SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
Feds respond to Blagojevich filing

Friday, Jul 18, 2014

* AP

Prosecutors have responded to a new argument that former Gov. Rod Blagojevich submitted this week to a federal court considering his appeal. […]

Blagojevich’s lawyers say an April ruling by the high court found that soliciting contributions is corruption only when a politician makes explicit promises to take official action for a donation.

But prosecutors say that’s a misreading of the ruling in McCutcheon v. the Federal Election Commission. They say the high court didn’t conclude an exchange had to be explicitly stated to constitute corruption.

* The full response

Pursuant to Fed. R. App. 28(j) and Seventh Circuit Rule 28(e), the government hereby responds to defendant-appellant Rod Blagojevich’s July 16, 2014 letter citing McCutcheon v. Federal Election Com’n, — U.S. —, 134 S.Ct. 1434 (2014) in support of his challenge to the jury instructions related to the quid pro quo element of criminal extortion in the context of campaign contributions. See Br. 51, quoting Tr. 5544.

As argued in the government’s brief at 55-57, the challenged instructions stated the applicable law consistently with this Court’s 2012 pattern instructions, and with the instruction approved in United States v. Giles, 246 F.3d 966, 971-73 (7th Cir. 1992). Where campaign contributions were involved, the instructions (like the instructions related to bribery and fraud) correctly conditioned a finding of guilt on proof that defendant attempted to exchange a specific requested exercise of his official power (including the Senate appointment, signing of the Racetrack bill, and implementation of the Medicaid reimbursement increase) for money or property in the form of such contributions.

In McCutcheon, the Supreme Court reaffirmed that campaign financing Constitutionally may be regulated to combat quid pro quo corruption or its appearance, but determined that the regulations challenged in that case— provisions of the Bipartisan Campaign Reform Act of 2002 (BCRA) related to aggregate contribution limits—were not appropriately crafted to meet that permissible objective, or to avoid unnecessary abridgement of associational freedoms protected by the First Amendment. 134 S.Ct. at 1441-42, 1456, 1462. Nothing in the decision suggests that an exchange of contributions for specific official acts is quid pro quo corruption only if the arrangement is stated “explicitly” or expressly. Accordingly, the decision provides no support for Blagojevich’s argument on appeal.

- Posted by Rich Miller        


6 Comments
  1. - Hotel Ibiza - Friday, Jul 18, 14 @ 2:48 pm:

    “Go to Jail. Go directly to Jail. Do not pass GO. Do not collect $200.” This series of phrases long ago entered the American lexicon. You often hear it when someone receives a sudden minor setback in a sports game or in life. In the actual game of Monopoly landing on “Go to Jail” can indeed be a minor setback, or it could be a godsend. A player can be sent to Jail in any one of three ways: land on the “Go to Jail” square, draw a Chance or Community Chest card directing him to go there, or roll doubles three times. On the third double the move is NOT completed, but the player goes “directly” to Jail. If you land on the Jail square itself, you are “just visiting”. It is kind of a free space (like “Free Parking”).


  2. - gopher - Friday, Jul 18, 14 @ 3:48 pm:

    Hate to say it but I think the Blago appeal makes some sense to me. The USA response is to say “well sure, but it doesn’t have to be explicit to be a bribe” but I thought their whole case was that it was explicit.


  3. - walker - Friday, Jul 18, 14 @ 3:57 pm:

    Often not a great fan of the Federal prosecutorial behavior, but I hope the Feds prevail in this argument. A lot of what goes on would be entirely clear to a jury, even if deliberately couched in ambiguous language. Let the bulk of all the evidence carry the day, rather than quibbling over some words used.

    We do want to attack corruption, don’t we?


  4. - Kizzoboy - Friday, Jul 18, 14 @ 4:13 pm:

    Blago appeal sounds logical. Pols can solicit contributions legally. Isn’t a whole campaign (including fund raisers) about making promises in exchange for votes or forms of First Amendment activity (speech, ads, etc)?


