Why Blagojevich Might Be Acquitted »

With regard to the claims of crime that Patrick Fitzgerald spoke of in his press conference, and only with regard to those matters, don't be utterly shocked if ultimately Blagojevich is acquitted on those particular claims. Maybe Fitzgerald can make a conspiracy to commit those crimes stick, but, on the other hand, maybe even conspiracy charges will lose....

Involved here is a question which I have so far not seen mentioned or discussed anywhere, with the exception of one article in the NYT. (Have I missed such discussions?) Isn't it true that politicians at every level -- local, state, national and, we have been finding out, international -- trade office for money every day, literally every day? For scores of years it has been a standing farce that ambassadorships are in effect sold to the rich for campaign contributions. Membership on state boards or commissions is traded for campaign contributions. It has for many decades been a standing practice for politicians to cast their votes in Congress in favor of positions desired by industries that give them money for their campaigns. (Elizabeth Warren tells a remarkable story about Saint Hillary and the banking industry in this regard.) Some Senators have been bought, paid for and owned by particular companies or industries. Wasn't a guy named Nelson Aldrich known as the Senator from the New York Central 110 years ago? Was Robert Kerr, as a Senator, anti the oil industry in which he was a very wealthy man? Perhaps you've heard of Kerr Magee -- wasn't that his company if I'm not mistaken? Why did Billy Tauzin land a multimillion dollar per year job when he left Congress? Why do lobbyists raise millions for politicians? And has everyone forgotten about the Lincoln Bedroom business in the Clinton Administration? What was the Lincoln Bedroom business all about, if not all-important access and proximity in return for campaign money.

... As near as I can see, all or nearly all that Fitzgerald seems to have given us to date are quotations and paraphrases of Blagojevich and company planning to do what all or nearly all American politicians -- crooks, the lot of 'em -- have been doing for scores of years. They've caught Blagojevich discussing what should be received in return for a political favor, here the favor of appointment to the Senate. So, if this case goes to a trial, don't be surprised to see a parade of defense witnesses, who are highly knowledgeable about history and current practice, who will say that what Blagojevich was caught doing is simply typical of how politics has been practiced in this country since at least the Gilded Age, if not the Age of Jackson. A trial, if there is one, thus has the potential to blow up the American political system. It is impossible to see how the pols can let a trial take place. It is equally impossible to see how they can stop one unless Blagojevich decides to cop a plea in return for a very light sentence and avoidance of any risk of a severe sentence. (And in return for a large under the table payment from pols? Or is this joke only a joke?)

Given that the crookedness Blagojevich is accused of has been an everyday matter in American politics for scores upon scores of years, why did Fitzgerald bring a case?....

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