>The difference is that BJ was under investigation, directly.
Let’s re-examine things for a second. What is the point of having a co-equal branch of the Government called the Judiciary existing if it is prohibited (by law or custom) from ensuring that the sitting members of the other branches are in compliance with the [pre-existing] law?
If this goes to SCOTUS, it will be a 7-2 decision against Blago
As you're probably aware, US v. Nixon unanimously held that POTUS may not invoke Executive Privilege to escape a subpoena issued in a criminal trial. The standard they set was that the evidence or testimony was "demonstrably relevant". I'd say again, why would the FBI speak to ANYONE for 2+ hours, if they had to relevant information to offer.
I'm also curious, and I have yet to see it reported, if Obama has counsel present with him when he spoke to FBI investigators. Blago would know that, as clearly it would have been mentioned in the FBI 302s.