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This just in… Flip-flop on lawsuit? *** And back again? *** Serious dissension in the ranks *** Genson: “I don’t know about a lawsuit” ***

Thursday, Jan 22, 2009 - Posted by Rich Miller

* 5:27 pm - From the AP

An attorney for Gov. Rod Blagojevich tells the Associated Press he could file a lawsuit within days to try to stop impeachment trial.

It was dead certain a few hours ago that there would be no lawsuit [I checked]. Stay tuned.

*** 6:04 PM *** I’m not sure if there was a miscommunication somewhere with the AP, or between lawyers or whether the Trib site had problems or what yet, but Genson tells the Tribune in this late-breaking report that there will be no lawsuit, and the original AP story referenced above was pulled off the site…

Genson also said that the legal team does not plan to sue to try to stop the impeachment trial from starting Monday or to try to block Blagojevich’s removal should the Senate vote to remove the governor from office.

“We had planned to file a lawsuit in the Illinois Supreme Court. We are not doing that,” Genson said of the Monday start date in the Senate. “There’s going to be no suits filed. I can say that with confidence.”

*** 6:13 PM *** Here’s a longer version of the AP story mentioned at the top. It appears that the two lawyers are at odds on this one. I’m pretty sure I know what’s going on, but need to find out more…

One of Gov. Rod Blagojevich’s attorneys tells The Associated Press he could file a lawsuit within days in an attempt to stop the governor’s impending impeachment trial.

Speaking outside his Chicago office alongside Blagojevich on Thursday, attorney Samuel E. Adam said rules for calling witnesses and mounting a defense at the state Senate trial are unfair.

So, Adam says the lawsuit is a “go” and Genson said it’s a “no.” This is bizarre, because Genson was pushing for the lawsuit for the past several days and Adam was against it. Adam won that battle, Genson was upset and made his feelings known today

Illinois Gov. Rod Blagojevich’s lead criminal lawyer says he’s being left out of decisions on responding to the impeachment trial that could throw the governor out of office. […]

Genson says he isn’t involved in decisions on impeachment.

He said: “I should be, but I’m not.”

Yet, now, Adam is saying they are filing the suit. So, did Genson win? Stay tuned.

There’s as much drama on the governor’s defense team as there is in his administration.

What a mess.

*** 7:55 PM *** [posted by Mike Murray]

More drama

Speaking outside his Chicago office alongside Blagojevich in the afternoon, attorney Samuel E. Adam told the Associated Press he might file a suit within days to attempt to derail the proceeding, set to begin Monday in Springfield. Earlier in the day, Blagojevich called the trial unfair and “a sham.”

Asked about Adam’s statement later on, Blagojevich’s lead criminal-defense lawyer, Edward Genson, said if a lawsuit was to be filed, the information hadn’t been shared with him. “I don’t know of any lawsuit,” Genson said. “I don’t know anything about it.”

       

66 Comments
  1. - wordslinger - Thursday, Jan 22, 09 @ 5:37 pm:

    A multiple-personality defense, perhaps?


  2. - Six Degrees of Separation - Thursday, Jan 22, 09 @ 5:38 pm:

    Lawsuit today, jumpsuit tomorrow.


  3. - Rich Miller - Thursday, Jan 22, 09 @ 5:38 pm:

    These guys are gonna kill me for sure. lol


  4. - IrishPirate - Thursday, Jan 22, 09 @ 5:44 pm:

    Rich,

    just hang in there. In a matter of weeks the likelihood is that Quinn will be Governor and Blago will be in Lake Geneva at Mell’s house.

    Then you can start covering the machinations behind the coming February 2010 Gov primary.

    For now I prescribe two Guinness and watching the final game of the White Sox series victory on DVD.


  5. - elliot ness - Thursday, Jan 22, 09 @ 5:46 pm:

    My prediction was right in the last thread


  6. - Anonymous Coward - Thursday, Jan 22, 09 @ 5:46 pm:

    AP:

    Illinois Gov. Rod Blagojevich’s lead criminal lawyer says he’s being left out of decisions on responding to the impeachment trial that could throw the governor out of office.

