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*** UPDATED x3 *** Hemmed in by the law

Posted in:

*** UPDATE 1 - 12:53 pm *** From the jury instructions

“A conspiracy may be committed even if its purpose is not accomplished,” the judge reads steadily

*** UPDATE 2 - 1:14 pm *** Download a copy of the blank jury verdict form by clicking here. [fixed link]

And here’s a note from the US Attorney’s office…

Also, please be advised that I or my office will issue a blast email when we receive notice that a verdict has been reached ONLY. We will NOT be issuing any alerts if the jury has a question or other notes.

*** UPDATE 3 - 3:55 pm *** Another day, another mistrial motion

“Determinations of credibility and findings of fact are the province of the jury. Throughout the closing argument of Attorney Sam Adam, Jr., the government objected approximately three dozen times, with improper objections. The court, in an apparent endorsement of the government in front of the jury, erroneously ruled on the government’s improper objections, making findings of credibility and fact. This violated Rod Blagojevich rights to due process, a fair trial, effective assistance of counsel and the right to present a defense case, in contravention of the United States Constitution, Amendments 5 and 6.”

It continued: “The government objected to Attorney Adam around three dozen times. The objections were intended only to obstruct and disrupt the closing argument. The government’s objections were disingenuous and misleading.”

[ *** End Of Updates *** ]

* Eric Zorn quotes Judge James Zagel

“The law I give you is the law you must follow, whether you like it or not.”

Zagel was speaking to Rod Blagojevich’s attorney Sam Adam, Jr., who had just been shot down again by a prosecution objection. The quote was used by Zorn to make this spot-on analysis…

The federal statutes on wire fraud, extortion, bribery, racketeering and making false statements to law enforcement that Blagojevich is accused of violating may strike some of the jurors as severe — fussy, sometimes victimless sanctions against bluster and big talk. This is certainly, clearly how SAJr (left, Tribune photo by Antonio Perez), feels about them.

Most of the charges against Blagojevich lack the “smoking gun” that so many people say they want to see in such cases — the envelope stuffed with unmarked bills peeking out of the inner breast pocket of a public official’s suit jacket as he signs off on a boondoggle to enrich his benefactor.

Blagojevich’s allegedly corrupt schemes tended to go nowhere, as notable for their fecklessness as for their arrogant perfidy. Adam dismissed them as “just yakking” in his closing argument.

But the cold wording of the law and the jury instructions simply won’t leave jurors much room to acquit, whether they “like it or not.”

The law is the law and the jury instructions will hem the panel in.

* John Kass rightly keys in on a crucial moment, the prosecution’s rebuttal of Sam Adam, Jr’s closing argument

[Assistant U.S. Attorney Reid Schar eviscerated] Adam’s argument, ridiculing the defense notion that the feds and Blagojevich’s own inner circle conspired to take him down.

“There’s a conspiracy of liars,” Schar said sarcastically. “Everyone’s lying to frame defendant Blagojevich. It’s one of the great frame-ups of all time. What’s amazing about this massive conspiracy is that not only are these people lying, they somehow managed to get Blagojevich on all those tapes you heard, to frame himself.”

When Schar was talking, several jurors leaned forward.

* More from prosecutor Schar’s rebuttal

Rod Blagojevich has “more training in criminal background than the average lawyer,” and yet the defense portrays him as a victim of circumstance who was unaware he was doing anything wrong, prosecutor Reid Schar argues.

“Somehow he is the accidentally corrupt governor? I mean, come on. Come on,” Schar says, his voice rising a little.

“He is the decision maker. He is the governor,” the prosecutor said. “He is the one who makes the ultimate decision.” […]

Earlier, Schar hit back at Sam Adam Jr.’s argument that Blagojevich’s alleged crimes are “all talk.”

“The crimes the defendants are charged with are crimes that involve a lot of talking,” Schar said. “When you go to rob a bank, you talk about it for a while.”

