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Blagojevich,

Fitzgerald,

arrest,

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Tuesday

31Mar2009

U.S. ATTORNEY'S DEADLINE TO INDICT BLAGOJEVICH IS QUICKLY APPROACHING - 1 WEEK AWAY - APRIL 7! WHAT DO THEY REALLY HAVE ON HIM?

Tuesday, March 31, 2009 at 06:00AM

ex-Illinois Governor Rod Blagojevich

Putting the question of ex-Illinois Governor Rod Blagojevich's sanity aside, are we then left with a real criminal or just a guy with helmet-head hair? I say the latter.

We are approaching the EXTENDED deadline for U.S. Attorney Fitzgerald to formally charge Blagojevich in alleged pay-to-play schemes, including the attempted sale of then President-elect Obama's Senate seat. Judge Holderman gave Fitzgerald a 90-day extension to indict him - just one week away - April 7.

Remember, Fitzgerald said the charges against Blagojevich were so severe they would "make Lincoln roll over in his grave." So what's the holdup?

Since that bold statement, no official charges have been filed and all this time has passed. I suspect the charges against Blagojevich are going to be trumped up. I am not saying he should not be charged with criminal misconduct; however, I do not think he will be charged with the serious offenses that were initially alleged. I think that the U.S. Attorney jumped the gun and arrested Blagojevich a bit too soon. The Feds should have waited for the money to exchange hands in the sale of the Obama Senate seat.

What did Blagojevich really do that was so illegal? He may have WANTED TO OR DESIRED TO sell the Obama Senate seat but conversations with multiple F-BOMBS about that desire are not enough to charge him with a crime. Remember "ATTEMPT" requires a SUBSTANTIAL STEP to be taken and it wasn't!

Agreed that Blagojevich was an outta-control Governor disliked by most BUT is he a criminal? My bet is NO - he's a wannabe criminal at best.

We shall see...

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April 7,

Blagojevich,

Fitzgerald,

arrest,

crime,

indict,

pay-to-play,

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Gov. Blagojevich

Monday

19Jan2009

BLAGO DUE PROCESS VIOLATION #1 - DEFENSE UNABLE TO CALL EMANUEL

Monday, January 19, 2009 at 10:08AM

DUE PROCESS VIOLATION #1: MR. EMANUEL, IT'S OK TO TALK ABOUT BLAGOJEVICH & YOUR CONTACT WITH HIM REGARDING THE SENATE SEAT ON NATIONAL TV BUT YOU ARE PROTECTED FROM TESTIFYING! Aude Guerrucci-Pool / Getty Image

As we know, U.S. Attorney Patrick Fitzgerald asked the Senate not to call certain witnesses (including Obama's top aides) at Blagojevich's impeachment trial because it would "significantly compromise" an ongoing criminal investigation. Article here. And since Senate rules not not automatically grant subpoena power to the defense, Blagojevich's lawyers won't be able to call witnesses in his defense either.

Remember, the main reason the Governor's arrest and subsequent impeachment was initiated at the time that it was was because Blagojevich was allegedly trying to sell President-elect Obama's Senate seat.

Interestingly, however, Rahm Emanuel, Barack Obama's chief of staff, said yesterday (1/18/09) in an interview with NBC's "Meet the Press" that Gov. Blagojevich "did not ask for anything improper in their discussions about Obama's Senate successor." He further stated that "he talked with Blagojevich and the governor's ex-chief of staff about the type of person who should replace Obama. But Emanuel said he never got the impression that Blagojevich wanted anything improper in return for naming a replacement. Article here.

So my question is this: How can Mr. Emanuel go on national TV and speak about the Governor and his alleged sale of the Senate seat but he's protected from testifying, under oath, about the very same issue? How is this fair? Clearly, the people who are being protected by Fitzgerald and the Senate are willingly going on television to speak about the "ongoing" criminal investigation! You would think if their testimony were such a potentially damaging interference, these people (like Emanuel) would not speak to the press!

Essentially, Mr. Gregory can question Emanuel on camera but Attorney Genson cannot question Emanuel under oath. This is patently unfair. Maybe Genson can submit the transcript from the interview into evidence?

tagged

senate,

subpoena in

Criminal Defense,

Gov. Blagojevich

Monday

19Jan2009

BLAGO IMPEACHMENT TRIAL: EXPECT OBVIOUS DUE PROCESS VIOLATIONS

Monday, January 19, 2009 at 06:00AM

Illinois Senate room

On Friday, January 16, 2009, Gov. Blagojevich's lawyers stated they are withdrawing from representing Gov. Blagojevich in his impeachment trial before the Senate. (The House voted to impeach, next a trial is held before the Senate.) Instead, the attorneys will boycott the trial; in essence, they presume Blagojevich will be impeached without being afforded due process of law - they expect the trial to be totally one-sided and unfair. Article here. They are, however, still representing him at his federal criminal trial.

Per the request of U.S. Attorney Patrick Fitzgerald, the Senate will not call any witnesses that are listed in the federal criminal complaint against the Governor because doing so may allegedly interfere with the criminal case against Blagojevich. Instead, the complaint itself will be admitted into evidence but it's essentially impossible for that complaint or the witnesses listed in that complaint to be challenged.

I agree with Blagojevich's lawyers: there are patently obvious Due Process violations. I am not saying that Blagojevich should not be impeached; I am saying, however, that he should be given a fair trial!

