Did The Feds Play Their Hand Too Early?

Some are saying that Blagojevich may not be found guilty of the most egregious crime he’s accused of – selling Obama’s old Senate seat – because he hadn’t actually sold it yet.

WASHINGTON — When Patrick J. Fitzgerald, the United States attorney in Chicago, announced the arrest of the Illinois governor, Rod R. Blagojevich, Mr. Fitzgerald said he had acted to halt a political crime spree that included what he called an “appalling” effort to sell off the Senate seat vacated by President-elect Barack Obama.
But now some lawyers are beginning to suggest that the juiciest part of the case against Mr. Blagojevich, the part involving the Senate seat, may be less than airtight. There is no evidence, at least none that has been disclosed, that the governor actually received anything of value — and the Senate appointment has yet to be made.

Despite the New York Times’ attempt to join the other media-types busy minimizing Blago’s crimes with the headline “In Blagojevich Case, Is It a Crime, or Just Talk?” this is actually a really good point.
What Blago was attempting to do was, without a doubt, a crime. One that, again despite the best attempts of some in the media, there is no excuse for. But whether or not the Feds have enough of a case to get a conviction of Blago in court is another matter entirely.
I guess it depends on whether or not the attempt to sell a Senate seat is a crime. Because Blago never actually got the chance to sell it. Which means that the Feds probably should have waited until the transaction was complete before pouncing.
Thankfully, Blago is going to be found guilty in the court of public opinion whether he gets convicted in a federal court or not (the Illinois legislature voted unanimously for impeachment hearings). Even if he doesn’t resign, I suspect his political career is over.
Though it would be nice to see him behind bars.