  5. - Black Ivy - Friday, Jul 18, 14 @ 4:21 pm:

    Governor Blagojevich’s attorneys make sound arguments, in my humble opinion. The U.S. Attorney’s Office’s position is specious, to say the least. #hopingforjustice


  6. - Demoralized - Friday, Jul 18, 14 @ 4:48 pm:

    @Kizzoboy:

    Overt quid pro quo is not the same as what you are talking about. A politician promising to do X, Y or Z if somebody votes for them or gives them a campaign contribution is a different ballpark than somebody specifically saying to somebody else if you give me X I’ll give you Y.


Sorry, comments for this post are now closed.


* Question of the day
* Pet shop criminals
* *** LIVE *** Gov. Rauner's Champaign speech
* U of I: No constitutional right to a faculty position
* Today's number: 1 hour
* Why We Need A Strong Civil Justice System: The civil justice system gives everyone a fair chance
* Simon Institute releases study of 2014 campaign
* The little guys are winning
* Chicago testing snub could cost state as much as $1.17 billion
* Poll: Emanuel 42, Garcia 18, Fioretti 10, Wilson 7, Walls 2
* Rauner hires experienced hand as legislative director
* Firing up the Democrats' base
* Yesterday's blog posts

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............

...............

...............


Search This Blog...

Search the 98th General Assembly By Bill Number
(example: HB0001)

Search the 98th General Assembly By Keyword

          
        * It's no Twitter, but Plague is an infectious social network
        * Google shares latest financial report, talks Nexus 6 shortages
        * Samsung and Apple tied in smartphone global market share for Q4/2014
        * Samsung intros Galaxy J1
        * HTC One M8 Lollipop availability keeps spreading, now hitting North America
        * A behind the scenes look at CyanogenMod’s new Theme Engine
        * Foot in mouth: how I learned to love the LG Tone Ultra

        * Tesla Model S P85D To Get Software Update That Makes It Even Faster
        * Spigen Hints At Galaxy S6’s Design In New Cases
        * Microsoft To Invest In Cyanogen Inc. [Rumor]
        * Cloud telco Nexmo saw its network traffic double in 2014
        * Interview with Huawei CMO Shao Yang
        * Google revenue falls short as competition on mobile intensifies
        * Delhi Uber Passenger Who Alleges Driver Rape Sues in U.S.

        * White Sox embrace their position as favorites
        * White Sox embrace position as contenders
        * What else is returning with Gordon Beckham?
        * The unlikely return of Gordon Beckham's unfortunate offseason tradi...
        * Viciedo designated for assignment to open roster spot
        * White Sox reunite with Beckham on one-year deal
        * White Sox reunite with Beckham on one-year deal

        ...............


        Main Menu
        Home
        Illinois
        YouTube
        Pundit rankings
        Obama
        Subscriber Content
        Durbin
        Burris
        Blagojevich Trial
        Advertising
        Updated Posts
        Polls

        Archives
        January 2015
        December 2014
        November 2014
        October 2014
        September 2014
        August 2014
        July 2014
        June 2014
        May 2014
        April 2014
        March 2014
        February 2014
        January 2014
        December 2013
        November 2013
        October 2013
        September 2013
        August 2013
        July 2013
        June 2013
        May 2013
        April 2013
        March 2013
        February 2013
        January 2013
        December 2012
        November 2012
        October 2012
        September 2012
        August 2012
        July 2012
        June 2012
        May 2012
        April 2012
        March 2012
        February 2012
        January 2012
        December 2011
        November 2011
        October 2011
        September 2011
        August 2011
        July 2011
        June 2011
        May 2011
        April 2011
        March 2011
        February 2011
        January 2011
        December 2010
        November 2010
        October 2010
        September 2010
        August 2010
        July 2010
        June 2010
        May 2010
        April 2010
        March 2010
        February 2010
        January 2010
        December 2009
        November 2009
        October 2009
        September 2009
        August 2009
        July 2009
        June 2009
        May 2009
        April 2009
        March 2009
        February 2009
        January 2009
        December 2008
        November 2008
        October 2008
        September 2008
        August 2008
        July 2008
        June 2008
        May 2008
        April 2008
        March 2008
        February 2008
        January 2008
        December 2007
        November 2007
        October 2007
        September 2007
        August 2007
        July 2007
        June 2007
        May 2007
        April 2007
        March 2007
        February 2007
        January 2007
        December 2006
        November 2006
        October 2006
        September 2006
        August 2006
        July 2006
        June 2006
        May 2006
        April 2006
        March 2006
        February 2006
        January 2006
        December 2005
        April 2005
        March 2005
        February 2005
        January 2005
        December 2004
        November 2004
        October 2004

