* 9:00 am - From the US Attorney’s office…
Former Chicago Police Commander Jon Burge was arrested today at his home in Florida on federal obstruction of justice and perjury charges for allegedly lying about whether he and other officers under his command participated in torture and physical abuse of one or more suspects in police custody dating back to the 1980s. Burge was charged with two counts of obstruction of justice and one count of perjury in a three-count indictment that was returned under seal by a federal grand jury last Thursday and unsealed today following his arrest by FBI agents from Chicago and Tampa.
The charges allege that Burge lied and impeded court proceedings in November 2003 when he provided false written answers to questions – known as interrogatories – in a civil lawsuit alleging that he and others tortured and abused people in their custody.
Burge, 60, of Apollo Beach. Fla., near Tampa and formerly of Chicago, was expected to appear later today in U.S. District Court in Tampa. He will appear at a later date in U.S. District Court in Chicago, where he will face prosecution.
The arrest and indictment were announced today by Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois; Grace Chung Becker, Acting Assistant Attorney General for the U.S. Justice Department’s Civil Rights Division; Robert D. Grant, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation; and Steven E. Ibison, Special Agent-in-Charge of the FBI’s Tampa Field Division.
“There is no place for torture and abuse in a police station. There is no place for perjury and false statements in federal lawsuits,” Mr. Fitzgerald said. “ No person is above the law, and nobody – even a suspected murderer – is beneath its protection. The alleged criminal conduct by defendant Burge goes to the core principles of our criminal justice system,” he added.
“Throughout this nation, law enforcement officers make daily sacrifices in the pursuit of justice,” said Acting Assistant Attorney General Grace Chung Becker. “It is imperative that we take these charges seriously but also bear in mind they do not reflect upon the conduct of the vast majority of law enforcement officers.”
Mr. Grant said: “Everyday Chicago Police Officers execute their sworn duties lawfully with great skill, courage and integrity. Sometimes they do so with great peril, as we have been sadly reminded in recent weeks and months. But police officers have a special duty which is underscored by today’s announcement. Police officers don’t serve the public as judge and jury and they have a special responsibility to care for those within their custody, regardless of their alleged crimes. Today’s announcement brings great shame on the career of retired Commander Jon Burge.”
The investigation is continuing, the officials said.
* Full press release
* Indictment
* 1:44 pm - Mayor Daley says nobody can blame him for Burge…
Two years ago, Mayor Daley accepted his share of responsibility and offered to “apologize to anyone” for the torture of suspects by Jon Burge — even as he argued that the ultimate responsibility rests with the Chicago Police Department.
On Tuesday, the mayor changed his tune.
Hours after Burge was arrested in Florida and charged with perjury and obstruction of justice, Daley refused to accept even an ounce of responsibility for one of the ugliest chapters in the history of the Chicago Police Department.
Never mind that a $ 7 million report by special prosecutors faulted Daley, who served as state’s attorney during the 1980’s, for failing to follow up on a 1982 letter from then-Police Supt. Richard Brzeczek that strongly suggested abuse in the case of accused cop killer Andrew Wilson.
Raw audio is here.
* 3:41 pm - From the US Attorney’s office…
We have received the following information about Burge’s court appearance this afternoon before U.S. Magistrate Judge Thomas B. McCoun III in Federal Court in Tampa:
Burge was represented by a federal court-appointed attorney for today’s hearing. (I don’t have his/her name.)
He is being released this afternoon on a $250,000 secured bond, meaning he will be posting his residence as security.
He must surrender his passport.
He must report to pre-trial services in the Middle District of Florida twice a week.
He must surrender his firearms to a friend for safe-keeping.
His travel is restricted to the Middle District of Florida and the Northern District of Illinois.
He must give pre-trial services in Tampa his travel plans when he comes to Chicago.
He is currently scheduled to be arraigned at 9 a.m. on Monday October 27 before U.S. District Judge Joan H. Lefkow in U.S. District Court in Chicago.
- Bill Baar - Tuesday, Oct 21, 08 @ 9:07 am:
Illinois would be a very different place without Fitz. Wonder how long he has left.
- Carl Nyberg - Tuesday, Oct 21, 08 @ 9:09 am:
It’s about time.
I hope the legal process is as painful as it can be in this guy’s case.
Has the FOP started whining about the injustice yet?
Have you ever noticed that the FOP puts ten times the energy into defending cops who violate the civil rights of African-Americans as it does on cases where regular cops have legit complaints about employers behaving badly?
A whistleblower cop gets fired in retaliation for documenting misconduct by the police department and the FOP barely lifts a finger. But if a cop kills a Black on the South Side the FOP goes into full damage-control mode.
- wordslinger - Tuesday, Oct 21, 08 @ 9:11 am:
Wow. Didn’t see that coming. Justitia fiat, ruat coelum—Let justice be done, though the heavens fall.
- Quadly - Tuesday, Oct 21, 08 @ 9:18 am:
Will President Obama re-appoint Fitzgerald?
You think he’d be on record clearly saying so.
- Blind Eye - Tuesday, Oct 21, 08 @ 9:25 am:
Even Mother Tribune gives a tip o’ the hat:
{The Chicago Sun-Times first reported the arrest.}
OUCH!
- Anonymous - Tuesday, Oct 21, 08 @ 9:25 am:
Congratulations are in order.
How certain are we, I wonder, that there aren’t other junior Burge-types operating in the Chicago police department right now.
Despite all the hype around Jody Weis and his reforms, one has the impression that Weis really doesn’t have much of a grip on what goes on
out on the beats. And what goes on likely involves far less transparency (like cameras, cameras everywhere in the stations) and far too many frivolous arrests on drug possession, while for the really criminals, the ones with the money,
nothing much changes. It’s a lot easier to beat up on some low level drug seller than it is to go after the guys with the brains and the real money.
The massive and lucrative drug trade going on daily in many Chicago neighborhoods suggests that the latter just isn’t happpening.
- Plutocrat03 - Tuesday, Oct 21, 08 @ 9:26 am:
Perhaps Burge can be offered a reduced sentence for implicating his boss above like Rezko
- Wumpus - Tuesday, Oct 21, 08 @ 9:29 am:
Well, Obama can take some credit as the videotaping of police interrogations was put into his lap by Jones over the other guy???? Name drawing a blank!
- wordslinger - Tuesday, Oct 21, 08 @ 9:34 am:
Being a cop is a tough job. The great majority of them are decent, hard-working people, they’re your friends and neighbors. Lord knows if you’re ever in a jam, you hit 911 and they’re there.
This sadist tarnished his badge and I hope they throw the book at him. But let’s be thankful for all the good cops out there.
- Bill Baar - Tuesday, Oct 21, 08 @ 9:39 am:
Wordslinger… you don’t think the good cops aren’t working in fear of the Burges in the Department too?
Will President Obama re-appoint Fitzgerald?
You think he’d be on record clearly saying so.
If MSM were doing it’s job, Obama would have been asked and on the record long ago….
…but they ain’t.
- wordslinger - Tuesday, Oct 21, 08 @ 9:48 am:
Bill Baar, did I indicate that somehow? I’m not sure what your point is?
- Plutocrat03 - Tuesday, Oct 21, 08 @ 9:54 am:
I’m sure the BO and McCain are on record supporting the Fitz, but political promises are one thing and actions are another.
- North of I-80 - Tuesday, Oct 21, 08 @ 10:03 am:
Look what happened the last time a Democrat took the office of President: ALL 93 US Attorneys were fired March 1993.
- Anon - Tuesday, Oct 21, 08 @ 10:06 am:
Doesn’t anyone ever get tired of all these prosecutions (Martha Stewart and Scooter Libby were examples in the national news) where the government goes after people for perjury, but not for the underlying crime itself? I know the old saying about how the coverup is always worse than the crime, but I thought that meant the political implications, not the jail time. It all smacks of prosecutors being too lazy to make the prime case or playing “gotcha” when the law doesn’t actually reach what the defendant did, which may (for all I know) be the case here — i.e., there may not be a law that allows prosecution of a supervisor for physical abuse carried out by his subordinates. Anyway, I want bad guys prosecuted as much as the next person, but I think this business of “we can’t get you for the crime we want, so we’ll get find somewhere that you may not have been 100% truthful and prosecute you for perjury” is outrageous.