* More Schar

[Schar] also broke down the charges related to the head of Children’s Memorial Hospital and its head, Patrick Magoon. As part of the charges, Blagojevich allegedly told others, including aide John Wyma, who was working as a lobbyist for the hospital, that he was going to approve a rate increase that would help pediatric doctors. […]

He also noted that when the fundraiser wasn’t immediately forthcoming and Magoon wasn’t calling Robert Blagojevich back, the governor spoke to a Deputy Gov. Bob Greenlee, who held up the measure.

He said any talk on the calls that Blagojevich wanted to hold up the effort for budgetary reasons also makes no sense. There are no other calls at that time about the budget and Blagojevich makes it clear to Wyma in a call caught by the feds.

“But you don’t need to guess what was in defendant Blagojevich’s mind,” Schar said. “He tells John Wyma, ‘I’m doing Children’s Memorial Hospital for $8 million, I want him for $50,000.’”

* Still more

Schar told jurors not to believe Blagojevich when he says on one wiretap that pending horseracing legislation has nothing to do with his quest to secure a donation from a local track owner. Prosecutors have alleged that the governor’s effort to secure a campaign donation from the track owner was extortion.

“If it’s not one for the other, you don’t say that,” Schar said.

Schar also has urged jurors to ask themselves how state government should work. Campaign donations should never be a factor when deciding to sign or support legislation, he said.

“You don’t sit around debating whether you’ll get your money,” Schar said. “How backward can you get?”

* Mark Brown’s take is definitely worth noting

One of the odd things about trials is that the person in a courtroom with whom jurors most tend to identify is the judge. For starters, the judge gives them their meal and bathroom breaks. He’s the boss in the courtroom.

So if a lawyer openly feuds with the judge, it’s going to be difficult to get an entire jury to believe the judge is unfairly biased against him.

But again, one or two just might, which in this case could make them more amenable to apply Adam’s suggested common sense understanding of extortion and bribery rather than the legal definition the judge will provide. If so, a hung jury is a possibility. I could also see the jury knocking out any charge not supported by wiretap evidence.

* Roundup…

* Judge James Zagel to jury: “You’ve heard all the evidence and the arguments”

* Attorneys offer competing portraits of Blagojevich

* Attorneys Make Their Closing Arguments in the Blagojevich Trial

* A Final Day of Back-and-Forth Arguments in Blagojevich Trial

* Final attorney skirmish sends Blagojevich case to jury

* Rebuttal concludes; case will go to jury Wednesday

* Deliberation Time Almost Here for Blagojevich Jury

* Is Blagojevich a ’silly’ victim or a scheming crook?

* Blagojevich girls coming to court sparks debate

* Stress possible for Blagojevich daughter after court

* Tribune: Be kind to your kids…

* Walter: Blagojevich Kids In Court Is Child Abuse

* Patti Blagojevich in Tears as Closing Arguments End

* Blagojevich brothers finally hug, say ‘I love you’

* Marin: Rod doesn’t look ready for crash landing

* Brown: Move over armchair jurors, it’s up to real ones

* Schmich: If I were a juror …

* Talking Politics: Blago and the Democrats

* Kass: Blago lawyer’s show doesn’t change reality

* Sun-Times: Blago judge makes right call on jurors

* Sam Adam Jr.: I Gave the Best Performance I Could

* Judge to Adam: Don’t worry about jail

* Rod Blagojevich to supporter: “That’s in case I run for office again”

* Sam Adam Jr. concludes closing argument with plea to jurors: Ask yourself, “What would Sam say?”

* Zagel: “This is all I have to say … because it’s all I have to say, it’s all you have to say.”

* Blago’s lawyer calls ex-governor foolish but not corrupt

* Sam Adam Jr. on Patti allegations: “Kickbacks for work is a job, man!”

* Adam: If Blago’s corrupt, why is he broke?

* Sam Adam Jr.: Rod Blagojevich is “broke, man, BROKE!”

* Sam Adam Jr. questions Chicago Academy charge: Football field got made, where is the fund-raiser?