        Blog*Spot Archives
        November 2005
        October 2005
        September 2005
        August 2005
        July 2005
        June 2005
        May 2005

        Syndication

        RSS Feed 2.0
        Comments RSS 2.0
        WordPress

        Loading


        * As Rauner readies cuts, social-policy groups go.....
        * Paducah teen accused of trying to sell prescrip.....
        * Gov. Rauner wants bureaucratic cuts in educatio.....
        * Rauner offers his insight into fixing the state..
        * Union leaders protest Rauner's appearance..
        * Bruce Rauner's continuous political campaign..
        * Rauner among top campaign donors..
        * Rauner, by far, top Illinois Republican..
        * Kentucky may be model for Rauner union gambit..
        * Still no resolution to marijuana licenses..


        * Gov. Rauner wants bureaucratic cuts in education, elsewhere
        *
        * Bradley player arrested on misdemeanor charges at strip club
        * Jury convicts suburban Chicago woman in heroin death
        * Bradley player arrested on misdemeanor charges at strip club
        * Illinois professor who lost job offer after tweets sues
        * Prosecutors say Chicago hospital officials bribed doctors
        * Federal trial postponed in Illinois needles-in-meat case
        * Will County settles lawsuit with wrongly accused officer
        * Former SIU-Edwardsville worker accused of lying during probe

        * New DNR director Rosenthal touts experience
        * Rauner wants bureaucratic cuts in education, elsewhere
        * New DNR director touts experience
        * Springfield unemployment falls to 5.6 percent in December
        * Springfield lawmakers want oversight commission to monitor 10th Street rail promises
        * Springfield gaming terminal up 46 percent in 2014; revenue hits $1M
        * Springfield gaming terminals up 46 percent in 2014; revenue hits $1M
        * Rauner among nation's top donors in 2014 elections
        * Lawmaker proposes bill to ban convicted terrorists from teaching
        * Police reform bills spurred by recent deaths, racial unrest

        * As Romney weighs '16 bid, his past donors commit to Jeb Bush
        * Hillary Clinton's private jet use in Senate creates 2016 headaches
        * Jack Spade on Oak Street is closing
        * Airline food workers push for lower health care costs
        * FirstMerit to close four Chicago-area branches


          * In shift, Cupich will receive vestment in Chicago, not Rome
          * Potentially thousands of Palatine, Fremd students get offensive email
          * South Elgin woman guilty in heroin-induced homicide
          * Steven Salaita sues U. of I. over lost job
          * No bail for man accused of Back of the Yards shooting
          * Sharp rise in prisoners allowed to go home pending trial in Cook County
          * Nuns make new claims in lawsuit against Stone Park strip club
          * Woman admits false rescue call, then denies guilt after court
          * CTU's Karen Lewis says 'We have other places we can fight'
          * As Romney weighs '16 bid, some past donors in Chicago commit to Jeb Bush


          * Group Says Railroad Threatens To Isolate East Side
          * Proposal Would Ban Conversion Therapy For Minors
          * Speaker Madigan: How Can Illinois Prevent A Sandy Hook?
          * Listen to State Week - January 23, 2015
          * Guzzardi Wants Parents To Be Able To Opt Kids Out Of Testing
          * Art Beat: Hip Hop Battles, Foreign Film & More
          * Meet The New Springfield Area Arts Council Director
          * Art Beat: Pirates, Local Tunes & Movies Galore
          * Let's Talk Kids - "Golden Stories"
          * Jacksonville Girl Shares Story Of Brother's Death To Help Others


