was all that 'small'. He just wasn't the ringleader. Nor did he do the most damage.

That Plame investigation was a hugely expensive joke.