SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
Madigan spokesman says Rauner “just like” Blagojevich

Friday, Jan 29, 2016

* Greg Hinz

A day after Gov. Bruce Rauner called on Springfield to come together, the same old Capitol infighting resumed, as Democrats ran a bill to restore some funding to state colleges and student scholarships, and the GOP governor promptly promised to veto it. […]

The Republican version would have appropriated $1.6 billion. The figure is higher because money would have been restored not only to community colleges, but also to state universities, such as the University of Illinois, Northern Illinois University and Southern Illinois University. Those institutions tend to be located in downstate areas often represented by Republicans.

The GOP version also included a controversial funding mechanism: It would have given Rauner extensive and unilateral authority to move money from one portion of the state budget to another, something Republicans say is fiscally responsible but Democrats argue he cannot be trusted to do.

“He’s just like (ex-Gov.) Rod Blagojevich: He wants all the power,” said Steve Brown, spokesman for House Speaker Michael Madigan, suggesting that Rauner would use such power to “go after” working-class families and others.

Speaker Madigan repeated his pledge Wednesday to “work cooperatively” with Gov. Rauner. Apparently, that pledge doesn’t include comparing Rauner to an imprisoned former governor.

Oy.

- Posted by Rich Miller   90 Comments      


This just in… Appellate court throws out some Blagojevich charges, but rules sentence can stand

Tuesday, Jul 21, 2015

* Click here to see the appellate court’s ruling on Rod Blagojevich’s appeal.

Bottom line: Several counts were tossed, but the judges decreed that Blagojevich’s sentence was more than fair and still justifiable even with fewer counts against him.

* From the ruling

Blagojevich now asks us to hold that the evidence is insufficient to convict him on any count. The argument is frivolous. The evidence, much of it from Blagojevich’s own mouth, is overwhelming. To the extent there are factual disputes, the jury was entitled to credit the prosecution’s evidence and to find that Blagojevich acted with the knowledge required for conviction.

But a problem in the way the instructions told the jury to consider the evidence requires us to vacate the convictions on counts that concern Blagojevich’s proposal to appoint Valerie Jarrett to the Senate in exchange for an appointment to the Cabinet. A jury could have found that Blagojevich asked the President-­‐elect for a private-­sector job, or for funds that he could control, but the instructions permitted the jury to convict even if it found that his only request of Sen. Obama was for a position in the Cabinet. The instructions treated all proposals alike. We conclude, however, that they are legally different: a proposal to trade one public act for another, a form of logrolling, is fundamentally unlike the swap of an official act for a private payment.

Because the instructions do not enable us to be sure that the jury found that Blagojevich offered to trade the appointment for a private salary after leaving the Governorship, these convictions cannot stand. […]

A proposal to appoint a particular person to one office (say, the Cabinet) in exchange for someone else’s promise to appoint a different person to a different office (say, the Senate), is a common exercise in logrolling. We asked the prosecutor at oral argument if, before this case, logrolling had been the basis of a criminal conviction in the history of the United States. Counsel was unaware of any earlier conviction for an exchange of political favors. Our own research did not turn one up. […]

The indictment also charged Blagojevich with wire fraud, in violation of 18 U.S.C. §1343. That the negotiations used the phone system is indisputable, but where’s the fraud? Blagojevich did not try to deceive Sen. Obama. The prosecutor contended that Blagojevich deprived the public of its intangible right to his honest services, which 18 U.S.C. §1346 defines as a form of fraud. To call this an honest-­‐‑services fraud supposes an extreme version of truth in politics, in which a politician commits a felony unless the ostensible reason for an official act also is the real one. So if a Governor appoints someone to a public commission and proclaims the appointee “the best person for the job,” while the real reason is that some state legislator had asked for a friend’s appointment as a favor, then the Governor has committed wire fraud because the Governor does not actually believe that the appointee is the best person for the job. That’s not a plausible understanding of §1346, even if (as is unlikely) it would be valid under the First Amendment as a criminal penalty for misleading political speech. And no matter what one makes of the subject, the holding of Skilling v. United States, 561 U.S. 358 (2010), prevents resort to §1346 to penalize political horse-­trading. Skilling holds that only bribery and kickbacks violate §1346. So unless political logrolling is a form of bribery, which it is not, §1346 drops out. […]

What we have said so far requires the reversal of the convictions on Counts 5, 6, 21, 22, and 23, though the prosecutor is free to try again without reliance on Blagojevich’s quest for a position in the Cabinet. (The evidence that Blagojevich sought money in exchange for appointing Valerie Jarrett to the Senate is sufficient to convict, so there is no double-­jeopardy obstacle to retrial. See Burks v. United States, 437 U.S. 1 (1978).) Because many other convictions remain and the district judge imposed concurrent sentences, the prosecutor may think retrial unnecessary—but the judge may have considered the sought-­after Cabinet appointment in determining the length of the sentence, so we remand for re-­sentencing across the board. (The concluding part of this opinion discusses some other sentencing issues.) […]