- Secret Square - Tuesday, Oct 21, 08 @ 10:07 am:
Obama and McCain HAVE been asked whether they would keep Fitz and both have answered in the affirmative:
http://illinoisreview.typepad.com/illinoisreview/2008/03/barack-obama-pr.html
I suppose one could argue that merely saying Fitz is “doing a good job” isn’t the same as promising to reappoint him; but it’s a start.
Remember, the only presidential candidates who actually made an issue of Fitz’s employment were Republicans who didn’t like what he did to Scooter Libby.
Also, I would think that if Fitz is as smart as he’s supposed to be he would have taken steps to insure that investigations now underway can continue in his absence.
- Bill Baar - Tuesday, Oct 21, 08 @ 10:12 am:
…did I indicate that somehow? I’m not sure what your point is?
No, you didn’t.
And the point to be made is getting the Burges out of the CPD is a huge help to the good cops.
We don’t have to point out most cops are good.
We have to point out good cops are in just as much fear of the Burges as any other Chicagoan.
A corrupt CPD tyrannizes other cops just as much as the citizens….even more so.
- cermak_rd - Tuesday, Oct 21, 08 @ 10:12 am:
It’s about time. And Anon, the reason perjury is a frequent charge is because the perjury itself obstructs the justice process so that justice can’t prevail. In its way, it is far worse than many crimes (though I can’t, on a visceral level, say that it’s worse than torture, but it does go to the heart of our system more).
- VanillaMan - Tuesday, Oct 21, 08 @ 10:12 am:
Who did Burge work for? Who appointed him? Why was he appointed? How did he get approved?
Guys like this just don’t go bad once they are in leadership positions, there was a pattern before he attained the position he received.
Who represented the citizens of Chicago with his annointment?
They are to blame too. They let us all down.
- Bill Baar - Tuesday, Oct 21, 08 @ 10:13 am:
My bet: Fitz goes early.
If Blagojevich indicted and Obama implicated, then get ready for a crisis.
A heck of a way to start an administration… very tough times ahead.
- archpundit - Tuesday, Oct 21, 08 @ 10:13 am:
==Look what happened the last time a Democrat took the office of President: ALL 93 US Attorneys were fired March 1993.
Just like March of 2001 when the last Republican was elected!
- Rich Miller - Tuesday, Oct 21, 08 @ 10:17 am:
Archpundit is right, North. Take a breath.
- Rich Miller - Tuesday, Oct 21, 08 @ 10:18 am:
BB, you should also take a breath. Assuming things not nearly in any sort of evidence.
- Blind Eye - Tuesday, Oct 21, 08 @ 10:24 am:
Burg was not the only one to testify at the civil trial who’s testimony has subsequently come under questioning.
If it weren’t filled with 8th ward lackeys that are too busy reading Sneed’s column or collaborating for the last several hours on trying to solve the Jumble word puzzle, a professional Cook County Public Health Department might have issued a public alert about an epidemic of severe anal sphincter contraction sweeping the downtown area right now.
- Bill Baar - Tuesday, Oct 21, 08 @ 10:27 am:
….not nearly in any sort of evidence
[ Tony Rezko sent a letter to a judge. In that letter, he expressly states neither Sen. Obama nor I did anything wrong ] repeated five times.
Just imagine the repititions when he’s indicted.
- Slick Willy - Tuesday, Oct 21, 08 @ 10:34 am:
7 US DAs fired in December of 2006 (11 since 2005) vs. 93 US DAs fired by Janet Reno in 1993. Regardless of your affiliation, one must admit that letting go of all 93 DAs at once is a bit unusual. Sadly, DAs serve at the pleasure of the President and good ones may get cut loose by an incoming regime looking to pay back its loyal followers.
- 47th Ward - Tuesday, Oct 21, 08 @ 10:38 am:
Sorry Slick,
It’s only unusual to people like you who don’t pay attention. US Attorneys serve at the pleasure of the president. Most incoming administrations ask for and receive the resignations of all appointees from the previous administration.
