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Obama’s Blagojevich Review: One Lawyer’s Unsolicited, Very Bad Advice

Commenting on the Obama team’s promise to conduct its own review of “who talked with disgraced Illinois Gov. Rod Blagojevich and when — and precisely what they said,” Politico quotes a “top Washington defense lawyer,” who does not approve of the effort and is willing to say so.

His summation: “It never helps when you dig up the dirt in your own yard and you find stuff.”

Really? Would this “top lawyer” give his clients the same advice? I can just imagine that monologue: “Oh no. No. Nope. Don’t do that. It’s better to be ignorant than informed. If there’s something wrong, or the appearance of something wrong in your house, it’s best you not know about it. Remember, what you don’t know won’t hurt you.”

Problem: We learned ages ago that what you don’t know can hurt you. Granted, I’m not an attorney, but I have a brain, plus nearly 20-years experience as a public relations counselor, and a relatively successful one at that. If I were in the room when an attorney recommended that a shared client avoid an internal investigation, I’d politely recommend the attorney be drawn-and-quartered.

Anyone who has ever managed a controversial issue knows this much: You ALWAYS want to find out what’s going on in your own house. It’s much better when you learn information before others do, especially if that information involves something not good. That way, you have a chance to gain first-mover advantage on the clean up. The public is much more forgiving when you voluntarily initiate reform.

  • el_loco1965
    As an attorney, I see where Brand is coming from and I tend to agree with him.

    The first thing we need to keep in mind is that this scandal has both legal and political/PR aspects to it.

    From the political/PR side, it makes perfect sense to conduct your own internal investigation and find out who said what to whom and when. If Obama is correct and neither he nor his staff had any involvement in the Senate seat auction everyone will come out smelling like roses.

    From a legal perspective, however, it's a heck of a lot trickier. First, we don't know the full contents of the tapes. Therefore, we don't know if the prosecution has any compromising information on anyone in Obama's staff.

    Second, there is no legal obligation on Obama or his transition team to cooperate with the prosecution (please distinguish "legal obligations" from politics/PR issues). Nobody's a target of the investigation, no subpoenas have been issued, and there are no signs that the investigation will broaden its scope to include them. To the entire world, they're clean. Yes, the Republicans are licking their chops, but that's politics and it should be dealt with in that context.

    Finally, you do want to know what goes on in your shop. That doesn't mean you want to pledge to share your results with the world. If the Obama team discovers something "questionable" it raises the legal question of what to do about it. Whatever you choose to do, you can't ignore it, particularly because the prosecution may already know about it. You certainly can't destroy it - or at least, I would not advise a client to do that; if they want to go to jail, that's fine but I'm not losing my license over it. It's just a bad idea. Not to mention that if you find something, you may have to turn it over if it is demanded.

    It's one thing to find out what happened. Obama needed to do that regardless. That doesn't mean you need commit to turning over every stone and looking at every telephone record or e-mail message.

    Transparency is a great thing, but when it comes to the law, you never ask a question to which you don't already know the answer to. That is just what Obama did.
  • Pete Abel
    el_loco ...

    Your careful presentation of the options and nuances makes a lot of sense -- and it's certainly much better presented than what the attorney quoted in the Politico article said. Granted: His remarks might have been pulled out of context, but I suspect he still could have been more astute about qualifying his remarks. Thanks for taking time to challenge me.
  • Lisa_O
    President-elect Barack Obama arrested Illinois Governor Rod Blagojevich, along with his chief of staff John Harris, in Chicago Tuesday morning on charges that included conspiring to commit wire fraud and soliciting bribes in exchange for the state’s Senate seat, vacated. This is the second time an Illinois governor has been arrested on federal charges. George Ryan, Illinois’ 39th governor, was also charged for wielding his authority to help himself and his friends. This seems that Blagojevich didn’t learn the lesson on having illegal moves would probably cause him into a big trouble. According to the Illinois state law, it is the responsibility of the governor to fill the senate seat and much like Ryan; Governor Blagojevich saw an opportunity to use his power to leverage amenities for himself. According to the news, Blagojevich, 52, was hoping to get a substantially higher salary, a position on the board for his wife, a cabinet post and more in exchange for his choice of a senate replacement. Looks like the governor got a little bit too greedy. The FBI has filed a 76-page indictment against both Blagojevich and Harris. The affidavit reports that the federal authorities caught Blagojevich conspiring to sell or trade the vacant Senate seat on court-ordered wiretaps last month. The people of Illinois will have to wait patiently for the conclusion of this story. Times are rough and it’s about to get rougher, especially for both Blagojevich and his cohort John Harris. Click to read more on Blagojevich courtesy of Personal Money Store's Payday Loan News.
  • ljm
    I was going to say what El Loco said, although he was more eloquent than I would have been. (PS I also have a legal background)
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