[EL] Blagojevich

Tue Jul 21 12:45:27 PDT 2015

    Analysis: 7th Circuit Unanimously Rejects Some Charges Against IL
    Gov. Blagojevich <http://electionlawblog.org/?p=74479>

Posted onJuly 21, 2015 12:29 pm 
<http://electionlawblog.org/?p=74479>byRick Hasen 
<http://electionlawblog.org/?author=3>

You can find the 23-page unanimous decision written by Judge 
Easterbrookat this link. 
<http://electionlawblog.org/wp-content/uploads/blago.7th.pdf>

Given how short this opinion is, it is not clear why there was sucha 
long delay <http://electionlawblog.org/?p=73098>in issuing this opinion.

Most of the charge were upheld, but the court found instructional error 
as to some of charges, particularly those related to a deal for 
political, as opposed to personal, deals for political favors.

    What we have said so far requires the reversal of the convictions on
    Counts 5, 6, 21, 22, and 23, though the prosecutor is free to try
    again without reliance on Blagojevich’s quest for a position in the
    Cabinet. (The evidence that Blagojevich sought money in exchange for
    appointing Valerie Jarrett to the Senate is sufficient to convict,
    so there is no double‑jeopardy obstacle to retrial. See Burks v.
    United States, 437 U.S. 1 (1978).) Because many other convictions
    remain and the district judge imposed concurrent sentences, the
    prosecutor may think retrial unnecessary—but the judge may have
    considered the sought‑after Cabinet appointment in determining the
    length of the sentence, so we remand for re-sentencing across the board.

He remains in jail pending retrial:

    The convictions on Counts 5, 6, 21, 22, and 23 are vacated; the
    remaining convictions are affirmed. The sentence is vacated, and the
    case is remanded for retrial on the vacated counts. Circuit Rule 36
    will not apply. If the prosecutor elects to drop these charges, then
    the district court should proceed directly to resentencing. Because
    we have affirmed the convictions on most counts and concluded that
    the advisory sentencing range lies above 168 months, Blagojevich is
    not entitled to be released pending these further proceedings.

The legal issue on which the 7th Circuit reversed is a fascinating one, 
and it could provide the basis for Supreme Court review. However the 
federal government may not bother given that they won much of the case.

[This post has been updated.]

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-- 
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
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http://electionlawblog.org

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