Two prominent politicians dodged judicial bullets in the last twenty-four hours: former Illinois Governor Rob Blogojevich and Tom “The Hammer” Delay, the erstwhile Republican house whip.  

Neither Rob nor Tom are entirely in the clear, of course.  The man with the second most impressive mop of hair in politics (Texas governor Rick Perry still holds the “good hair” title) was convicted of one count of lying to investigators.  Mr. Delay, meanwhile, is still under indictment in Travis County, Texas. 

Blagojevich was indicted for allegedly going on a political corruption crime spree. According to US Attorney Patrick Fitzgerald, “The conduct would make Lincoln roll over in his grave.”  Perhaps, but it didn’t horrify enough jurors to get a conviction on 23 or 24 counts. 

Novelist Scott Turow suggests in a New York Times op-ed that at least one juror may have felt it was unfair to single out Blagojevich for special treatment when the Supreme Court just gave corporations and unions carte blanche to buy the votes of elected officials.  “Corporations,” Turow reminds us, “have a legal duty not to spend money unless it is likely to improve profits. Unions, too, are expected to make only contributions that will benefit members. As a result, no idealistic patina of concern about good government or values-driven issues can burnish these payments.”  

The Hammer was under federal investigation for his intimate ties to disgraced lobbyist Jack Abramoff.   Delay wasn’t unique in this regard, of course.  According to the Center for Responsive Politics, 37 current congressional  candidates took money from lobbyists.  Delay took more than anyone else–just over $44,000, but he likely received far more from Abramoff’s clients.  According to the CFRP, “In 2006, Abramoff pled guilty to charges related to defrauding millions of dollars from Indian tribes he represented as a lobbyist, as well as corrupting public officials. He was released from federal prison to a halfway house in Maryland earlier this summer and is currently working in a kosher pizzeria in Baltimore.” 

Mr. Blagojevich and his wife Patti will undoubtedly be in full celebration mode tonight.   Mr. Delay is already denouncing the feds for orchestrating a witch hunt against him.  “I know this is the price of leadership,” The Hammer told the press this morning, “but it doesn’t have to happen this way. I hope people will look at my case and decide the criminalization of politics and the politics of personal destruction is not beneficial to our country and hopefully it will stop.”   

It won’t stop before the State of Texas takes its best shot.  According to the New York Daily News, “He and two associates face money laundering and conspiracy charges in Texas connected to 2002 state legislative elections. A court hearing in that case is set for next weel . . . Prosecutors say DeLay and his co-defendants funneled $190,000 in corporate money through the Republican National Committee in Washington then back to state legislative candidates in violation of state law.” 

Governor Rob isn’t out of the woods yet either.  Federal prosecutors intend to re-try the case; likely with a considerably streamlined indictment. 

Blagojevich and Delay have used their unwanted celebrity to advantage.  The Hammer tripped the light fantastic on Dancing with the Stars last year while the man with the floppy brunette mop appeared on Celebrity Apprentice and every light night program that took the slightest interest. 

If the DOJ had Blagojevich-quality evidence against a low-status defendant, would the trial have dragged on for weeks?  Would the jury have agonized for fourteen days over its verdict?  

And what if the feds could prove clear financial ties between a black crack defendant and an already-convicted drug dealer, would they have decided to walk away from the case? 

These are hypothetical questions (what if there were no hypothetical questions?), and the obvious answer is “no”.  

The Blag0jevich jury held the federal prosecutor to his burden because the former governor was . . . a former governor.  

The feds decided to drop their investigation against The Hammer because they knew a jury would force them to make a clear and convincing case. 

Prominent white politicians can count on the presumption of innocence.  I’ve got no quarrel with that.  Too bad obscure black and brown defendants aren’t so lucky. 

Take, for instance, the case of Alvin Clay in Little Rock.  The feds had a single witness connecting the black attorney to a mortgage fraud scheme.  Post-conviction, Clay proved that the government’s single witness was a pathological liar.  A federal appeals court is currently deciding whether the fact that Donny McCuien repeatedly perjured himself in the course of Clay’s trial justifies a new trial.  

Don’t keep your fingers crossed.  Mr. Clay should have had the good sense to become a prominent white politician but he chose otherwise.