          * Rauner wants bureaucratic cuts in education, elsewhere
          * New DNR director Rosenthal touts experience
          * Springfield unemployment falls to 5.6 percent in December
          * Springfield lawmakers want oversight commission to monitor 10th Street rail promises
          * Our View: Dawdling on medical marijuana extends suffering for Illinois' severely ill
          * Stanford Levin: Nuclear power plant closures could hurt Illinois consumers
          * Bernard Schoenburg: Kaitschuk leaves pork producers to join Rauner team
          * Eugene Robinson: Hillary stands alone
          * Quote of the Day: Thursday, Jan. 29, 2015
          * Springfield gaming terminal up 46 percent in 2014; revenue hits $1M


          * Gov. Rauner: Cheers & Jeers
          * Juvenile charged in burglaries
          * Bettendorf educators raise money for home additon
          * PHOTOS: Pastor Rich Rubietta visits Our Lady of Lourdes
          * Fairview Heights alderwoman to file as a write-in candidate
          * Police: Texan was hauling 155 pounds of pot on I-70 near Highland
          * Police seek missing UI student
          * Five fire departments respond to Maryville auto shop fire Thursday
          * Governor Bruce Rauner speaks in Champaign 1/29/15
          * Shirley Wright


          * Critics: COD building should be named for fallen vet, not Breuder
          * Browns receiver Josh Gordon says he was caught drinking
          * 10 years for man who broke into ex's home, kissed her
          * Wheaton Park District honoring founder of soccer program
          * Choirs to perform:

          * US Reps. Rush and Barton Reintroduce DATA ...
          * Lemont HS Student Among Rep. Lipinski's Pi...
          * Rep. Lipinski Recognizes and Celebrates Na...
          * Rep. Lipinski Announces Service Academy No...
          * Kinzinger, Lipinski Offer GOP-Democrat Uni...
          * Chicago March for Life doubles attendance ...
          * Archbishop Blase Cupich, Congressmen Dan L...
          * Archbishop Cupich joins hundreds at March ...
          * Rep. Lipinski Helps Pass Veterans' Suicide...
          * Lipinski: There's still a lot of work left...

          * Yellen tells US senators no rate rise soon......
          * Senators Introduce Bill to End Ban on Amer......
          * Senators unveil legislation to lift all tr......
          * Milbank: How the GOP misjudged Loretta Lynch...
          * Senate passes Keystone XL measure...

          * Senate Hard-liners Press Ahead with New Ir......
          * School Bullying: Federal Bill Would Set Ma......
          * Kirk, Wagner, urge Justice to 'dismantle' ......
          * Kirk: Obama Can’t Stop Iran Sanctions...
          * LGBT Youth Deserve To Learn in Environment......

          * Muslim Brotherhood Starts A Political Party Out Of Chicago
          * Illinois attorney general gives pay raises as state goes broke
          * State Rep. Meier proposes law banning terrorists from teaching in Illinois
          * Pension news, blues and screws.
          * Ald. Arena Touts New 45th Ward Businesses In TV Ad
          * Troubled Rockford Juvenile Facility To Shut Down
          * McDonald's Urged To Be Leader And End Antibiotic Use In Meat
          * Video Gambling Revenue In Illinois More Than Doubles In 2014
          * Comparing Investment Return Assumptions of Illinois Pension Funds to National Trends
          * Forward Financial Thinking by the MWRD


          * IDHS reminds eligible workers to take advantage of free tax help and the Earned Income Tax Credit (EITC) - More than 30 sites offer free tax services Statewide
          * IEMA, American Lung Association Launch Health House - Radon Excellence Program in Savoy - Two Champaign builders coordinating with Heyworth radon mitigator in program to reduce radon-related lung cancer risks in new homes
          * One Confirmed Case of Measles in Illinois
          * Governor announces latest round of agency appointments
          * Rauner announces “Turnaround Team” - Stellar team to help turn Illinois around




              Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller