Saturday, December 13, 2008

Something Missing

clipped from volokh.com

From the evening of Nov. 10 until yesterday, Blagojevich, Obama, and his transition team acted in ways that are consistent with a knowledge of Blagojevich’s bribery attempt and a rejection of that attempt. What doesn't fit easily with the timeline is Obama's statement yesterday.

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

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.

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.