Appeals Court Overturns Five of Rod Blagojevich’s Convictions

While finding five of the counts invalid on technical grounds, the court called the evidence against Blagojevich “overwhelming” and made clear that the former governor was not entitled to be released from prison in the meantime.

Robert Blagojevich has said his brother’s 14-year sentence was unfair. The 7th Circuit Court’s opinion said removing the four convictions doesn’t affect the sentencing range. Eleven of those convictions were directly related to the Obama Senate seat appointment.

Jurors eventually convicted him of 18 counts; 11 dealt with charges that he tried to swap an appointment to the seat for campaign cash or a job, once musing about becoming ambassador to India.

Prosecutors could appeal the ruling or could choose to retry Blagojevich on the dropped counts, though prosecutors often decline to retry a case if most the counts are upheld. The rest of the convictions were affirmed by the 7th U.S. Circuit Court of Appeals in Chicago.

Blagojevich, a Democrat, was arrested in December 2008 when he was still governor. He was sentenced to 14 tears in prison at a facility in Colorado.

Blagojevich began serving his sentence in March 2012, and it was estimated that he would be released in 2024 at the age of 67.

Blagojevich was also convicted on other play-to-pay schemes.

Blagojevich, who was sentenced in June 2011, was charged with, among other things, trying to sell the U.S. Senate seat formerly occupied by President Obama.

During arguments over Blagojevich’s appeal, the court focused on where the line was between legal and illegal political horse-trading.