* Sam Adam Jr. accuses Barack Obama’s transition team of negotiating with Rod Blagojevich

* Judge Zagel to Sam Adam Jr.: This is beginning to look more like a show

* Sam Adam Jr: “You know who didn’t get arrested? Jesse Jackson Jr.”

* Adam says Blagojevich is the real victim

* Sam Adam Jr. in closing: Former deputy governor made “the most ridiculous statement I’ve ever heard”

* Sam Adam Jr. in closing: “There’s a big pink elephant in the room”

* ‘The pink elephant in the room’

* Adam works up a sweat

* Blagojevich trial: Sam Adam Jr. quietly prepares for closing argument

* Judge to Sam Adam Jr: I will sit you down if you bring up missing witnesses — but here’s how you can get away with it

* Blagojevich trial: Crowd awaits the Zagel-Adam showdown

* Last word in the Blagojevich trial: Prosecutor to give government rebuttal

* Prosecution begins rebuttal argument

* Prosecutor Reid Schar: Rod Blagojevich “is not stupid. He is very smart.”

* Prosecutor Reid Schar: Rod Blagojevich “is the accidentally corrupt governor? I mean, come on.”

* Prosecution urges jurors to use ‘common sense’

* Prosecutor Reid Schar: There is no conspiracy here — “the time for accountability for these crimes is now”

* Prosecution: Blago is a liar, blames others for his actions

posted by Rich Miller
Wednesday, Jul 28, 10 @ 9:31 am

Comments

  1. Wow Capt Fa appears to say something nice about Kass — must have taken on big load of silly sauce last night.

    BTW when will the media file the FOI for all the unplayed tapes of Blagoof and his pals….gott to be some great ringtones for the SJ-R and others to peddle.

    Comment by CircularFiringSquad Wednesday, Jul 28, 10 @ 9:41 am

  2. Payback Time!

    Comment by Illinois Tollway 6 Wednesday, Jul 28, 10 @ 9:56 am

  3. Remember in the pre-arrest days when we used to wonder if he was a knave or a fool.

    Looks to me like he’s both. A not very bright man who wanted to get rich off his position and off the public purse. He couldn’t pull it off unlike many others in the history of both Illinois and national politics.

    Ah, Dick Mell, Dick Mell, nobody says you’re stupid. How could you have missed the fool part?

    Comment by cassandra Wednesday, Jul 28, 10 @ 10:10 am

  4. I’d like to hear from some trial lawyers who drop by CapitolFax. I’m curious about the psychology of jurors, in general. Do they tend to analyze claims based only on facts, and if not, do they tend to filter the facts through their feelings about “commonsense” and “fairness?” How much do their feelings about the principals play into their decision making? Given the answers on a “typical” jury, how did this trial play?

    Thanks.

    Comment by Cincinnatus Wednesday, Jul 28, 10 @ 10:11 am

  5. Blago is a guilty preening weasle. He has always been since I first saw him getting under Paul Vallas’ skin in 2002.

    This trial has never been about his guilt or innocence, but rather what kind of people make up the jury.

    The gov’t needs a perfect 12 out of 12 to win. Blago needs just one softhead to blow the whole thing. Blago’s odds aren’t bad. Better chance that the jury rather than Rod will hang.

    Comment by jaded voter Wednesday, Jul 28, 10 @ 10:12 am

  6. I would like to thank you, Rich. I’ve followed the proceedings pretty closely from the start and can say with some confidence that I’ve learned very little from the media coverage of the trial that I didn’t already know from reading Capitol Fax. I sincerely appreciate the work that you do!

    Comment by tubbfan Wednesday, Jul 28, 10 @ 10:15 am

  7. For once I agree with Cassandra.
    How could Mell inflict this guy on us?

    Comment by Mr. Cow Wednesday, Jul 28, 10 @ 10:26 am

  8. Yes, Judgement Day is finally here, and should Rod be found guilty on all or most counts, will it be Fitzmas in July (or August, depending on how long deliberations last)?

    Comment by Secret Square Wednesday, Jul 28, 10 @ 10:27 am

  9. There wasn’t a lot of impressive evidence against Blagojevich, based on the many reports that I read. It was interesting that the government felt solid enough about its case to avoid calling Rezko who, it would seem, would be the best witness against Rod. It seemed to me that they were allowed to introduce plenty of evidence that made him look lazy, silly, stupid and vain. I can’t say how any of this stuff makes it more or less likely that he’s guilty of bribery or extortion or conspiracy to do either, but it sure makes it harder for any pro-Blago jurors to argue their case. The evidence about the racetrack and the hospital is pretty damning, from an outside perspective and it doesn’t seem like the jury has to think that he did much to further either effort to be convicted of a crime. It would be a tremendous upset were he to win. Less than five percent chance.

    Comment by chiatty Wednesday, Jul 28, 10 @ 10:28 am

  10. I found this in an FAQ for jurors -

    “I do not know the law, how can I be a juror?

    You do not need to know the law. You must be able to reach conclusions about each aspect of the case based on your own, impartial, independent recollection of the evidence, and then apply the laws as the judge explains them to you. To do this you must pay attention and listen closely as the evidence is presented in court. You must not make snap decisions or pre-judge, but wait until the attorneys have completed their cases. Then it is your job to consider the evidence and determine the facts of the case. The judge will instruct you in his “charge” as to what laws apply to the case and what they mean.”

    I hope the jury is going to follow Judge Zagel’s instructions, it just doesn’t give them any wiggle room for an aquittal in this case.

    Comment by Hunterdon Wednesday, Jul 28, 10 @ 10:32 am

  11. I’m pleased the trial went so well. This past two weeks I read many political spins regarding juries, and it is nice to have Rich put an end to it with this kind of posting.

    Rod Blagojevich is a king in the world of politics, but he is a criminal in the world of law. There is too much wiggle room with the facts in the political world, as we all know. So, in the legal world, Blagojevich fails, just as he failed in the world outside politics, as a governor.

    “He is the decision maker. He is the governor,” the prosecutor said.

    We have allowed politics to spin governmental failure into excuses in order to empower political parties. The purpose of political parties is to nominate candidates worthy of the public offices they seek to be elected into. Look how far both our political parties have failed this basic purpose. How can we depend upon politicians if they are given free reign to spend millions to buy a political party’s nomination? How can we depend upon our political system when the two major parties repeatedly have been exposed as shirking their fundamental responsibilities?

    Who is accountable? Either our political leaders actually lead, or they are failures. Leaders accept accountabilities and responsibilities and stand up for themselves when their own decisions fail. There is no need for the level of political spin we see in Illinois politics, except to cover up the massive failure of our leaders. There is a limit in the real world to political spin. At some point, spin is nothing but sheer lies because it deliberately hides truth, accountability and the responsibilities of our political leaders.

    Blagojevich didn’t have to be a crook to be the worse governor in this state’s history. The facts clearly expose him as a fraud. For him to wear the crown of king of Illinois politics over the past seven years didn’t require him to be any good at what it is he was elected to do. Consequentially, we cannot continue to empower governments with billions of tax dollars and expanded responsibilities. Proponents of government activism has to come to terms with the sheer magnitude of these crushing failure and their foolishness in continuing to advance government’s role in our lives.

    Comment by VanillaMan Wednesday, Jul 28, 10 @ 10:33 am

  12. There are lots of reasons the federales bat over :900. Once they have their hooks into you, it’s church. Unless you’re Jimmy DeLeo.

    Comment by wordslinger Wednesday, Jul 28, 10 @ 10:39 am

  13. Hope away. Think of the quality of this jury. Blago was poisoning the jury pool for 2 yrs w/ emotional nonsense. What kind of person did not have a fixed view of the pompadour clown? –someone who doesn’t read, stay informed or even watch the news on TV.

