IMO, the critical section of the article.
Will Rod Be Spared?
Former Illinois Gov. Rod Blagojevich is in jail, but maybe not for long.
By NATASHA KORECKI
July 01, 2014
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Now, five years after his arrest and three years after he was hit with 17 guilty verdicts, Blagojevich’s case is the subject of the toughest legal scrutiny it has faced, which could either shut the door on his hopes for a reversal or bust it wide open. Any day now, the U.S. 7th Circuit Court of Appeals is due to put out its ruling that could answer the most fundamental of questions: Were Blagojevich’s actions in fact criminal?
During appellate arguments, which I watched in December, U.S. Appeals Judge Frank Easterbrook, formerly the chief judge of the panel, grilled government attorneys on some of the basics of the case. It was almost jarring to watch justices question the very essence of charges that had been under a public microscope for five years.
Easterbrook appeared incredulous after asking if prosecutors could cite “any criminal conviction in U.S. history” other than Blagojevich’s in which a politician was convicted for trying to trade one job for another.
“I’m aware of none,” responded prosecutor Debra Bonamici.
“Where is the line that differentiates legal horse-trading from a federal offense that puts you in prison?” another appeals judge, Illana Rovner, asked.
It wasn’t that cut and dried, Bonamici said. The jury concluded Blagojevich was trying to obtain more than a job. Still, it was clear the appeals judges had issues with fundamental aspects of the case.
Read more: http://www.politico.com/magazine/story/2014/07/will-rod-be-spared-108478.html#ixzz36JcwkBLq