Life After Blago
Reading the headline that Rod Blagojeivch was convicted on one count of making false statements to FBI investigators, when the other 23 counts were left dangling by a hung jury, made me proud not to be an expert in criminal law. Juries have to convict by unanimous vote. Lone holdouts are usually pummeled into submission, but evidently not this time. The odds of getting two hung juries is low. The odds of getting an acquittal the next time round are lower still, if there is such a time. Clearly something had to be wrong with the prosecution given that Blago did not try to raise any real defense of his own. And it is most uneasy to see that the only conviction was on a strictly derivative offense, of not responding to an investigation truthfully, which can be said of many people (think Martha Stewart) who get panicky when approached.
My own take is that if the one sentence is for five or so years, then let the rest of the case die, and learn that in some cases prosecutorial overkill hurts no one but the prosecutor.
Perhaps from this moment forward I shall take a vow of silence on this case. There are some real issues about the future of the country from which this whole episode is a somewhat seedy diversion.
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Jul '10
Re: Life After Blago
Am I the only one who is uneasy about the concept that "lying to a Federal officer" is a criminal offense?
Jul '10
Re: Life After Blago
What if this was a case of jury nullification by someone the Chicago machine got to. Okay, it could never happen and I should be investigated by Nancy after she finds out who's behind the mosque opposition.
Re: Life After Blago
No, Kenneth, you're not alone. I think it's a bad concept, too. Why shouldn't you be able to lie to anyone -- as long as you're not under oath? Otherwise, it really does seem like some kind of prosecutorial mousetrap -- "We can't get you for actually doing anything, but we can get you for lying while we were investigating you for doing something that we can't get you for."
Jul '10
Re: Life After Blago
Rob Long
No, Kenneth, you're not alone. I think it's a bad concept, too. Why shouldn't you be able to lie to anyone -- as long as you're not under oath? Otherwise, it really does seem like some kind of prosecutorial mousetrap -- "We can't get you for actually doing anything, but we can get you for lying while we were investigating you for doing something that we can't get you for." · Aug 18 at 8:43am
Is FLOTUS a Federal officer?
FLOTUS: "Barack, do you think this dress makes my behind look too big?"
POTUS: "Um, uh...well, um..."
Re: Life After Blago
I hated it when Martha got convicted of this too.
I was rooting for Rod. The trial that took away his governorship was the most offensive lack of due process I've ever seen in a tribunal, and I've been trying cases for 20 years.
Jul '10
Re: Life After Blago
Rob Long
No, Kenneth, you're not alone. I think it's a bad concept, too. Why shouldn't you be able to lie to anyone -- as long as you're not under oath? Otherwise, it really does seem like some kind of prosecutorial mousetrap -- "We can't get you for actually doing anything, but we can get you for lying while we were investigating you for doing something that we can't get you for." · Aug 18 at 8:43am
This isn't the first time for Patrick Fitzgerald to pull this stunt. That's how he got Scooter Libby, too - even after he already knew that it wasn't Libby, but Colin Powell's toady - who was the actual malefactor.
Of course, George W. Bush, being a man of sterling principles, bestowed a full pardon on Libby.
Wait...
Jul '10
Re: Life After Blago
Let this be a lesson to all of us: never, ever talk to cops, feds or any agents of our all mighty government.
Jun '10
Re: Life After Blago
It is crucial to note that affirmatively declining to discuss the investigation in the absence of counsel is not the same thing as remaining completely silent . If you are not in custody, your total silence, especially in the face of an accusation, can very possibly be used against you as an adoptive admission under the Federal Rules of Evidence.
How to Avoid Going to Jail under 18 U.S.C. Section 1001 for Lying to Government Agents http://library.findlaw.com/2004/May/11/147945.html
Jul '10
Re: Life After Blago
I didn't pay a lot of attention to this case. My understanding from news report is that the evidence was rather damning and on tape to boot. Were the reports of explicit bribery exaggerated?
Jun '10
Re: Life After Blago
This smells foul. It makes no sense that Blago, the biggest mouth in the world would suddenly clam up just at the moment when he would have a national stage all to himself to speak at his own trial. This is a guy who lives for the spot light. Why would he suddenly give it up?
Answer: He was going to talk and name names in court. He was 'convinced' not to.
Canadian Mountie: Mr. Ness! I do not approve of your methods.
Eliot Ness: Well, you're not from Chicago.
May '10
Re: Life After Blago
On 1001 violations (lying to the FBI or other federal officials): There's already a catch-all federal criminal statute for obstructing a federal criminal investigation once a grand jury has been impaneled; it's 18 § 1503. Thus, if a lie obstructs justice, it's actionable under that statute. There's no moral reason for 18 § 1001, which makes non-obstructing lies federal crimes. (Remember, if an agent wants to talk to you, tape it. He will present his likely self-serving notes as evidence, if you become a target. Or better yet, just clam up.) But 1001 does serve as a device whereby prosecutors try to justify wrongful or run-away investigations, e.g., Martha Stewart, Blago.
Mr. Epstein may show restraint with regard to Fitzgerald, but the later is a pompous, power-abusing jerk. Many people are enumerating the reasons why this is so, but just one example: Because Fitzgerald's IQ is greater than 110, he knew damn well that the "honest services" statute was unconstitutional, either flat-out or as applied to defendants such as Conrad Black. But because he had the raw power to demonize and attack an unpopular rich guy, he went with it.
Jun '10
Re: Life After Blago
Its republicans and conservatives who are to blame for this silly statue. It as driven by the "get them at any cost", mentality that creates laws that are turned against the people.
sorry to seem the nutty one here, but think about it...