The opposition to any of the charges in the Blagojevich Case stems in 'Freedom of Speech' as opposed to 'spun laws' by the US Attorney.
The reason Homeland Security decided to 'help out' was to try to prove a 'long term' trend in the methodologies of a supposed maniacal Governor and staff.
The charges are contrived WITHOUT the 'reality' of the political culture at work and NO ONE works in a vacuum at any level.
What any 'illegal' or 'legal' wiretaps prove in this case is an oppressive political culture that demands 'certain' behaviors of their leaders to maintain their political status / 'estates.'
The 'idea' of conspiracy and solicitation in this application are unclear and can be easily appealed.