Not only is it not unusual, it is in fact common practice. Again, please pay attention.
- Leroy - Tuesday, Oct 21, 08 @ 10:39 am:
Obama will get rid of Fitz by offering him a better job somewhere else.
Or one of Obama’s proxies will offer Fitz a high paid job in the private sector.
What we will *never* hear is that Obama is not re-appointing Fitz. But mark my words, as soon as Obama is elected, Fitz will be gone. The media in Chicago will howl, but no one will point the finger at the Chicago machine politician in the White House.
- wordslinger - Tuesday, Oct 21, 08 @ 10:40 am:
Clinton came in after 12 years of GOP rule. Of course he demanded the resignations of all the U.S. attorneys. What did Ike do after 20 years of Democratic rule?
- archpundit - Tuesday, Oct 21, 08 @ 10:43 am:
—7 US DAs fired in December of 2006 (11 since 2005) vs. 93 US DAs fired by Janet Reno in 1993. Regardless of your affiliation, one must admit that letting go of all 93 DAs at once is a bit unusual.
It wasn’t unusual at all. At the beginning of any administration changing from one party to the other, all are asked to submit resignations. Sometimes, a few are kept around, but mostly they are replaced. Ashcroft did the same thing as Reno.
In fact, for those who like Patrick Fitzgerald, that’s how we got him Scott Lasser resigned/was relieved with the Bush administration entering office.
- Bill Baar - Tuesday, Oct 21, 08 @ 10:46 am:
yeah, but did Ike or Clinton fire any US Attorneys about to indict the Gov of their state on the word of a guy who helped Ike or Clinton with their mortgage?
We’re on the road to an amazing political possibly constitutional crisis… with AQ and others out their getting ready to test Obama.
It’s going to be quite a time sooner rather than later….. and we in Chicago will be in the thick of it.
- Leroy - Tuesday, Oct 21, 08 @ 10:46 am:
“I suppose one could argue that merely saying Fitz is “doing a good job” isn’t the same as promising to reappoint him; but it’s a start.”
No, Secret…it is not a start. It is a distraction.
Change? From a Chicago machine politician? What in the blazes does a politician from Chicago know about change?!?
- Bill Baar - Tuesday, Oct 21, 08 @ 10:56 am:
Fitz ought to quit and get ready for a run for Mayor or Gov.
- wordslinger - Tuesday, Oct 21, 08 @ 10:57 am:
Bill Baar, I’m astounded.
If you think Obama would spend a penny of political capital to save the sorry hides of Blago or Rezko, you haven’t been paying attention. You think he raised half a billion dollars and spent two years campaigning to bail out those hustlers? Unbelievable.
I admit, I’ve underestimated Obama many times over the years. No more. The fact is, we’re witnessing a political master on par with Clinton, Reagan and FDR. And those guys, for all their optimism and smiles, could stick it anyone when it served their purpose. That’s the job.
- Sacks Romana - Tuesday, Oct 21, 08 @ 1:06 pm:
Honestly people, we know that Obama has connections to Rezko, but I seriously doubt he has any illegal connections. The sort of top political advisors that join a presidential campaign of this calibur do their own opposition research before getting on board. They look into every possible skeleton in the closet before the candidate ever gets trotted out on the national stage declaring their run. They would have definitely investigated the very obvious connection with Rezko.
As for Patrick Fitzgerald, the man is everything a US attorney should be: going after criminals on the state and city level that don’t have the capacity to legitimately police and prosecute their own. It would be political suicide for Obama to 1) get rid of Fitzgerald and 2) do anything like the mass firings of Clinton and Bush, particularly after the recent US Attorney scandal in the Bush administration.
- Captain America - Tuesday, Oct 21, 08 @ 1:38 pm:
I think Patrick Fitzgerald is the greatest U.S. Attorney in the history of the Northern District of Illinois.
I hope Fitz is allowed to “finish” his work in Chicago for the next year or two after the election, although corruption in Illinois seems to be a never-ending problem. I don’t think Obama will fire him, but a promotion to a high level civil service job in the Justice Department is warranted. We need more conscientious, competent public officials like him at all levels of government - people who will stand up and speak truth to power - no matter who they are and what the consequences might be!!!