    Remember George Ryan’s goofy juror who nearly sprang him till she was booted.

    12 clear headed jurors. We can only hope.

    Comment by jaded voter Wednesday, Jul 28, 10 @ 10:40 am

  14. ==
    Zagel was speaking to Rod Blagojevich’s attorney Sam Zagel, who had just been shot down again by a prosecution objection.
    ==

    Rich, did you mean to imply that the judge was lecturing the defense attorney like a father would a young child?

    Eric Zorn’s been prescient about the trial up until now. I’d say his prediction that “in a couple of days or maybe a week or two, the jury will return with guilty verdicts on many if not all of the 24 counts against Blagojevich” will hold.

    Comment by Boone Logan Square Wednesday, Jul 28, 10 @ 10:42 am

  15. ~~Eric Zorn has been prescient about [Blago] up till now…

    What was he saying about Blago back in 2002 back when it may have done some real good? Was he buying the “reformer” nonsense like the rest of the media?

    Comment by jaded voter Wednesday, Jul 28, 10 @ 10:46 am

  16. Yeah. to the feds it’s not good to have a goofy juror who thinks a defendant might not be guilty

    Comment by steve schnorf Wednesday, Jul 28, 10 @ 10:49 am

  17. ===Was he buying the “reformer” nonsense like the rest of the media? ===

    I don’t know about Zorn, but my publication never bought into that.

    Comment by Rich Miller Wednesday, Jul 28, 10 @ 10:53 am

  18. Of course the media is a broad brush, but most bought in or repeated the ‘reformer’ nonsense back when Vallas, a hard worker and honest public servant was seeking the Gov post.

    It drove me crazy. I only remember John Kass seeing Blago for the loudmouth, attention seeking clown he was.

    Good for you Rich I you saw things correctly back then.

    Comment by jaded voter Wednesday, Jul 28, 10 @ 10:59 am

  19. saw Vallas on 60 Minutes Sun night and felt so damned angry at RB’s villification of him during the 2002 primary. Yeah, I know Vallas ran a crummy campaign, but I couldn’t help but wonder what if he had prevailed? Maybe the reason Rod won the primary had to do with the amount of money he raised and how he did it. Ya think?

    Comment by Mr. Cow Wednesday, Jul 28, 10 @ 11:03 am

  20. “I only remember John Kass seeing Blago for the loudmouth, attention seeking clown he was”

    I recall, back in 2002, reading a column in the Peoria Journal Star (probably by Phil Luciano) explaining who Richard Mell was and his connection to the Blago for Governor campaign. Although I don’t recall all the details, the message was clear: Blago is a creature of corrupt Chicago politics and the last person we should look to as a reformer. At least that’s the impression I took away from it.

    Comment by Secret Square Wednesday, Jul 28, 10 @ 11:08 am

  21. Mr Cow,

    Vallas had NO MONEY. That was his biggest problem. Daley made it known by his silence, ” don’t support my accomplished school CEO.” Then Daley backed even if quietly, Blago.

    And yes, Vallas did not have the most skilled campaign. But why did that matter? That is a ’style issue’. He clearly was the best candidate and had real substance. Why are people so superficial?

    And in the end he still just barely lost. Just a little more money and he could have won. Isn’t it so clear we need real campaign finance reform.

    Comment by jaded voter Wednesday, Jul 28, 10 @ 11:11 am

  22. Zagel was speaking to Rod Blagojevich’s attorney Sam Zagel? Sam Jr changed his name to the judge’s name?!?!?!

    Comment by Anonymous Wednesday, Jul 28, 10 @ 11:11 am

  23. The so-called “missing link” in this trial has been the money. Supposedly the government hasn’t done a good job describing the money trail, although they did fine by showing that Patti was paid for real estate work she hadn’t performed.

    I’m not sure why they didn’t also mention the $15,000 “first communion” gift Bagotrix’s kid received from a “family friend” who later that week was rewarded with a $65,000-a-year state job.

