Let the record reflect that as of December 22, 2008, US attorney Fitzgerald is content to release to the Illinois state legislature everything he has on the Senate Seat Sale, while denying to that body and keeping close and safe everything he has the Trib, the Cubbies’ friendly confines and assorted hospitals.

I’m guessing this is proof positive of the ability of prosecution to prevent crime.

The only part of the Complaint that refers to the Senate Seat Sale is in the first count – - which is framed as a conspiracy.

Conspiracy is an INCHOATE crime – along with counseling someone to commit a crime- soliciting someone to commit a crime- and attempting to commit a crime. In none of those cases does one need, as you put it, a smoking gun. Indeed, if an investigation recovers a literal smoking gun [as opposed to a figurative one] then one should expect that investigation to result not in an inchoate crime, but a SUBSTANTIVE crime.

Even if you mean the term figuratively, then in these circumstances, for example, it’s entirely mundane that even the existence of a smoking gun would be utterly unknown to the Obama side of the equation.

There’s an important distinction in law between being able to guess that MacBlago might be up to something on the one hand, actually knowing what it was that he was up to, or actually knowing facts from which it would be difficult NOT to conclude that he was up to something criminal on the other.

Finally on this point, there is not a single inconsistency among any of the Complaint, the Affidavit filed with it, the remarks by Fitzgerald and the FBI at their presser, and this report from Craig for Team Obama – -

which is different from saying this report from Craig is immaculate.

Blago seems very careful in his approaches with the Obama campaign. But perhaps he may have been more direct in his approaches to Madigan, the SEIU, or people associated with Jesse Jackson, Jr.

All of the contacts with the Obama team would likely have been by phone, so if Fitz was wiretapping it’s likely he knows most of these contacts (unless there were unmonitored phones used). But several of the players were in Chicago, and so there could be contacts on the ground that were not monitored. For example at the Indian dinner.

Politico had already suggested that Daschle was on the short-list for HHS Secretary even several days before the election. Gov. Fitzhaber and Howard Dean were also on that rumor list. But Blago was not being considered at all.

http://www.politickeror.com/br…..obama-post

I don’t see much relationship to the Representatives seat, actually. From the quote above, the reference to the seat was merely that the calls about that would provide an opening to bring up other “unrelated matters”.

I’m a bit stunned that Blago thought that he should be appointed to the Secretary of DHS! Lots of egomania indicated with those thoughts! {I suppose the good sign is that at least he knew he would have to “buy” the position- that he couldn’t get it on his own merits.].

BTW when did Obama announce the appointment of DHS Secretary, and when were the short-list candidate rumors for that spot first broached. Maybe these were announced to throw water on Blago’s dreams about his appointment?