    Chicago attorney Ed Genson told The Associated Press on Thursday he doesn’t know whether Blagojevich will mount any defense in next week’s trial.

    Genson also says he doesn’t have any idea whether the governor might go to court in an effort to block the trial. He says those decisions are being handled by Blagojevich’s other Chicago attorneys, Sam Adam and his son, Samuel E. Adam.

    Genson says he isn’t involved in decisions on impeachment.

    He said: “I should be, but I’m not.”

    Genson said he’s still representing the Democratic governor in his federal corruption case.

    A message left at the Adams’ office Thursday was not immediately returned.


  7. - UGGHHH - Thursday, Jan 22, 09 @ 5:52 pm:

    == These guys are gonna kill me for sure. lol ==

    Imagine how the House and Senate staff must be feeling right now.


  8. - plutocrat03 - Thursday, Jan 22, 09 @ 5:55 pm:

    Sort of like deep sea fishing.

    Once you have him hooked up pretty good, he will zig and zag until you or he get tired and make a mistake.

    Let no one rest because a wounded animal is a dangerous animal. If by some chance Gov. B is not removed from office he will do incredible damage to the state, its employees and citizens


  9. - Undercover - Thursday, Jan 22, 09 @ 5:57 pm:

    Blago’s totally going AWOL. It will be a national “Where’s Waldo?” game of epid proportions.


  10. - A Citizen - Thursday, Jan 22, 09 @ 6:00 pm:

    … and he will fight fight fight extradition from Wisconsin!


  11. - Anonymous Coward - Thursday, Jan 22, 09 @ 6:02 pm:

    More:

    Gov. Rod Blagojevich’s criminal defense attorney Edward Genson said today that he expects the governor to be convicted and removed from office at next week’s Senate impeachment trial.

    “I hope not, but as far as I know, the people in the Senate are more likely than not to convict him and he will be removed from office. I don’t welcome it, but I expect it,” Genson told the Tribune.

    Genson also said that the legal team does not plan to sue to try to stop the impeachment trial from starting Monday or to try to block Blagojevich’s removal should the Senate vote to remove the governor from office.

    “We had planned to file a lawsuit in the Illinois Supreme Court. We are not doing that,” Genson said of the Monday start date in the Senate. “There’s going to be no suits filed. I can say that with confidence.”

    Genson also said neither Blagojevich nor any of his representatives will be at the impeachment trial.


  12. - Rich Miller - Thursday, Jan 22, 09 @ 6:08 pm:

    I swear, they’re gonna kill me. Jeebus.


  13. - Anonymous Coward - Thursday, Jan 22, 09 @ 6:17 pm:

    Yeah, hitting F5 in your browser/RSS feed reader is like spinning the roulette wheel…


  14. - Bookworm - Thursday, Jan 22, 09 @ 6:18 pm:

    I bet this happened: Genson finally told Blago in no uncertain terms that he had NO chance of winning a lawsuit and he wasn’t going to go along with any more of this nonsense. Blago did not want to hear that, so he’s thrown Genson under the proverbial bus; Adam, meanwhile, is still playing along with the gov’s delusions.


  15. - A Citizen - Thursday, Jan 22, 09 @ 6:20 pm:

    Ah, Rich, “May You Live In Interesting Times!”


  16. - tc - Thursday, Jan 22, 09 @ 6:22 pm:

    Rich, you need to add in the conflict between the lawyers and whoever is left in his official office.

    I am sure the tension is even greater in that relationship!


  17. - yep - Thursday, Jan 22, 09 @ 6:24 pm:

    Bookworm has it head on.

    Blago is going with whoever will enable him at this point.

    It ain’t his staff. It appears it ain’t genson. Adam is all he has left.


  18. - wordslinger - Thursday, Jan 22, 09 @ 6:27 pm:

    In the Friends of Blago filing yesterday, there was $500,000 for Genson, $100,000 for Soronsky and nada for Adam Jr.