The district judge concluded that the Sentencing Guidelines recommend a range of 360 months to life imprisonment for Blagojevich’s offenses, and the actual sentence is 168 months. Instead of expressing relief, Blagojevich maintains that the sentence is too high because the range was too high. […]

Any error in the Guidelines calculation went in Blagojevich’s favor. After calculating the 360-­to-­life range, the judge concluded that it is too high and began making reductions, producing a range of 151 to 188 months. […]

The prosecutor has not filed a cross-­appeal in quest of a higher sentence but is entitled to defend the actual sentence of 168 months (and to ask for its re-­imposition on remand) without needing to file an appeal. Removing the convictions on the Cabinet counts does not affect the range calculated under the Guidelines. It is not possible to call 168 months unlawfully high for Blagojevich’s crimes, but the district judge should consider on remand whether it is the most appropriate sentence. […]

If the prosecutor elects to drop these charges, then the district court should proceed directly to resentencing. Because we have affirmed the convictions on most counts and concluded that the advisory sentencing range lies above 168 months, Blagojevich is not entitled to be released pending these further proceedings. [Emphasis added.]

- Posted by Rich Miller   103 Comments      


« NEWER POSTS PREVIOUS POSTS »
* Rauner lambasted, even called "traitor" for siding with Democrats on abortion bill
* Reader comments closed for the weekend
* Remap reformers say recordings of Con-Con debates support their case
* Question of the day
* Sunlight Foundation tags the wrong Michael J. Madigan
* Rauner vetoes bills pushed by disability advocates, first responders, unions
* Independent Maps has appealed to the Illinois Supreme Court
* Rauner signs three controversial bills: Marijuana decriminalization, Contraception coverage; "Right of Conscience Act"
* Republicans "pledge" not to vote for Madigan for Speaker
* More on the Lottery announcement
* Caption contest!
* *** UPDATED x1 *** Whatever the number is, it's still pretty darned high
* Careful what you wish for
* Duckworth speech focused on Trump as new ads slam her
* Just legalize it, already
* Today's number: 32 percent
* Cullerton repeats demand that Rauner will decide tax hike
* One way 2016 could impact 2018
* *** UPDATED x1 *** Is it over or not?
* 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

  
* Apple sales records, Blackberry security, and we get stuff wrong | Pocketnow Weekly 211
* If the Priv failed to get BlackBerry back, can the DTEK50?
* Galaxy Note 7 Pricing and ETA, iPhone 7 adapter & more – Pocketnow Daily
* Google brings historic Rio exhibits and landmarks to a digital art collection
* New Samsung Gear VR for Galaxy Note 7 leaks ahead of launch
* Brexit waves hit HTC Vive price
* OnePlus gives ROM developers access to Dash Charge kernels

* TradeThread: Working the weekend
* Jose Abreu has a new weakness
* Eaton's HR all White Sox muster in 12-inning loss
* Quintana validating All-Star nod with stellar stretch
* White Sox listening to offers ahead of Deadline
* Frazier day to day with flu-like symptoms
* Morneau reflects on friendships in Minnesota

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


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

Archives
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
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


* LETTER: Rauner holds contempt for teachers - Ga.....
* Pro-Life Action League: We trusted Gov Rauner t.....
* Rauner lambasted, even called “traitor” for sid.....
* Rep. Morrison: Rauner’s message is religious be.....
* The people Rod Blagojevich left behind..
* BROWN: State rep, adopted, ‘always wanted a sis.....
* States’ flag-burning laws unconstitutional, but.....
* Rauner Signs Plan Limiting Mentally Ill from Ow.....
* Rauner signs law extending contraceptive insura.....
* Gov. Rauner Curtails Conscience Rights by Signi.....


* Correction: Chicago Violence-Mills Shot story
* East Chicago wants to demolish housing on contaminated site
* States' flag-burning laws unconstitutional, but persist
* Courts derail voting limits pushed by GOP in 3 states
* U of Illinois chancellor brings wide-ranging experience
* Illinois man sentenced for nursing home sex scheme
* Father, son plead not guilty in ISU assault, drug case
* 'Drunkard list' is limiting public intoxication in Aurora
* 2 Chicago officers relieved of powers after suspect killed
* EXCHANGE: Mattoon business rebuilds vintage campers

* Rauner vetoes bill to keep seniors in their homes
* Rauner signs law extending contraceptive insurance coverage
* Governor signs bill reducing marijuana penalties in Illinois
* Duckworth lawsuit settlement final, attorney general says
* Illinois seeking new private manager for state's lottery
* Attorney General: Duckworth lawsuit settlement final
* Health-care hiring keeps local unemployment at lowest in state
* Local unemployment again lowest in state for June
* Durbin rips Rauner, says governor tries to divide Illinois
* Illinois seeking new private manager for state's lotter

* GOP still betting millions on Madigan's unpopularity
* Chicago's budget gap: $137.6 million
* Why aren't more Chicago businesses adopting schools?
* Rauner signs bill reducing pot penalties
* Behind Harvard shakeup, a star trading desk that unraveled fast


* Can Harold Jones-Quartey be answer at safety for Bears?
* What we saw: Day 3 of Bears training camp
* Bears GM: Kyle Long improving, injury outlook ‘positive’
* No need to solo; local teen wins chance to fly with Harrison Ford
* Hot air balloon carrying at least 16 people crashes in Texas
* BROWN: State rep, adopted, ‘always wanted a sister,’ now has 3
* Near North Side post office evacuated due to A/C problem
* WATCHDOGS: 18 aldermen avoid hefty property-tax hikes, 5 pay less
* SWEET: After Trump tweak, Democrats plant their flags
* Bears sign LB Willie Young to a two-year extension


* What to watch for at Rio's opening ceremony
* One mom, 14 children, and the grace of caring
* Two officers relieved of police powers in fatal South Shore shooting
* Photos: Lollapalooza 2016
* Malia Obama spotted at Lollapalooza
* Live blog: Lollapalooza day three
* 13 injured in 'heat-related' incident at post office on Near North Side
* Officials believe 16 dead after hot air balloon catches fire, crashes in Texas
* LINDA C. BLACK HOROSCOPES for 7/30/16
* Bears, Willie Young agree to contract extension


* Rauner vetoes bill to keep seniors in their homes
* Dr. Thomas Kerins: Ending high school PARCC a good first step
* Rauner signs law extending contraceptive insurance coverage
* Governor signs bill reducing marijuana penalties in Illinois
* Charles Krauthammer: What's the case for Hillary?
* Duckworth lawsuit settlement final, attorney general says
* Illinois seeking new private manager for state's lottery
* Attorney General: Duckworth lawsuit settlement final
* Health-care hiring keeps local unemployment at lowest in state
* Local unemployment again lowest in state for June


* Clouds, cool temps greet 14,280 Bix 7 participants
* Friends meet up, tell stories at post-Bix party
* 12-year-old girl joins Patriot Guards for Bix 7
* Davenport Police respond to car vs. train accident
* 25 years of partying on Kirkwood
* Cooler temperatures kept injuries down at Bix
* Mowry family travels from Ohio
* Turn onto Kirkwood attracts crowd
* Turn onto Kirkwood attracts Bix crowd
* Early-morning tunes, prayers make way for runners at the Bix


* Wizard magic: JK Rowling hopes Harry Potter play goes global
* Officials believe at least 16 died in Texas balloon crash
* 2016 Rio Olympics medal projections
* The Latest: Mickelson makes a bold prediction
* Stakeout ends: Elgin police detain one man on National Street

* House lawmakers overcome hurdle on key tra...
* Rodney Davis talks funding with Bloomingto...
* The agency that fought Illiana gets a new ...
* Rep. Dold takes educational cruise down Ch...
* Lawmakers decry high turnover rate of VA h...
* CBD Oil, and politics
* Simon considering state Senate bid
* Killer Congressman Tom MacArthur trying to...
* Shutdown? State may not notice
* Rep. Bob Dold

* Durbin rips Rauner, says governor tries to......

* Senate and House bipartisan effort to help......

* Poll: Democrats pick Durbin to challenge Rauner in 2018
* Possessing small amounts of marijuana in Illinois will no longer land you in jail
*
* December 2007 - Agenda Items
* Committee on Historical Landmark Preservation Agenda, December 3, 2007
* November 2007
* Community Development Commission Meeting Agenda, Tuesday, November 13, 2007
* Housing and Real Estate Committee Meeting Agenda, Friday, November 9, 2007
* Zoning Board of Appeals Meeting Agenda, Friday, November 16, 2007
* October 2007


* Governor Takes Bill Action
* Governor Announces Appointments
* Governor Rauner and Illinois Lottery Seek New Management Partner
* College Changes Everything™ Conference Highlights Critical Role Of Higher Education In Economic Recovery And Growth
* Summer Camp Builds Bonds between Incarcerated Moms and Children




Hosted by MCS -- CapitolFax.com Privacy Policy -- SUBSCRIBE to Capitol Fax -- Advertise Here -- Mobile Version -- Contact Rich Miller