We’re told that ignorance is no defense… except when the law is so poorly defined that it “really is.”

Case in point: Richard Scrushy, the ousted founder of HealthSouth.

During his fraud trial, some pundits wondered whether he could put away the ego and admit to “not being in charge of the ship.” It was his only real defense, as five former CFOs took the stand to implicate him.

Some would go down swinging, especially those who are so concerned about their reputations and public personae.

The dynamic that played out here was a quirk of the new Sarbanes-Oxley law: it required “proof of knowledge.” One had to knowingly violate it — and science-fiction aside, there is no way short of a paper trail of proving what is going on in someone’s head.

So the state couldn’t make a case, Scrushy was acquitted, and now he’s touring state pulpits as a reformed man. He recently appeared on Hannity and Colmes, painting himself as a cockolded spouse:

“I think the buck stops with the people that are guilty,” Scrushy said. “In any situation you can be deceived. Take, for example, a husband and wife, live together for many, many years. The wife finds out the husband was having an affair. They sleep in the same bed every night. They brush their teeth in the same bathroom. They eat together every day for years. So, if you’re deceived, if something is concealed and not shown to you or if no one tells you about it, you shouldn’t be held responsible for something you had nothing to do with.”

Scrushy said a company as large as HealthSouth makes it more difficult to monitor what everyone is doing.

“I do know that when you have big corporations and you have a lot of people – the CEO – there is no way that he can know everything,” he said.

The folks over at CFO.com took a different read, calling it the “Sergeant Shultz defense:

Last night, Sean Hannity and Alan Colmes made Larry King look like Edward R. Murrow. I’m referring to Hannity and Colmes’s cartoonish interview of Richard Scrushy on FOX.

Scrushy didn’t need to break a sweat in reprising his ”Sergeant Schultz” defense — that he ”knew nothing” while his rogue underlings, including five former chief financial officers, committed a $2.7 billion fraud at HealthSouth.

The pathetic bipartisan duo allowed Scrushy to say things like “the buck stops with people who were guilty,” to compare his innocence to the person who is unaware of their spouse’s transgressions even though they share a bed, and to assert that the government didn’t spend that much time investigating his case.

Why the fuss? The Scrushys still aren’t out of the woods yet, with civil suits (and a lower burden of proof) still looming. Expect the positioning to continue.