Susan Estrich, who’s been called one of the most influential intellectuals of our time, sees a future for Illinois Gov. Rod Blagojevich. And it doesn’t involve prison. She was the first woman to ever run a presidential campaign (for Michael Dukakis in 1988), and the first woman to ever head the Harvard Law Review. Petite woman, loud voice. When she talks, people listen.

And now, she’s saying that with a little luck and some of his patented — and bizarre — political prowess, the beleaguered Blagojevich could very well beat the charges pressed by U.S. attorney Patrick Fitzgerald. 

After all, she says, Blago’s still coming to work every day, despite being charged with trying to sell Barack Obama’s Senate seat and facing impeachment. He’s even managed to make Senate Democrats — and even the president-elect? — look slightly foolish in trying to prevent his pick, Roland Burris, who would be the Senate’s only black member, from taking his seat.

While Estrich makes clear that she doesn’t approve of the governor’s behavior, she rightfully points out that there’s no law against talking about selling a Senate seat. Actions and intentions are completely different, writes Estrich, who, by the way, is the first woman to head the Harvard Law Review. 

"The way prosecutors usually deal with guys like Blagojevich, who say things they shouldn’t but can’t be prosecuted for, is to drag them in front of a grand jury and ask them if they ever said what they know they said," Estrich wrote in commentary today. "Then, when under oath, if they deny ever saying it, they’re guilty of perjury. Think Scooter Libby."

Fitzgerald should have waited to go after Blagojevich until he could have put all witnesses before a grand jury, but he couldn’t because the investigation was already being leaked. Estrich almost grudgingly asserts:

Which means that there is a chance, a very real chance, that Blagojevich could beat this. He knows that. That’s why he’s going nowhere. He also knows that if you just hang in there and make some smart moves, you can make other people almost as uncomfortable as you are about what you’ve done wrong.

Maybe Burris can get the signatures he needs back in Illinois. Maybe the Senate in D.C. will cave. In the meantime, Blagojevich is going to work every day, and Fitzgerald has his work cut out for him. It’s very hard to get a guy who can stand the heat out of the kitchen. Illinois may be short a senator, but Blagojevich is still cooking with gas.

While it’s unclear what will come of all this mess, one thing’s for sure — Blagojevich has secured his place in America’s political history. Whether or not that’s a good thing depends on who you ask, but we’re sure he’s loving it!