Maybe Blagojevich Didn’t Do Anything Wrong After All…

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Tuesday, December 16, 2008 at 1:33 pm

The New York Times’ David Johnston has an interesting analysis today of the Blagojevich scandal, noting that prosecutors might have swooped in on the case too early — before the Illinois governor had actually done anything wrong — or at least, anything illegal.

Defense lawyers are already pointing out, Johnston reports, that there’s no evidence that Blagojevich actually received any of the money or job offers he was apparently after, and he hadn’t yet made any Senate appointment in order to get it.

Though Governor Blagojevich’s discussions of the matter, taped by the FBI, were certainly colorful, whether his actions were illegal may fall into a legal gray zone.

After all, is what he’s actually done so far all that different from politics-as-usual — in which government officials reward big-money donors with plum government jobs and political favors?

“This town is full of people who call themselves ambassadors, and all they did was pay $200,000 or $300,000 to the Republican or Democratic Party,” Washington defense lawyer Robert Bennett told Johnston.

We don’t call that criminal. But should we?

Comments

4 Comments

Eric
Comment posted December 16, 2008 @ 2:54 pm

First, it's true for a lot more than ambassadors. Second, Mr. Bennett (who is in the business of defending the indefensible) may not call that criminal, but the direct quid pro quo that Blagojevich was suggesting sure is.


Bob Fertik
Comment posted December 16, 2008 @ 4:04 pm

You've identified the biggest problem in American government at all levels: we simply do not have an adequate definition of Bribery.

Right now it's only Bribery if you take cash (William Jefferson) or in-kind home improvement services (Ted Stevens).

But what if you take campaign contributions in exchange for passing laws, leaning on bureaucrats, or arranging jobs? That's perfectly legal.

Public financing of campaigns would be helpful, but there would always be gray areas – unless we had a clear and strict definition of Bribery.


Colin
Comment posted December 17, 2008 @ 5:41 pm

How can this not be considered criminal. Isn't a plot to do something illegal, essentially punishable as well, although not to the same extent.

Right?


Vanessa J Gordon
Comment posted February 4, 2009 @ 12:26 am

Excellent, entertaining, useful reading, Thanks !!


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