December 09, 2011 3:04:47 PM by
Rod Blagojevich was sentenced on December 7th (Pearl Harbor Day!) to 14 years in prison. I argue in my latest “Injustice Department” piece at Forbes.com that Blagojevich was a victim of an ever-expanding federal prosecutorial apparatus. He violated no state laws, and yet found himself under the thumb of a prosecutor citing vague federal statutes. The result was Blagojevich’s having been found culpable for behavior that was not criminal, and that he had no reason to think would be construed as such. In the run-up to his sentencing where the trial judge played his assigned part in a morality play enabling unjust federal prosecutorial power, and in a last desperate attempt to lessen his punishment, Rod Blagojevich admitted responsibility. But he admitted to having committed what I deem to be non-crimes. And if a new congressional bill—the “Clean Up Government Act”—gets enacted into law, we will see a great many more unsuspecting local politicians finding themselves in the crosshairs of an overzealous and unjust federal criminal justice system. Today it is the pols in the DOJ’s crosshairs; tomorrow it can readily be all of us (indeed, it pretty much is already).