    Also, this week’s revelation that Bagotrix has seven large containers full of “files” at a U-Store-It center has me thinking the feds ought to conduct a raid to see just what those “files” might be. It’s already been shown in court that Bagotrix hated the mundane paperwork that goes with bureaucracy, so who created those “files” and why were they saved? Hmmm….

    Comment by The Mad Hatter Wednesday, Jul 28, 10 @ 11:26 am

  24. “$15,000 ‘first communion’ gift”

    Actually, it was a $1,500 christening/baptism gift, but I get your point.

    I suspect that the planned public auction of Blago’s “stuff” in storage will turn out to be as exciting as the opening of Al Capone’s vault ;-)

    Comment by Secret Square Wednesday, Jul 28, 10 @ 11:41 am

  25. I’ve served on two juries in my lifetime. One criminal–a receiving stolen goods charge that we hung 6-6 on and resulted in a mistrial. One a pedestrian/vehicle accident resulting in a judgement to the pedestrian finding a 60/40 fault split (she was not in the crosswalk and did not have a signal) but the award was such that it magically covered all of her specials (medical, rehab and lost wages costs) despite the 60/40 fault split.

    In the end, what mattered to these juries was rightness and fairness. The resolution was arrived at (or not) that was thought fair, and then the jury instructions were used to formulate the verdict such that it complied with them. I don’t know if other juries operate that way or not.

    Comment by cermak_rd Wednesday, Jul 28, 10 @ 11:44 am

  26. Secret Square, it was the Luciano story on 11 January, 2002 which was in repsonse to the John Kass 10 January, 2002 story where Rod was quoted as saying –”If you’re going to raise the son-in-law bit, go ahead. But I’ve got to tell you, and don’t tell Dick Mell this, but in Peoria nobody knows who the heck Dick Mell is.”–

    Comment by Cindy Lou Wednesday, Jul 28, 10 @ 11:46 am

  27. so what were our alternatives? uber conservative Ryan
    and nut job, and ethically challenged, Judy. it’s not
    like Illinois rejected, oh, say, Hoffman in the general.
    in the primary, they did reject Vallas. that’s on the
    Dems, and, a gift from dad in law.

    Comment by Amalia Wednesday, Jul 28, 10 @ 12:16 pm

  28. Amaila,

    Ryan was and is a decent man whether or not you liked his political leanings.

    He was an easy choice against clown Blago for someone making a fair and honest assessment.

    If you are hopelessly partisan you can see the results we get.

    Comment by jaded voter Wednesday, Jul 28, 10 @ 12:27 pm

  29. Jaded, Rolando Cruz might not agree with your assessment.

    Comment by wordslinger Wednesday, Jul 28, 10 @ 12:29 pm

  30. ===nut job, and ethically challenged, Judy===

    You fell for Rod’s ads, plain and simple. Bragging about still being duped by a criminal is not a good thing. Just sayin…

    Comment by Rich Miller Wednesday, Jul 28, 10 @ 12:32 pm

  31. wordslinger,

    R. Cruz would have good reason not to agree. But as you may know this inflexibility with regard to their work is all too common among prosecutors. They seemed obsessed with appearing strong and don’t like to revisit convictions.

    Society is partly to blame for blindly demanding politicians to be “tough on crime” w/o seeing how that can play out. The public should demand finding the truth in criminal cases wherever it may lead, not just convictions.

    Ryan was flawed like all people but still a decent man. Obviously it is easier for me to say than someone like R. Cruz. Life is complicated.

    Comment by jaded voter Wednesday, Jul 28, 10 @ 12:47 pm

  32. Cincinnatus - Some juries start with tentative votes. But most juries in a long federal trial want to review the evidence count-by-count. They tend to work through the instructions in a businesslike manner, with the majority using the instructions and any pieces of evidence to reason with anyone who disagrees. Often in corruption cases there is no real dispute on the jury. Sometimes, jurors will resolve disputes by agreeing to convict on some counts and not others.

