Blagojevich and Scalia
A federal jury convicted Governor Rod Blagojevich yesterday of one single count, remaining undecided on the other 23. And for that one guilty charge, we can thank Justice Scalia. No, Justice Scalia had nothing to do with the Blagojevich case. But in a way, he had everything to do with it. Governor Blagojevich was convicted of making false statements to federal agents. He told the FBI that he did not track campaign contributions and kept a “firewall” between his campaign and his official duties as Governor. In other words, federal agents asked him if he broke the law — and just like any child who is caught with his hand in the cookie jar — he said “no.” Before 1998, this decision might have been different. Until then, federal courts routinely excused people for what they called the “exculpatory no.” If a federal agent came to your house and asked if you did something illegal, and you said “no,” you were off the hook for making false statements.