His lawyers filed a motion prior to opening statements arguing that [former Gov. Rod] Blagojevich had the right to say the things that he was recorded saying because, far from misusing his office for personal gain, he was just talking politics. Blagojevich had “the right,” the motion argues, “to vigorously debate about different options for appointments and different fundraising strategies.” And because “[t]he marketplace of ideas is critical to Democracy [sic],” the prosecution “violates fundamental free speech.”

I just wonder if “marketplace” was the best metaphor to use in association with Rod Blagojevich.

Let’s see — so, when Blagojevich met with a lobbyist in 2008, mentioned that he was about to announce a $1.8 billion construction project and said “I’ve got Lon going to Construction Executive and asking for $500,000 . . . . I could have made a larger announcement but wanted to see how they perform by the end of the year. If they don’t perform, f— ’em,” he was simply engaging in vigorous debate about a fundraising strategy. See United States v. Blagojevich, No. 08 CR 888, Government’s Evidentiary Proffer, p. 55 (filed Apr. 14, 2010).

Or, when told that Children’s Memorial Hospital (which was hoping for a rate increase) was not returning calls about political contributions, Blagojevich said “Screw them,” then called the deputy governor, asked “Where are we on the money to Children’s Memorial Hospital? . . . . Hold it up,” that was an even more vigorous debate about fundraising. See id. at p. 62.

Blagojevich’s “vigorous debate” defense is a post from Overlawyered - Chronicling the high cost of our legal system

• International adoption is always a risky business, fraught with uncertainty: now aspriring parents, burned by changes in Guatemalan law, are suing adoption agencies alleging civil RICO liability;
• Some tasks can’t be delegated.  New Jersey attorney sanctioned for sending paralegal to domestic court, where she appeared as “counsel” and advocated on behalf of the client;
• Some tasks can’t be delegated, part II: Las Vegas personal injury lawyer Glen “The Heavy Hitter” Lerner complains that he can’t understand rules prohibiting Nevada lawyers from allowing attorneys not licensed in Nevada to sign up Nevada clients, prepare demands, negotiate claims, and serve as the clients’ sole contact within the firm.  The Nevada Supreme Court disciplines Lerner anyway, figuring that after multiple past reprimands Lerner could take a hint;
• Some tasks shouldn’t be delegated:  Arkansas authorities investigating attorney Terry Lynn Smith, who “invested” a client’s substantial personal injury settlement, then admitted that “all of her money was gone.”
• And then some tasks should definitely be delegated: Top Obama aides are “lawyering up” in response to the Blagojevich probe;
• The fall of Dickie Scruggs has been named as the top story of the year in Mississippi, by the Associated Press;
• God told me to beat you up.  Texas church claims first amendment immunity from tort liability arising from an exorcism gone horribly awry (via WSJ Law Blog);
• Rise and Fall of the Great Powers: former Republican presidential candidate Ron Paul believes that the recessed economy is a blessing in disguise.  Meanwhile, Paul continues to accept the franking privilege and his salary from taxpayers.

What are you resolving to accomplish in the new year?

Daily Roundup 2008-12-29 is a post from Overlawyered - Chronicling the high cost of our legal system

• The best stings, cons, and capers of 2008, as chosen by Wired.  Particularly clever: the FBI’s reverse con of dozens of identity thieves.  And who knew that phone phreaks still exist in the age of the internet?
• Rod Blagojevich’s attorney seeks to compel testimony from high officials in the incoming administration to resist impeachment, while Patrick Fitzgerald asks Illinois lawmakers to hold back to avoid jeopardizing his criminal case.  Question: assuming Blagojevich is guilty, which is more important, that his impeachment proceed promptly, or that his criminal case proceed without political interference?  Alternative question: Which is more important, good (or at least less corrupt) government in Illinois, or another notch on Fitzgerald’s belt? Final alternative question: if the Obama team was more involved than its own report suggests, why not let things drag out and get the whole story?
• A blog devoted to people who deserve a punch in the face (potentially offensive images, not-work-safe language). Special favorites: “B**** who talks on cellphone at Holocaust Museum” (yes, I have seen this), and “Passive aggressive emoticon user”;
• The heroism and defiance of the crew of the USS Pueblo, released from North Korean captivity a little over forty years ago today.  If you click on a link anywhere in this post, make it this one (edit: bad link fixed);
• Contrary to suggestions from Esquire, Barack Obama is unlikely to end the war on some drugs;
• Is OSHA unconstitutional? Is seizing privately owned steel mills unconstitutional?  Legal Theory calls this paper “very highly recommended” and I agree;
• Should Jewish (and for that matter Muslim, Hindu, or Buddhist) military chaplains be required to wear a cross? The Navy says yes.  I say that if we’re going to bail out Chrysler we can afford a few pins which depict commandment tablets or crescents See below for a more interesting discussion from Ron Coleman and others, on something I completely misread;
• The right to have children is fundamental, but we remove dogs from conditions that aren’t as overcrowded as those of the Duggar family of Arkansas;
• Extraordinary Popular Delusions and the Madness of Crowds:  It’s not just the best book on economic bubbles and downturns ever written. It could be the title of this article on how a leading author on scientific skepticism was fleeced by Bernard Madoff. (Via Crime and Federalism);
• Speaking of delusions, more details on the methods through which attorney Marc Dreier allegedly stole millions emerge in this Bloomberg story.

Walter Olson will be back soon enough, but I’ll note that I have come to appreciate just how good a blogger he is, and how hard Walter works in keeping this site going over the past few days.  Perhaps you might show him your appreciation? Vote early, and vote often.

Microblog 2008-12-27 is a post from Overlawyered - Chronicling the high cost of our legal system