Wednesday, December 10, 2008

What did he know, and when did he know it?

From Volokh Conspiracy:

It should be noted that it is not a crime to fail to report a bribery attempt. The federal misprision of felony statute would seem to make it a federal crime to fail to report a federal felony:

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both. 18 USC s.4.

But case law has conclusively determined that mere non-reporting is not enough. Active concealment or the acceptance of a benefit for concealing is required.

Yet, looking at this timeline of Blagogate, it seems quite possible that someone in the Obama Camp is either lying or at least not revealing what they know. I also find it hard to believe that Obama’s closest advisors were hiding major corruption from him, especially as he was making decisions about where to place Senate candidates such as Jarrett.

Something important is missing from this story. Let's hope that, whatever it is, the absent fact or explanation will allow the narrative to fit Obama's denial more naturally.

Since by all accounts, the Obama camp refused Blagojevich’s bribery attempt, it would be extremely unwise to lie about it. Remember, it’s not the crime that trips you up; it’s the cover-up.

At best, Obama is a dupe who couldn't recognize corruption while he was lying next to it. At worst, he knew and just attempted to make sure he wasn't smeared by it. Not very changy, if you don't care about corruption within your own party. That seems remarkably not-changy.

That's ... samey.