    It’s almost impossible to imagine Blago being acquitted on the count of lying to the FBI — the evidence from the tapes is overwhelmeing. That’s why lawyers talk about cases being won or lost in jury selection. If a goofy juror (or two) got through the process and bases a decision on the lawyers’ ties, or Blago’s hair, or the girls being present in court, the jury could hang. But the likelihood of a conviction on that count is very high.

    Convictions on many of the other counts are likely, but could be affected by the evidence on certain counts, or the amount of sympathy for the defendants (and their approach to the case). A conviction on all counts is a significant possibility.

    Rob is a different story. Jurors may respond to sympathy, or a disagreement, by a compromise to acquit Rob. Or they may decide the evidence is so much weaker, let him go. My bet is he gets convicted on at least one count, but it’s a much closer question.

    Going through all of those counts will take some time, likely into next week. A week of deliberations will not mean that the jury is hung; just that they’re being conscientious.

    Comment by Anonymous Wednesday, Jul 28, 10 @ 1:14 pm

  33. Rich,
    I can’t download the jury verdict form. Link keeps taking me to the home page.

    Comment by Pembleton Wednesday, Jul 28, 10 @ 1:49 pm

  34. Refresh and try again.

    Comment by Rich Miller Wednesday, Jul 28, 10 @ 1:53 pm

  35. could someone who knows something let us in on how long a verdict takes to get reached with this sort of a thing. next week?

    Comment by shore Wednesday, Jul 28, 10 @ 1:54 pm

  36. “in Peoria nobody knows who the heck Dick Mell is”

    The real problem, apparently, was that in Peoria and a lot of other places downstate, no one knew who the heck Paul Vallas was.

    Comment by Secret Square Wednesday, Jul 28, 10 @ 2:00 pm

  37. Shore - trust me. Next week is the most likely time. But you never know for sure.

    Comment by Anonymous Wednesday, Jul 28, 10 @ 2:07 pm

  38. How can we trust you? You’re anonymous.

    Comment by Scooby Wednesday, Jul 28, 10 @ 2:09 pm

  39. Gracias. Any chance you could obtain/post the jury instructions?

    Comment by Pembleton Wednesday, Jul 28, 10 @ 2:14 pm

  40. Scooby, that’s a great comeback.

    Comment by Stooges Wednesday, Jul 28, 10 @ 2:16 pm

  41. VanillaMan @ 10:33am; Re “Proponents of government activism has to come to terms with the sheer magnitude of these crushing failure and their foolishness in continuing to advance government’s role in our lives.”
    Government is an important role in every citizen’s life. Public service and government for the people by the people are not dirty words we should take lightly. What of “the sheer magnitude of these crushing failures” in corporations, banking,medical industry, and even the Church, should we dimishish the roles of all these institutions because we elected a corrupt clown for governor. Our government of laws is working and we are all witness to it’s strength in watching this trial.

    Comment by Padraig Wednesday, Jul 28, 10 @ 2:16 pm

  42. I think it’s time we pause for a moment and give Rich a giant THANK YOU for keeping this blog a free area for us to not only read about the Blago trial but to also post our opinions (even though the dirty rat will sometimes delete my posts). There’s really no other area to go and read the most up-to-date information on this trial than on The Capitol Fax Blog. Thanks for letting us “po” folks keep up with the current events of Illinois politics and for your dedication especially to the Blago trial.

    Comment by Marsha Miller (not your aunt) Wednesday, Jul 28, 10 @ 3:03 pm

  43. The defense should have done something to prove Patti earned those commissions. The only eveidence has large cash payments going to her business, and no works. Put that together with the spending habits and other testimony about end of office payouts, and this was more then just talk…its just blago and cronies were arrested on the way to the payout.

    Comment by Ghost Wednesday, Jul 28, 10 @ 3:34 pm

  44. VMan believes in limited government — one limited to providing him an indoor job with no heavy lifting and lots of time on his hands.