    What’s up with that?


  19. - Levois - Thursday, Jan 22, 09 @ 6:27 pm:

    I call confusion..err…shenanigans!


  20. - 47th Ward - Thursday, Jan 22, 09 @ 6:28 pm:

    Laying the groundwork for an “incompetent defense” appeal?

    His direction to counsel is similar to his approach to governing. At least Rod is consistent.


  21. - Bookworm - Thursday, Jan 22, 09 @ 6:39 pm:

    If that’s the case, Yep, then we should all pray that Sam Adam comes to his senses before it’s too late.

    Maybe he and Genson should insist, as a condition of providing him ANY more legal assistance for his criminal case, that he resign immediately and get some serious counseling or treatment for whatever his problem may be.


  22. - Pot calling kettle - Thursday, Jan 22, 09 @ 6:50 pm:

    Adam is getting paid f*****g gratitude. Wait ’til he finds out you can’t pay bills with that. :)


  23. - Pot calling kettle - Thursday, Jan 22, 09 @ 6:54 pm:

    This beats any fiction I’ve read or movies or TV I’ve seen lately. If everyone would speak in iambic pentameter, this would be perfect.


  24. - Frank Booth - Thursday, Jan 22, 09 @ 6:59 pm:

    Why should his defense be any different than his administration?


  25. - Downstater - Thursday, Jan 22, 09 @ 7:24 pm:

    So will it be the Sergeant at Arms that escorts the governor from his office, the state police, or somebody from one of the state’s remaining funny farms?

    Or, will it be like the papacy during the Middle Ages when one pope rules in Rome and another in Avignon, France?

    Could we see Quinn take the oath of office and serve the state from the ceremonial digs in the Statehouse while Blago’s lackeys hole up in the James R. Thompson Center listening to the rabid rambling curses of Rod spew forth from a speaker phone?

    How will Rich Miller react? How can he report from two cities at once? Will he activate every former intern with a heartbeat to cover the crisis?

    Oh my! What will Rod do? What will Rich do? What will we do other than keep spending precious hours on the Capitol Fax blog waiting for the next precious tidbit of data?

    Oh my indeed.


  26. - HoBoSkillet - Thursday, Jan 22, 09 @ 7:31 pm:

    Downstater - Oh my indeed… I think I’m wearing out the refresh button on my web browser trying to keep up with events.

    On a separate note, I “almost” am beginning to feel bad for Genson. Sure he’s defended shady characters in the past, but this case must have him pining for the good ole days of defending R. Kelly, Conrad Black, and organized crime characters…..


  27. - Downstater - Thursday, Jan 22, 09 @ 7:33 pm:

    HoBoSkillet,

    Yeah I concur. At least organized crime is, well, organized.


  28. - Kevin Fanning - Thursday, Jan 22, 09 @ 7:40 pm:

    lol


  29. - A Citizen - Thursday, Jan 22, 09 @ 7:46 pm:

    Well, things are cooking now - Rich has called in and put on the clock a retired intern!


  30. - Kevin Fanning - Thursday, Jan 22, 09 @ 7:59 pm:

    haha, the new intern is on the clock now. I’m just hovering.


  31. - Truth - Thursday, Jan 22, 09 @ 8:05 pm:

    I still can’t figure out why Blagojevich wasn’t an effective Governor.


  32. - Bookworm - Thursday, Jan 22, 09 @ 8:08 pm:

    Zorn blasts the “no due process” argument to smithereens in this post:

    http://blogs.chicagotribune.com/news_columnists_ezorn/2009/01/blago-blasts-the-rules.html

    He notes that the impeachment trial rules are not much different from criminal trial rules that give the defense the right to call witnesses — but not necessarily any old witness they want.


  33. - A Citizen - Thursday, Jan 22, 09 @ 8:09 pm:

    - Truth -
    According to some professionals in the business I asked, it is their considered opinion that he suffers from a condition known as “Being Nuts”.


