Blagojevich still awaiting appeal decision

CHICAGO (WLS) -- It's been nearly a year since lawyers for imprisoned former Governor Rod Blagojevich made their arguments before the Federal Appeals Court in Chicago.

Have the judges made their decision, and if so, when will it be revealed?

The answer to both is known only to the three judge panel that will rule, and they are not ruled by any calendar obligation. But in two weeks' time, it will have been a year since oral arguments in the case.

Blagojevich went to prison nearly 1,000 days ago. His attorneys have argued that he engaged in little more than political horse-trading and that his defense was unfairly stymied by the trial judge.

"Have they reached a decision? Yes, I believe the 7th circuit has reached a decision," said former prosecutor Ron Safer.

Safer is a former Assistant U.S. Attorney who suggests that the three appeals court judges may have reached differing conclusions in a multi-count conviction and that the chore has been finding language they all can accept.

"That's a possibility to explain what's taking so long," Safer said. "My prediction is they're going to reduce his time."

Law Professor Leonard Cavise has been a vocal critic of the government's case, and the length of the ex-governor's sentence.

"Fourteen and a half years is outrageous, and any judge with common sense knows for this kind of crime, 14.5 years is completely a miscarriage of justice," Cavise said.

Trial Judge James Zagel though passed a sentence that was within federal guidelines. It could conceivably be lessened if the judges find fault with some of the counts.

"I predict that there are going to be some - that Blagojevich will likely win some of the points his lawyers argued on appeal, and that we will have a resentencing," said Zagel.

Even in that case, the judge still has latitude to consider the ex-governor's overall conduct.

"So I don't think the result is likely to change much," Zagel said.

There is no comment from the U.S. Attorney's office, though prosecutors clearly would welcome an opinion soon. They argued through two trials and the appeal that Blagojevich conducted official acts that were for personal enrichment, not just political advantage.

The judges made some comments during oral arguments last year that sounded favorable for Blagojevich, but comments from the bench don't often telegraph the decision.