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Deja vu all over again

Monday, May 7, 2012

* My weekly syndicated newspaper column

Call it “Blagojevich Lite” or whatever you want, but it became pretty clear last week that state Rep. Derrick Smith’s attorneys are planning the same sort of mockery of the system that Rod Blagojevich’s legal team did during those dark days after the former governor’s arrest.

“While I have been troubled to experience the shenanigans being played by the FBI, to lean on people around me and to get them to say bad things about me, I will not cower,” Smith (D-Chicago) told reporters after he pleaded not guilty to federal bribery charges.

Never mind the fact that nowhere in the arrest report or federal indictment is there any reference to anybody saying “bad things” about him. Smith is accused of taking a $7,000 bribe to help get a state grant for a day care operator, a business that was a creation of federal agents.

Smith also claimed that the people of his district “elected” him on March 20 because “they believed in me.” Yeah. Right. OK.

The voters gave him the Democratic nomination on March 20 despite the fact that he had been charged because party leaders warned them that Smith was up against a white, conservative Republican activist who was posing as a black Democrat. Many of those same Democratic leaders are now calling for Smith’s resignation.

Smith’s pledge to never “cower” in the face of the federal prosecution was right out of Blagojevich’s defiant playbook. Blagojevich loudly declared his complete innocence, vowed to fight to the end, said he had been persecuted by the feds and once even challenged the U.S. attorney to a manliness contest.

Right up until he checked himself into federal prison to serve a 14-year term, Blagojevich said the feds had the wrong guy. Smith, by the way, is now looking at 10 years in a federal penitentiary.

But it was one of Smith’s attorneys, Victor Henderson, who really brought the former governor to mind with his remarks.

Henderson told reporters that Smith had been entrapped, but the lawyer’s evidence of this entrapment was an allegedly phony government website and a fictitious day care center operator. That’s hardly proof of entrapment. Actually, it’s standard stuff for a federal sting operation.

And doesn’t claiming that Smith was entrapped into accepting a $7,000 bribe mean Smith and his lawyers are all but admitting that he took the money? And if he did take the cash, isn’t that enough right there to expel him from office?

The House doesn’t have to consider whether or not Smith is guilty under state or federal criminal statutes. This is not about criminality. It’s about politics.

Under its rules, the House merely has to establish “disorderly behavior” by the offending member. That isn’t a very high bar. Theoretically, the House could expel a member for spitting on the sidewalk if two-thirds of the members so voted.

Henderson did make a good point about the FBI failing to inform a judge of its informant’s extensive criminal record. And he gave the strongest indication yet that he planned to disrupt and distract the process from beginning to end when he quoted anti-Nazi Lutheran Pastor Martin Niemoller’s immortal poem about moral cowardice during the Holocaust.

“First they came for the socialists, and I did not speak out because I was not a socialist. Then they came for the trade unionists, and I did not speak out because I was not a trade unionist. Then they came for the Jews, and I did not speak out because I am not a Jew. Then they came for me, and there was no one left to speak to, for me.”

“Today it’s Derrick Smith,” Henderson told reporters, according to Chicago Public Radio. “Who is it tomorrow?”

Needless to say, invoking the Holocaust to defend a client accused of taking a cash bribe is more than a bit much.

But now that the House Special Investigating Committee has allowed Smith and his legal team more than enough time to get their feet underneath them by continually postponing the inevitable, we can probably expect a lot more crud such as this.

Henderson told Illinois Issues magazine that his client plans to testify at future House hearings. The next one is scheduled for May 10.

If Henderson was telling the truth about Smith testifying, we can all expect an embarrassing circus.

* Henderson is also raising expectations of incredible new evidence that will clear his client’s name. Sound familiar? It should

Henderson accused the FBI of targeting his client because allegedly he would not supply information about Jesse White and other prominent Illinois public officials.

Henderson declined to provide details about what information the FBI allegedly sought. Druker strongly refuted Henderson’s charges, responding “the focus here is Derrick Smith and not Jesse White. These are just desperate charges.”

“There are going to be some developments that will begin to unfold in the next few days,” Henderson insisted. Smith has pled not guilty and appeared in court on April 30.

At one time, Blagojevich also hinted that the feds were after information about Barack Obama. That was just another of his lies.

* And Mark Brown has some news

A group of Democratic ward committeemen met behind closed doors Friday in search of a strategy to clean up the Derrick Smith mess. […]

An hour or so later, Secretary of State Jesse White, whose support of Smith was key to his earlier selection, emerged to say the group had developed a plan to either replace or defeat the accused lawmaker.

White said a delegation would be sent to speak directly with Smith to ask him to give up the Democratic nomination he won in the March primary. Smith’s victory came only after party leaders stepped in to keep the seat from falling into the hands of his opponent, the former executive director of the Cook County Republican Party.

Ald. Jason Ervin (28th) and Rep. Karen Yarbrough (D-Maywood) will be the official emissaries, White said. […]

If the diplomatic efforts fail, White said Democratic leaders resolved to field a third-party candidate to defeat Smith in November.

Thoughts?

- Posted by Rich Miller   10 Comments      


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