  34. - HoBoSkillet - Thursday, Jan 22, 09 @ 8:09 pm:

    hahaha, yeah truth, that little detail is perplexing me as well.


  35. - DzNts - Thursday, Jan 22, 09 @ 8:16 pm:

    The similiarities between this saga and the movie “Gotti” are incredible. What is really worth questioning, though, is whether Blagojevich’s “scheduled” morning run is on state time or whether he’s using some accrued vacation time? There are a lot of state workers, working faithfully for 9-10 hours a day, and those working disaster scenes for days on end without a day off - let alone paid time to jog - who should be irate (not to mention the taxpayers paying for those 9 minute miles). At what point does ghost payrolling become a legitimate question?


  36. - Anonymous Coward - Thursday, Jan 22, 09 @ 8:20 pm:

    @DzNts re: “ghost payrolling”

    Slightly-off-topic segue:

    “Satyam founder Ramalinga Raju added 13,000 invented employees to the firm’s payroll so he could siphon off their wages, Indian prosecutors have claimed.”

    http://www.channelregister.co.uk/2009/01/22/satyam_in_court/


  37. - Cheswick - Thursday, Jan 22, 09 @ 8:29 pm:

    In re Mr. Adam, not necessarily in this order:

    * He told us he’s with the governor all the way;
    * He sat in on impeachment hearings as if he was attorney for the governor;
    * At one point he whispered that he and Mr. Genson should walk out of the impeachment hearings, whereupon Mr. Genson overruled him;
    * At another point we were informed that he wasn’t the governor’s impeachment lawyer;
    * He approached then General Burris to see if he wanted to go to the U.S. Senate;
    * Despite having previously said he was with the governor all the way, he decided not to rep the Gov in the Senate hearing;
    * Now he decides to sue on behalf of the gov thereby overruling Genson’s decision not to sue.

    My head is spinning a little, so I’m sure I’ve left something out.

    In the meantime, who is paying him and how much?


  38. - Blago Sphere - Thursday, Jan 22, 09 @ 8:36 pm:

    Mr. Adam

    * Despite having previously said he was with the governor all the way, he decided not to rep the Gov in the Senate hearing;
    * Now he decides to sue on behalf of the gov thereby overruling Genson’s decision not to sue.

    {Genson says he isn’t involved in decisions on impeachment.

    He said: “I should be, but I’m not.”}

    The Governor may end up suing each of them separately; or together, and they could end up suing each other as well.

    Since he is not representing the Governor in the impeachment trial however; David Ellis should subpoena him to testify in the Senate trial with regard to the Burris appointment.


  39. - Bookworm - Thursday, Jan 22, 09 @ 8:39 pm:

    Also, speaking of dissention in the ranks, there were a couple of awkward moments at the first meeting of Lt. Gov. Quinn’s reform commission today:

    http://www.jg-tc.com/articles/2009/01/22/ap-state-il/d95sgdcg1.txt

    I wonder what this bodes for a Quinn Administration?


  40. - Pot calling kettle - Thursday, Jan 22, 09 @ 8:47 pm:

    This just in: Sam Adam Jr. delivered a package from the Governor to the State Senate President’s office. It apparently contained his left ear.


  41. - Cheswick - Thursday, Jan 22, 09 @ 9:09 pm:

    Now that Blago has paid Jim Thompson’s firm (in full?), I do wonder if he isn’t going to try and employ them in some aspect of this. Not that they would take the case, I don’t think.


  42. - S. Illinois - Thursday, Jan 22, 09 @ 9:13 pm:

    Oh my gosh Bookworm…an open and unscripted debate on policy! The horror! It think this is exactly the kind of honest discussion that needs to take place. As an example, Rev. Willis is right about political dynasties and Dan Hynes is correct about not being disqualified just because his father held office. Hopefully the discussion will lead to the middle ground where we recognize that those family dynasties enjoy unfair political advantages (power of the office to promote the name brand, ability to resign office and set up a relative to be installed in your place, etc.) I think there are some honest brokers on that panel that can nurture this discussion into something real and helpful. At least I hope so.


  43. - Blago Sphere - Thursday, Jan 22, 09 @ 9:24 pm:

    BW,

    You have to like this fancy piece of editing:

    {So far the legislature _ none of whose leaders were on hand Thursday _ has been willing to follow most other states in putting limits on campaign contributions.}

    {”If you’re asking whether I think I should be disqualified from office because my father had an office, then I disagree,” Hynes said.}

    No; you seem to have misinterpreted what I am saying. What I am suggesting is that a few politically empowered families should not be able to cut a back room deal which clears the field for a neophyte candidate who is praciticing as a health care lawyer to run as the endorsed candidate for Comptroller and enter and emerge from the primary election un-challenged.
    Especially considering he has never been eleected to public office before, but his first effort is a statewide candidate.

    {former state Sen. Steve Rauschenberger, R-Elgin, said “the level of corruption in Illinois is unprecedented and unmatched” and asked “why Illinois’ 100 state’s attorneys are not more engaged in uncovering it and prosecuting it.”

    Cook County State’s Attorney Anita Alvarez, a commission member, sat expressionless as he spoke.}

    Get used to that pose. I am afraid she does not have a clue.


  44. - Bookworm - Thursday, Jan 22, 09 @ 9:25 pm:

    If Quinn isn’t afraid to tackle these kinds of issues, then there is hope for our state yet.

    I had to laugh at Blago’s remarks to Jay Levine that his “illegal” impeachment trial means the “next governor” will be afraid to confront GA members over policy differences!


  45. - Anonish - Thursday, Jan 22, 09 @ 9:31 pm:

    I didn’t know that an insanity plea applied to your legal representation


  46. - Marianne North - Thursday, Jan 22, 09 @ 9:32 pm:

    Blagojevich complained this AM on the radio (he was interviewed during his morning jog) that he was was not allowed to call witnesses and that Rahm Emmanuel said on Meet the Press there was no connection between Obama and Blagojevich. Oh, the injustice. Life’s just not fair.


  47. - Blago Sphere - Thursday, Jan 22, 09 @ 9:34 pm:

    BW,

    It also looks like there is a serious imbalance of minority and Big 10 representation as well. This panel could be well served to add Chief Illiniwek, if for no other reason to perform at halftime since these meetings are open to the public.


  48. - Blago Sphere - Thursday, Jan 22, 09 @ 9:43 pm:

    This Just In:

    Blagothon Friday:

    {Embattled Illinois Gov. Rod Blagojevich is launching a media offensive of sorts with at least two Chicago radio appearances set for Friday.

    WLS-AM 890, which on Thursday made a big show of offering Blagojevich a weekend radio show if he would resign as governor, said it had booked him for an interview with Don and Roma Wade in the 7 a.m. hour.

    WVON-AM 1690 said Blagojevich will address recent developments regarding his impeachment trial in a visit with host Cliff Kelley at approximately 4:10 p.m.}


  49. - wordslinger - Thursday, Jan 22, 09 @ 9:45 pm:

    Nice little Freudian slip by Blago today:

    “My lawyers, who’ve been paid unfortunately, have chosen not to participate in the impeachment process….” i


  50. - A Citizen - Thursday, Jan 22, 09 @ 10:02 pm:

    I’m getting whiplash from all this - I hope it never ends versus won’t this ever end. When/If it’s over, Rich owes us all some professional therapy!


  51. - Quizzical - Thursday, Jan 22, 09 @ 10:09 pm:

    Channel 5 just said Rod wants to tell his side of the story on ‘The View’.

    Should they do it up on SNL this weekend or wait until after the actual performance?


  52. - Anonymous - Thursday, Jan 22, 09 @ 10:10 pm:

    DzNts-Governors don’t get sick or vacation time. They are paid a salary for being Governor. They would continue to be paid if they never “came to work” a single time during their term (until they were impeached, anyway)


  53. - Anon - Thursday, Jan 22, 09 @ 10:11 pm:

    Are those lawyers or Keystone Kops?


  54. - wordslinger - Thursday, Jan 22, 09 @ 10:16 pm:

    Sam Adam Jr., aka Ralph Kramden, was just on Channel 7 proclaiming very loudly and animatedly that he was “trying to figure out how to get in the Illinois Supreme Court, federal court, even the world court if they’ll have me.”

    Homana, homana, homana. Bang, zoom!


  55. - Bookworm - Thursday, Jan 22, 09 @ 10:25 pm:

    Why stop with the World Court — go all the way to the Federation of Planets or the Galactic Senate if necessary. To the moon, Blago!


  56. - DuPage Dan - Thursday, Jan 22, 09 @ 10:29 pm:

    If someone tried to sell a novel with this story no one wouldn’t believe it


  57. - Gregor - Thursday, Jan 22, 09 @ 11:47 pm:

    I think I’ve seen this movie before. If Margaret Dumont shows up, I’ll know for sure.

    Meanwhile, Blago was seen on Priceline dot com scoping out 2 discount tickets to Elba.


  58. - Question - Thursday, Jan 22, 09 @ 11:48 pm:

    Rich / Kevin -
    Why is Quinn bringing Filan back? He has been behind some of the most crazy ideas to come out of Blago’s budget.


  59. - South Side Mike - Friday, Jan 23, 09 @ 6:48 am:

    I think the strategy may be, if Blago’s going to end up in a padded cell, they want Rich right next to him. From the profile done on Rich posted last week, that part of the bleeping ward would be for bleeping adults only!

    And Word@9:45, that is some slip. I can’t wait to see what show the circus comes up with next.


  60. - Anonymous Coward - Friday, Jan 23, 09 @ 6:49 am:

    World court?

    What’s next, is he going to have Colin Powell take it before the United Nations Security Council?

    France won’t even have him…


  61. - Princess - Friday, Jan 23, 09 @ 6:50 am:

    Pearl Harbor? Going on the View? National Media Bliz? Oh-my-God. We’re only trying to ‘get rid of’ him so ‘they’ can raise taxes on the people?

    I feel as if we’ve entered the Twilight Zone.


  62. - phocion - Friday, Jan 23, 09 @ 7:08 am:

    Gregor - very nice use of two semi-obscure references. Funny!


  63. - wordslinger - Friday, Jan 23, 09 @ 7:13 am:

    Rod outside the house this morning:

    “unconstitutional trial”

    “let me call Rahm Emanuel, Valerie Jarrett, Congressman Jackson”

    “my sixth amendment rights”

    “legislature that wants to hurt people”

    “big tax increase coming if I’m removed”

    “fighting the special interests”

    “appealing to the people”

    Going to be a long day.

    To his credit the anchor dude on Fox would have none of it and whacked Rod for his comparison of his plight to the attack on Pearl Harbor.

    Tora, tora, tora.


  64. - Fitz 2010 - Friday, Jan 23, 09 @ 7:30 am:

    guv to appear on Don and Roma show in a couple minutes…

    http://www.wlsam.com/article.asp?id=152352


  65. - South Side Mike - Friday, Jan 23, 09 @ 7:34 am:

    “Appealing to the people”?!?!

    If every person in IL gathered around his house and booed him, I could see him asking, “Are you saying ‘Boo’ or ‘Boo-gojevich’?” And I don’t think there’s even a single Hans Moleman or Bill left who would say, “I was saying Boo-gojevich.”

    This will be a long, long day. Forget the deep end. Blago’s off the Mariana Trench.


  66. - Tao of Rod - Friday, Jan 23, 09 @ 7:41 am:

    * LIVE * on Don & Roma NOW !
    Rod’s not answering the questions, and repeating himself over and over again.
    Bottom line: It’s all about taxes increases. Not about Rod and his corruption.


Sorry, comments for this post are now closed.


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