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A little perspective, please

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Illinois
Blagojevich Trial

* I understand that a brother would be upset, but there’s a reason for this…

The brother of former Illinois Gov. Rod Blagojevich says there’s a serious disparity in the sentence his brother received and the prison time lobbed against Jesse Jackson Jr. on Wednesday afternoon.

“It’s out of balance,” Robert Blagojevich said in a telephone conversation of the 30-month sentence given to the former congressman. “The sentence … compared to my brother’s, makes his disproportionately unbalanced and severe, and I’m hoping that the appellate process will finally render my brother some justice.”

The difference here is that Jackson pled guilty. He owned up to his mistakes. Rod Blagojevich continues to say he’s innocent. He does not accept responsibility.

Also, as a commenter pointed out yesterday, you don’t give a guy who pled guilty the maximum sentence because then defendants will be less likely to plead guilty in the future.

* So, was Jackson’s sentence too light? Maybe. But he used campaign money for personal expenses, which wasn’t even a crime not too long ago. Who was harmed? The contributors? Well, yeah, they did have the right to expect that their money would be used for campaign purposes, but it’s not like they’re truly “victims.” What about a candidate who announces she’s retiring on the same day as her fundraiser and doesn’t give the money back? That happened just a few days ago with an incumbent state Rep. Jim Edgar uses his campaign fund to make charitable contributions. George Ryan used his for legal defense.

I’m not making excuses for Jackson here. He violated clear federal laws on numerous occasions. I have no sympathy for him at all. The bizarre way he and his wife lived the high life off his campaign fund is thoroughly disgusting.

I’m just saying that, in my mind at least, what he did is not like robbing a liquor store. And since he pled guilty, he definitely should get a much lighter sentence than Rod Blagojevich.

posted by Rich Miller
Thursday, Aug 15, 13 @ 9:19 am

Comments

Blagojecvich used his position as governor to extort campaign contributions. And he tried to sell a Senate seat. Different crimes.

Comment by Chi Thursday, Aug 15, 13 @ 9:25 am
Yup. Blago used his governmental authority to extort funds. Much more serious (apart from his going to trial and general attitude).

Comment by Anonymous Thursday, Aug 15, 13 @ 9:28 am
Two separate issues here.

I think the Jacksons’ sentences are about right.

While I have no personal sympathy for the way Blago behaved as governor or as a person, 14 years in prison for the crimes of which he was convicted is a little excessive IMO.

Comment by Snucka Thursday, Aug 15, 13 @ 9:29 am
Hypothetically, if I donate money to a politician, I know he might retire and not use the money for my intended purpose. That is part of the deal, and I know that going in. Using my money to buy a stuffed animal head is NOT part of the deal, and so I was basically defrauded. I would absolutely be a victim. What else do you call it when someone asks you for money for a particular purpose (political) and it is used for something else? And of course it’s not like robbing a liquor store; that is generally a crime of violence. Jackson committed a crime of stealth, no different than a guy who scams elderly ladies to make house repairs that aren’t needed. Different crime, but still a crime.

Comment by synergy Thursday, Aug 15, 13 @ 9:29 am
Spot on, Rich. Rod made a tactical decision. He believed that he did nothing wrong, so why would he plead guilty. He trusted that once his case was before a jury, the jury would see that he did nothing wrong, and he would be found not guilty. It was a big gamble, and he lost. For those who feel that his sentence is too long, it could have been shorter if he would have reigned in the circus act. Say what you want about JJJ. He accepted his guilt, cooperated, and got a lighter sentence. It is worth noting, however, for those who feel that his sentence is too light, he and Sandi were given a significant amount of community service to perform in addition to jail time. In my opinion, community service should be used more than jail for non violent criminals.

Comment by anon Thursday, Aug 15, 13 @ 9:29 am
I was surprised last night that the folks on Chicago Tonight didn’t seem to understand that, when you plead guilty, it’s with the expectation of a reduced sentence. They seemed to think the judge was just being nice because he fessed up, when it’s really part of the whole process.

Comment by Soccermom Thursday, Aug 15, 13 @ 9:30 am
Robert Blago was obviously removed greatly from Springfield and the governing aspects of his brother’s administration. He would likely get an eye-opening experience if he ever ventured to our state Capitol on a session day and talked to all the folks assembles there. His brother exhibited little interest in his job or constituents, and consistently acted in a manner that demonstrated little regard for the rules and protocol and expected decency of his public office. Nothing seemed “on the square” or “about the merits.” There appeared to be no serious reflection or sincere empathy.

At lease George Ryan cared about his office and his constituents. I know of nobody seriously familiar with Illinois state government who doesn’t believe that Blago was far, far worse than George. And ditto for JJJ. Not sure there were any real redeeming virtues associated with Rod…and I believe Robert just doesn’t understand that.

Comment by Anon Thursday, Aug 15, 13 @ 9:33 am
On another note, if we had competitive congressional districts, people wouldn’t be able to pile up so much money in their campaign fund and never need to spend it.

Comment by Snucka Thursday, Aug 15, 13 @ 9:35 am
There is a huge difference in fighting the Feds in court, being defiant at every turn, and in admitting guilt, accepting responsibility, and … accepting your fate.

Great point on a plea not getting the Max Sentence. If someone decides to plea out, and seek mercy… and no mercy is given, why would anyone admit guilt? You wouldn’t.

The “year” Sandi got, to me, is more of a statement than anything JJJ got. By not getting “the day”, and the POSSIBILITY of time off is a statement that these admitted crimes are serious, and what might be perceived as “light” is actually “heavy” insofar as, there is no carrot for Sandi. It’s a year. That is not going to change.

That really is a blow to the mental aspect, I am guessing.

Rod had every chance to plea out, ask for mercy, heck, SEEM remorseful. “The guys down the street” hate to be shown up. Rod should have known that, and if he didn’t, his sentence should remind him, every day.

Finally, anyone who has siblings would feel as Rob does, and I have no fault/anger/glee whatever for Rob’s plight in regards to how he feels his brother was treated. Actually, after ALL Rod put his brother through, it speaks to how good of a brother Rob IS. Rob may still be very bitter, and has every right imaginable to be that bitter, but Rob is a brother who loves Rod, and after everything, still loves his brother enough to be his advocate today.

Good man. Good brother. Think about how you would handle things if a sibling did to you, what Rod did to Rob. Would you be as much of an advocate for YOUR sibling?

I hope… I would.

Comment by Oswego Willy Thursday, Aug 15, 13 @ 9:36 am
Well said, Willy.

Comment by Snucka Thursday, Aug 15, 13 @ 9:40 am
JJJ and Sandi got a little too little. Rod got a little too much. Blago’s brother has a point here, but there’s a difference as to the degree. Something closer to 5 for JJJ and 10 for Elvis would seem a little more appropriate.

Comment by A guy... Thursday, Aug 15, 13 @ 9:42 am
My first reaction was the sentence seemed light. But then you realize he wasn’t convicted (or even charged) on trying to bribe the gov for the senate seat. Its hard not to think of this but it didn’t have anything to do with this trial.

Comment by Been There Thursday, Aug 15, 13 @ 9:43 am
yup. big difference between Blago and the Jacksons. but they did, in effect, raid high end department stores, and I think they got off light.

Comment by Amalia Thursday, Aug 15, 13 @ 9:43 am
The only thing that caught my eye was the opportunity to serve the sentences at different times. First I had heard of something like that.

Comment by Bemused Thursday, Aug 15, 13 @ 9:43 am
I predict that Sandi does not spend a day in jail. Obama will pardon her right before he leaves office.

And as for Blago, 14 years was was way too stiff. As I recall, most of the charges were related to the selling of the Senate seat. Who was harmed there? George Washington spent half his time filling patronage jobs. And his brother’s main point is that there was, and still is , credible evidence that Jackson tried to buy that Senate seat. Yet, no charges at all?

Comment by funny guy Thursday, Aug 15, 13 @ 9:45 am
When it comes down to it, JJJ jerked over his campaign contributors people who gave him money voluntarily for a different purpose.

Rod jerked over the taxpayers of Illinois.

Big difference

Bemused,
The server sentences at different times is not unusual in federal cases where both parents plead guilty and the sentence of at least one parent is not real long.

Comment by OneMan Thursday, Aug 15, 13 @ 9:46 am
- Snucka -,

Thanks. Rich is right, perspective, all the way around, needs to be used here, I appreciate you understood mine.

- Bemused -,

It happens more than we all think. I am hoping our legal scholars here point to the very specific, but I do recall a time or two at the discussion levels, the staggered sentences for family members convicted and the staggered servings.

Comment by Oswego Willy Thursday, Aug 15, 13 @ 9:49 am
===Obama will pardon her right before he leaves office.===

Yeah, just like W was gonna pardon George Ryan. And just like Obama was gonna pardon Rod.

C’mon. Obama has been stingier with pardons than most every predecessor.

Comment by Rich Miller Thursday, Aug 15, 13 @ 9:50 am
What these guys did was far, far, far worse than anything Rod Blagojevich did and Blagojevich’s sentence was longer. Comparing JJJ and Blagojevich is apples and oranges but even by other measurable standards the sentence given to Blagojevich was far too long.

Comment by The Captain Thursday, Aug 15, 13 @ 9:56 am
The U.S. Attorney Northern Illinois District seems to prefer to prosecute “victimless” political crimes that are easy to prosecute to prosecuting political crimes with victims that are harder to prosecute.

Comment by Carl Nyberg Thursday, Aug 15, 13 @ 10:11 am
=== Finally, anyone who has siblings would feel as Rob does, and I have no fault/anger/glee whatever for Rob’s plight in regards to how he feels his brother was treated. Actually, after ALL Rod put his brother through, it speaks to how good of a brother Rob IS. Rob may still be very bitter, and has every right imaginable to be that bitter, but Rob is a brother who loves Rod, and after everything, still loves his brother enough to be his advocate today.

Good man. Good brother. Think about how you would handle things if a sibling did to you, what Rod did to Rob. Would you be as much of an advocate for YOUR sibling?

I hope… I would.

Great insight OW.

Comment by estubborn Thursday, Aug 15, 13 @ 10:11 am
If the judges were reversed, I suspect the outcomes on sentencing would have been entirely different.

Comment by Cod Thursday, Aug 15, 13 @ 10:24 am
I think we all can learn from Jan Schakowsky’s husband Robert Creamer on what luck means.

http://www.huffingtonpost.com/robert-creamer/what-i-learned-when-i-spe_b_408031.html

Comment by Steve Thursday, Aug 15, 13 @ 10:27 am
I hate to invoke his name for fear of being struck by lightning, but Kass made a good point today. If we don’t treat campaign fund crimes seriously and turn a blind eye to what candidates do with this money, the funds essentially become personal bribe depositories. So to say misuse of such funds is victimless isn’t exactly correct.

Comment by Ron Burgundy Thursday, Aug 15, 13 @ 10:33 am
One could reason that the sentence for Rod was too long givin what he was charged. However, considering the damage he did to the agencies, I feel no remorse whatsoever. He decimated many of the agencies, it will take decades for those agencies to recover… at a tremendous cost to the taxpayers.

Comment by Rufus Thursday, Aug 15, 13 @ 10:33 am
All in all, true justice would be Bag of Chips and Trips having to room together for whatever time they are required to serve.

Comment by flea Thursday, Aug 15, 13 @ 10:37 am
===and turn a blind eye===

Nobody has ever suggested doing that.

But here’s what I really don’t like about campaign funds and “bribery.” If you loan your campaign a million dollars, that’s legal. It’s also legal to solicit contributions to your campaign fund to pay yourself back. So the money you raise is going directly into your pocket. Not cool at all, but I’m not sure what to do about it, other than ban loans.

Comment by Rich Miller Thursday, Aug 15, 13 @ 10:40 am
To your point on loans, Rich, perhaps put $ caps and/or a time limit on them and require them to be paid back? Assess financial penalties and potentially dissolve the fund if they don’t?

