Legal Commentary

Why Retry Rod and Robert Blagojevich? Enough is Enough

By Jeralyn

After all the hooplah, the Government convicted former Illiniois Governor Rod Blagojevich of just one count, making a false statement to the FBI in 2005 (now known as the "Martha Stewart" offense." It carries a maximum of five years in prison.

The jury did not agree on the RICO counts or the wire fraud, extortion, bribery, or related conspiracy and attempt counts. [More...]

This is not a win for the Government. It's a loss. What did this trial cost the taxpayers? Rod undoubtedly will go to prison on the false statement charge, isn't that enough of a pound of flesh?

With court approval, Rod's legal fees were paid with his campaign fund at reduced appointed counsel rates. The fund is now empty. If Rod uses court-appointed counsel for the next trial, it will come out of CJA funds. (Robert paid his own legal fees.)

No finding of guilty for Rod on:

* Racketeering (Count 1),
* Conspiracy to commit racketeering (Count 2),
* Wire fraud (Counts 3, 4, 5, 6, 7, 8,
9, 10, 11, 12, and 13),
* Attempted Extortion (Counts 14, 15, 19, and 22),
* Conspiracy to commit extortion (Counts 17 and 21),
* Bribery (Counts 16 and 20),
* Conspiracy to commit bribery (Counts 18 and 23),

No finding of guilty for Robert on:

* Wire fraud (Counts 4 )
* Conspiracy to commit extortion (Count 21),
* Attempted extortion (Count 22),
* Conspiracy to commit bribery (Count 23).

My view: Enough is enough. The Government should drop the case on Robert entirely. As to Rod, I hope he keeps fighting.

Update: Great comment on CNN. Patrick Fitzgerald said Rod's crime spree would make Abe Lincoln turn over in his grave. He couldn't even get the jurors to turn over in their seats. This is a huge loss for the Justice Department.

Before this trial, everyone assumed Rod would be found guilty. Now the playing field has been leveled. It should be far easier to find jurors without a pre-conceived notion of guilt next time around.

Full post as published by TalkLeft on August 17, 2010 (boomark / email).