Sen. Reid called Blagojevich about Senate seat

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Sen. Reid called Blagojevich about Senate seat - 1/3/2009 1:33:41 PM

celticlord2112

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Sen. Reid called Blagojevich about Senate seat

Perhaps the shorter list will be those who did not speak with Blagojevich about filling the vacant Senate seat.

Frankly, I am beginning to doubt Blagojevich's guilt from a legal perspective. Yes, he is crass; yes, he is profane; yes, he is far too focused on self-interest. However, if he or his aides solicited no illegal quid pro quo for appointing this or that person to the Senate, if he or his aides received no such solicitation, where is the crime?

For Rahm Emmanuel and Harry Reid to have discussed the Senate appointment with Blagojevich and to have come away from those discussions with no awareness of corrupt or criminal intent by Blagojevich raises the question of whether or not there was sufficient overt action to sustain even the charge of conspiracy. Wanting a plum like HHS secretary in return for making a specific appointment is not exemplary public service, but, absent the spoken demand for said plum to someone able to deliver said plum, it is not criminal.

More importantly, absent solicitations to or from those outside of Blagojevich's employ, where's the proof of the conspiracy? If there is no proof of conspiracy, how will the Illinois Senate, in an impeachment proceeding wherein their consititutionally mandated oath is "to do justice according to law," be able to remove Blagojevich from office?

This article contains a bit more information:
Reid pressured Blagojevich not to appoint Jackson Jr. to Obama’s U.S. Senate seat

< Message edited by celticlord2112 -- 1/3/2009 1:37:15 PM >

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RE: Sen. Reid called Blagojevich about Senate seat - 1/3/2009 3:48:05 PM

Lorr47

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quote:

ORIGINAL: celticlord2112

Sen. Reid called Blagojevich about Senate seat

Perhaps the shorter list will be those who did not speak with Blagojevich about filling the vacant Senate seat.

Frankly, I am beginning to doubt Blagojevich's guilt from a legal perspective. Yes, he is crass; yes, he is profane; yes, he is far too focused on self-interest. However, if he or his aides solicited no illegal quid pro quo for appointing this or that person to the Senate, if he or his aides received no such solicitation, where is the crime?

For Rahm Emmanuel and Harry Reid to have discussed the Senate appointment with Blagojevich and to have come away from those discussions with no awareness of corrupt or criminal intent by Blagojevich raises the question of whether or not there was sufficient overt action to sustain even the charge of conspiracy. Wanting a plum like HHS secretary in return for making a specific appointment is not exemplary public service, but, absent the spoken demand for said plum to someone able to deliver said plum, it is not criminal.

More importantly, absent solicitations to or from those outside of Blagojevich's employ, where's the proof of the conspiracy? If there is no proof of conspiracy, how will the Illinois Senate, in an impeachment proceeding wherein their consititutionally mandated oath is "to do justice according to law," be able to remove Blagojevich from office?

This article contains a bit more information:
Reid pressured Blagojevich not to appoint Jackson Jr. to Obama’s U.S. Senate seat

I would agree. Has anyone stepped up to the podium and actually alleged that the governor was trying to strong arm them in regard to the appointment? ( I admit to not following this religiously.) All I have heard is a tape recording of an idiot ranting to acquaintances about how much he was going to extract as tribute in the future. If the feds felt that he would translate his rantings into action, they should have let him go on for a few more months. The way the feds handled this matter leads me to believe that they felt he was a blow hard yelling at the moon. Impeachment, yes but what is "for cause.". Criminal conviction, questionable.

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RE: Sen. Reid called Blagojevich about Senate seat - 1/3/2009 4:03:39 PM

celticlord2112

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Impeachment, yes but what is "for cause.".

I don't doubt that the Illinois House of Representatives will vote articles of impeachment on Blagojevich. I do doubt that the Illinois Senate will remove him from office. Whatever the articles of impeachment may be, the challenge of the Illinois Senate is to try the impeachment proceeding under an oath "to do justice according to law" without there being an easily demonstrable violation of a law. Fitzgerald is asking for an extension of time to indict--which can only mean the case is not yet ready, and most likely far from a slam dunk case.

The catch-22 the Illinois Legislature will find themselves confronting is that constitutionally mandated oath for Senators trying an impeachment. Lacking clear case law to clarify, it potentially opens the door to a lengthy and highly technical defense, and with the U.S. Attorney needing to withhold crucial evidence for their own criminal case, I can see it proving more expedient for Senators to vote to acquit Blagojevich, and let the voters deal with him in 2010 (the mere fact that comments are being made in the press that Blagojevich would be gone by Valentine's Day alone could be argued as irretrievably tainting the impeachment process).

One conclusion I draw from the fact that, nearly a month after Blagojevich's arrest, articles of impeachment still have not been voted by the House is that the Illinois Legislature in truth does not want to try an impeachment. Madigan, et al, gambled that Blagojevich would slink quietly away, using resignation as leverage for a favorable plea bargain with Fitzgerald. Instead, he called their bluff, and, it seems, Harry Reid's as well.

Another conclusion one can draw from this: never play poker with someone from Chicago!