Comment by Ron Burgundy Thursday, Aug 15, 13 @ 10:44 am
The plea bargain has always been a negotiating tool in criminal cases. That’s how the death penalty was used in Illinois. It saved a lot of time and expense in many instances. With that off the table, while not roll the dice and go to trial, i.e., OJ and Zimmermann.
As Rich pointed out, JJJ pled guilty, which was probably a “no more than xxx” deal, while Blago was “found” guilty, which made him eligible for the maximum for those crimes.

Comment by Rusty618 Thursday, Aug 15, 13 @ 10:48 am
Funny guy - your memory is faulty. The Senate seat got most of the publicity, but Blago was charged with a wide range of crimes — the worst of which probably was trying to extort political contributions before approving a grant to Children’s.

Comment by Keyrock Thursday, Aug 15, 13 @ 10:50 am
–I predict that Sandi does not spend a day in jail. Obama will pardon her right before he leaves office.–

Sure. Previously, the conspiracy theory was that the Justice Dept. would never charge Trips because of Obama.

And let’s not forget, W was going to fire Fitz to protect Rezko and Cellini.

Comment by wordslinger Thursday, Aug 15, 13 @ 11:07 am
Different crimes, but the Jackson’s sentences seem about 25 % light and RB’s sentence seems 25% too heavy.

That said, there is a difference between abusing the campaign cash that was given to a pol and the use of a public office to attempt to enrich oneself.

Comment by Plutocrat03 Thursday, Aug 15, 13 @ 11:10 am
to “The Captain” - you complain about apples and oranges and then post a story that is a world apart from what RB did. What’s up wid dat?

Comment by dupage dan Thursday, Aug 15, 13 @ 11:44 am
The victim is the system and the people. If you convert political donations (mostly from lobbyists, PACs and interest groups) into personal use dollars - you are almost taking bribes. There is no telling how much those contributions may or may not have influenced Rep. Jackson. He may have taken official actions or votes based on his personal knowledge that he could get more campaign cash (i.e. personal cash) for certain votes.

Bribery, not quite - but fraud and theft certainly. I think he deserved a stiffer sentence actually.

Blago’s complaint? Sorry, maybe the punishment does not fit the crime - but that is his own fault. He went on national TV defending himself, pitching his books proclaiming innocence while everyone around him was pleading guilty or worse (C. Kelly). If Rod wanted a shorter sentence, he should have been contrite, cooperative and made a plea deal for lesser charges. Blago’s brother should point the finger of blame at Rod, not anyone else.

Comment by siriusly Thursday, Aug 15, 13 @ 12:21 pm
I’m surprised by how many commentors think Blago’s sentence was too harsh. I really wish Fitz would have followed through on the “endemic hiring fraud.” Remember the $1500 BD gift and $25K/job examples? Tip of the iceberg. IMO Blago got off easy.

Comment by Sir Reel Thursday, Aug 15, 13 @ 1:22 pm
As has been pointed out here, and noted at the time of sentencing, the Jacksons entered pleas of guilty and accepted responsibility. There is a thing, which of course does not really exist, called a “Jury Tax.” You take a jury, you lose, you get whacked. Blago did more than take a jury, he kept trying his case in the media. Not the smartest thing to do in Federal court - they just have no sense of humor. Legally speaking, raising the different sentences between Blago and the Jacksons will not fly in the 7th Circuit because, beside not being co-defendants, there are too many dissimilarities between the two cases for that to be a legitimate issue. Which is not to say it won’t be raised by Blago’s attorneys.

Comment by West Side the Best Side Thursday, Aug 15, 13 @ 1:40 pm
@ Rich- “I’m just saying that, in my mind at least, what he did is not like robbing a liquor store.” Can you expand? I am certainly sensitive to the trauma of a liquor store owner who is looking down the barrel of a gun for $40,$100 or $200 when robbed. What doesn’t sit well with me is that JJJ didn’t use a gun or a knife but he robbed his donors of $750k to live the high life. I think he, other politicians and white color criminals get off way too easy. Too bad these aren’t prosecutions by the “state”, a sentence that includes bunking with the guy who used a gun instead of a pen when he committed his robbery seems just.

Comment by Charlatan Heston Thursday, Aug 15, 13 @ 2:04 pm