NYT on Ftiz: The Prosecution Should Give It a Rest

Barry Coburn writing in the NYT yesterday, (H/T Dan Kennedy's Media Nation

The court in which Mr. Blagojevich is charged, the United States District Court for the Northern District of Illinois, has a local rule mandating that a “lawyer shall not make an extrajudicial statement the lawyer knows or reasonably should know is likely to be disseminated by public media and, if so disseminated, would pose a serious and imminent threat to the fairness of an adjudicative proceeding.” The rule goes on to say that a public statement “ordinarily is likely to have such an effect when it refers to” a criminal matter and to “the character or reputation of the accused, or any opinion as to the accused’s guilt or innocence, as to the merits of the case, or as to the evidence in the case.” The American Bar Association’s model rules are similar, if not more restrictive.

Against this backdrop, it is hard to feel comfortable with Mr. Fitzgerald’s remarks in announcing the charges that Mr. Blagojevich’s conduct amounted to a “political corruption crime spree” and “would make Lincoln roll over in his grave,” that “the breadth of corruption laid out in these charges is staggering,” that Mr. Blagojevich “put a ‘for sale’ sign on the naming of a United States senator” and that his conduct was “cynical” and “appalling” and has “taken us to a truly new low.”

This will be my ongoing Sunday Blago Post. I'm not comfortable with it. I wish Fitz and the FBI had watched a few dragnet episodes before hand and kept it to just the facts. They spoke loud enough.

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Dan Curry nails the really troubling thing about the Rahm Rod chats. They weren't illegal. They were really stupid. They didn't achieve the objective and badly compromised the Prez Elect. A real amateur job

If Obama had a preference for his replacement, he simply could have written a letter to Blagojevich and released it to the public. Period. Any contacts beyond that amount to a negotiation. And Obama should have known better to negotiate with a man about to be indicted. It also should have dawned on Obama’s camp that he was about to take control of the Justice Department and that a key witness in the Blagojevich Operation Board Games investigation (Tony Rezko) was also a close friend of the President-Elect’s. A further entanglement is an Operation Board Games subpoena on the joint house-land sale Obama and Rezko undertook.

If Obama can’t sniff trouble in the above circumstances, we are in big trouble when he sizes up foreign adversaries.

Tom Roeser with a similar take.