    Comment by wordslinger Wednesday, Jul 28, 10 @ 3:37 pm

  45. What of “the sheer magnitude of these crushing failures” in corporations, banking,medical industry, and even the Church, should we dimishish the roles of all these institutions because we elected a corrupt clown for governor.

    LOL! Yeah - right!

    I don’t know what Church you are complaining about, or what evil businesses, but really, can you get beyond your confusion between being a citizen/taxpayer and being a worshipper/consumer? That is so 20th Century poli-sci! What year is it?

    Comment by VanillaMan Wednesday, Jul 28, 10 @ 3:37 pm

  46. VMan believes in limited government — one limited to providing him an indoor job with no heavy lifting and lots of time on his hands.

    Listen Ebenezer,
    Us Bob Cratchit in government add value to this blog, as do other workers who report on their experiences and views. You want a blog without us? Try the AARP.

    Sometime I’ll have to write a song about that to go along with the Dickens novel he wrote about you.

    Comment by VanillaMan Wednesday, Jul 28, 10 @ 3:42 pm

  47. The latest mistrial motion is at least the 4th, plus the motion for dismissal. What a crock. Closing statements are not evidence, so generally no one objects. But they have to be based on evidence, which Adams ignored repeatedly and got called on. Judge Zagel upheld the objections where they ignored or distorted the record.

    The jury is the finder of credibility and fact - but it is based on the record, not attorney argument. I can’t stand up and call someone a liar in court based on nothing. I can generally ask the jury to question someone’s credibility because of things like their motive to lie. I can point out to the jury actual misstatements or contradictions in a witness’ testimony. But I don’t get to stand up and misstate what they said and then claim they were a liar because of the misstatement (one thing Adams did) or just tell you they are a liar because of how they looked or who they are (something else Adams did). The judge isn’t making a credibility finding when he says you have to base your statements on the evidence - he’s trying to make sure the jury is basing its ruling on the evidence and the law rather than bias or argument. Because Adams had nothing on the record, he was the one hijacking the province of the jury, and the prosecution called him on it. Idiota.

    Comment by Berkeley Bear Wednesday, Jul 28, 10 @ 4:36 pm

  48. Hey Rich, but you might want to look at this article from Politico: http://www.politico.com/blogs/bensmith/0710/Blago_is_innocent.html#comments

    I would expect more intelligence from an award-winning political news outlet. I guess all your statements about national media are correct. The dummies bought Blago’s lies.
    I interned in D.C. in the same room with Politico (they share offices with WJLA-ABC). These guys know D.C., but are obviously clueless about Illinois. I put in a good word for you in the comments (it wasn’t up as of 4:55 b/c of pre-screening).

    Comment by tanman Wednesday, Jul 28, 10 @ 4:59 pm

  49. Forget the post, read the moronic comments. Sheesh.

    Comment by Rich Miller Wednesday, Jul 28, 10 @ 5:14 pm

  50. Sam Adam thanked the Governor for allowing his daughter to be born (All Kids). Didn’t All Kids have an income eligibility requirement?

    Comment by Its Just Me Wednesday, Jul 28, 10 @ 5:19 pm

  51. @Its Just Me - I was thinking the same thing. Would Sam Adam, Jr’s kid even qualify for the All Kids program? Sounds like more bunk to me.

    Comment by Those Crazy Kids Wednesday, Jul 28, 10 @ 6:48 pm

  52. Everyone was eligible for AllKids. Premiums based on income. Move along.

    Comment by Rich Miller Wednesday, Jul 28, 10 @ 7:00 pm

  53. Anonymous - Wednesday, Jul 28, 10 @ 1:14 pm:

    Thanks for the info…

    Comment by Cincinnatus Thursday, Jul 29, 10 @ 9:15 am

  54. And it begins….http://www.wgnradio.com/shows/johnwilliams/wgnam-john-williams-blagojevich-song,0,1640040.htmlstory LOL!!!

    Comment by SouthernIL Thursday, Jul 29, 10 @ 9:15 am

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