1) No objections allowed
2) Hearsay is admissible
3) Unsworn statements allowed
4) Key witnesses in named federal complaint will not be subpoenaed
5) There is no standard of impeachment
6) There is no burden of proof (i.e., proof beyond a reasonable doubt, preponderance of evidence, etc.)

Ed Genson's argument before the House panel is compelling and fascinating. Even though he is defending the Governor, Genson is powerful and convincing. He explains that the separation of powers is a "fundamental principle & the power of impeachment does not fit within the separation of powers."

Quoting Genson says we are talking about non-criminal matters against Blagojevich. IL does not give standard for impeachment so look to other law in other states. The standard is functional equivalent of "high crimes and misdemeanors."

Genson says the standard should be no less than standard of impeachment for a judge of a Supreme Court. His counsel was allowed subpoena power (24 witnesses), was allowed to cross-examine. In this case, he wasn’t allowed to cross-examine.

I agree with Mr. Genson. The Governor will not be afforded Due Process at the trial so it's pointless to even attend. Instead, let the Supreme Court decide the executive power, the proper standard of impeachment, the burden of proof and whether Genson has subpoena power; and most importantly, whether Blagojevich's Constitutional right to Due Process was violated.

Watch Ed Genson's argument to the panel here.

* MUST I SAY IT AGAIN? I'M NOT DEFENDING THE GOVERNOR! I'M DEFENDING OUR CONSTIUTIONAL RIGHTS & JUDICIAL/EXECUTIVE PROCESS!

1 Comment |

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appeal,

senate,

trial in

Gov. Blagojevich

Friday

02Jan2009

GOV. BLAGOJEVICH APPOINTS: LEGISLATURE'S STALL IS PARTIALLY TO BLAME

Friday, January 2, 2009 at 06:00PM

*** Governor Blagojevich is not the only elected-official harming our state! *** (AP Photo/M. Spencer Green)

On December 9, IL Governor Rod Blagojevich was arrested for allegedly creating a pay-to-play scandal and also for attempting to sell the vacant Senate seat, left behind by President-elect Obama. Immediately after his arrest, Gov. Blagojevich stated he would be open to the IL legislature's passage of a bill for a special election to fill the seat. But, the bill never came...

Instead of attempting to pass this bill, and get a special-election going, our local politicians were busy initiating an impeachment proceeding against the Governor and going on a media tour, discussing the case with anyone who would listen. So, after three weeks passed, Gov. Blagojevich made the appointment to Roland Burris - a 71-year old, retired IL Attorney General.

Now, everyone's upset. But, really, it's not the Governor who is single-handedly adversely affecting our state.

Fitzgerald's arrest of Blagojevich on December 9 cost our state an immense amount of money. IL State Treasurer Alexi Giannoulias said: "The legal problems surrounding Gov. Rod Blagojevich have already cost the state more than $20 million. The state was forced to delay its plan to borrow $1.4 billion last Thursday as a result of the governor’s arrest and missed the chance to sell short-term bonds at reduced interest rates. News of the governor’s legal situation, a rating downgrade and market volatility drove up the interest rate by several percentage points on the bonds sold today." Had Fitzgerald waited until after Thursday, December 11, just two days later, we would not have lost so much money.

As a side note, Treasurer Giannoulis said all the way back in February, 2008: “Last year, there was a compete lack of leadership. We see (U.S. Sen.) BARACK OBAMA, who’s traveling the country and he’s uniting people regardless of background and party. And here, we have a guy who is dividing his own party. … He’s the anti-Obama.” Obviously, political disgust (and public) of our Governor has existed for a long time. Why weren't impeachment proceedings initiated long before the alleged Senate-seat scandal? (By the way, Alexi Giannoulias is one of the most respected politicians in our state. He has a great future ahead of him. I hope he runs for Governor!) IL State Treasurer Alexi Giannoulias

Now, because of the failure to impeach the Governor months, if not years, ago, and the failure to submit a special-election bill to the Governor for the Senate-seat when time was of the essence, the Governor was in a position where he had to appoint a senator. Without the appointment, we would be without a seat in the Senate. And next week, the Democrats need the seat filled for a vote on an economic stimulus package. What was he supposed to do? Leave us under-represented in Washington?

Of course, many will say the best decision would have been and continues to be that he step down and allow Lt. Governor Pat Quinn to take his place. I think Pat Quinn is fully qualified; I've met him several times and he is quite passionate about his work and extraordinarily genuine. Problem is, everyone knew Blagojevich planned to fight for his innocence and would not step-down. As a result of his expected defiance, our elected officials should taken preemptive measures more quickly.

I think we should start to question the strategies behind everyone, not just the Governor. Why did Fitzgerald have to make the arrest on that day? Why couldn't he wait? And why does he now need 90 more days to prepare the indictment? Why didn't the IL Legislature present a special-election bill to the Governor? They had 3 weeks to do so and yet they failed...now they want to fight the appointment of Roland Burris but it may be too late...

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Obama,

senate in

Tuesday

30Dec2008

Tamara on Fox News "Your World with Neil Cavuto" Discussing Blagojevich's Senate-Appoinment of Roland Burris

Tuesday, December 30, 2008 at 06:00PM

12-30-08: Here is the clip of my interview from Fox News "Your World with Neil Cavuto" regarding today's Senate appointment of Roland Burris by IL Gov. Rod Blagojevich.

Before you get all worked up about my position, please understand I am NOT defending Gov. Blagojevich. I am simply saying that the process must be protected. There are two proceedings our governor is facing: criminal and impeachment. Due process is required for both. A burden of proof and a standard is also required.

Again, I am NOT defending the Governor; I am, however, defending the process.