- Captain America - Tuesday, Oct 21, 08 @ 1:44 pm:
It’s a sad commentary that Burge was never prosecuted for his “enhanced interrogation techniques”, by various local legal authorities long before now. It’s pretty clear that torture was his modus operandi and it just isn’t right, no matter how despicable the “perps” were.
- Loop Lady - Tuesday, Oct 21, 08 @ 2:51 pm:
Cap’n A and I are in agreement…Burge is no better than the folks at Gitmo torturing prisoners whilst the Bush Administration turns a blind eye …I hope the family of victims get their recompense…I just can’t stomach corrupt, abusive cops…
- Arthur Andersen - Tuesday, Oct 21, 08 @ 3:25 pm:
It’s disappointing to see all the word-parsing going on here (I’ve been waiting for someone to chime in with “it depends on what the meaning of the word ‘fired’ is”) with nary a sentence about the disgusting, dirt off my shoulder, disavowal of responsibility by Richie Daley this afternoon.
All the good, decent men and women of the CPD and the citizens of Chicago deserved much more than they heard from their mayor today.
To the other point of contention, if I was talking to my boss around the time my contract was up, I would feel substantially more secure in my employment if he/she said “I’ll keep you” as opposed to “I think you’re doing a good job.”
Personally, AA thinks John Kass nailed it when he speculated awhile back that Fitz would likely find himself as “Attorney General to Mars” in the Obama administration.
- Blind Eye - Tuesday, Oct 21, 08 @ 3:51 pm:
It looks like the sphincter checks I refered to earlier are starting to be updated here this afternoon. Plenty of others to be surveyed however.
Part of the genius of this tactic by Fitzgerald; using the civil trial as a foundation for perjury and obstruction charges rather than the statute of limitations challenged direct criminal charges will be in the need for a criminal defense.
I don’t think that perjury and obstruction of justice in a civil matter will entitle Burge, or any other civil servant in a smilar situation to a criminal defense funded by the taxpayers. Its pretty hard to build a connection between the charges filed by the government here, and the fulfillment of their responsibilities of their job.
Time to for a few people to “lawyer up”; but this time I think on their own “dime”. If this is indeed the case that at least in some small part justice will have been done, even f they beat the charges and are acquitted.
- Amy - Tuesday, Oct 21, 08 @ 4:50 pm:
well, this could have happened long ago so i’m not certain how great Fitz is. Burge happened during Jane Byrne’s administration. she was a witness in the Wilson Bros. case. the Manhattan DA should fear ouster. Fitz will get an offer to head back to the city of his birth but if he does not want it, he will get to stay here.
- Ole' Fitz - Tuesday, Oct 21, 08 @ 5:01 pm:
Patrick Fitzgerald has accoplished much for this State. Hopefully, his best accomplishment will be to have trained a breed of professional US Attorneys who follow in his footsteps. I’m not talking about the Scott Lazar’s of the world who convict the Mayor’s nemesis one week and the next week fly off on a junket with Boss II. I talking about officials with integrity.
That way, if Obama throws the Mayor a bone and moves Fitz out, there will be 3 more candidates,trained by the man himself, waiting in the wings to take his place.
- Don't Taze Me - Tuesday, Oct 21, 08 @ 5:32 pm:
Omaba would never criticize the corruption under States Attorney/Mayor Daley. They share David Axelrod….I knew he was not for real when he turned his back on this Burge thing. Congratulation Senator, Axelrod made you President.
- Loop Lady - Tuesday, Oct 21, 08 @ 7:13 pm:
Watching Chicago Tonight, I am disgusred by Richie’s refusal to accept an iota of responsibility in this matter…could this be the beginning of the end for RMD?
- Lynn S - Tuesday, Oct 21, 08 @ 9:49 pm:
Come on, guys, we all know the fix was in for Fitz when Daley came out and supported Obama’s bid for president. The real question: will voters finally toss Daley out of office over this, and if they do, will Daley (who was Prosecutor of Cook Co. when Burge was doing his foul deeds) face any indictments over the way Burge and his team were constantly ignored?
- Common Sense - Tuesday, Oct 21, 08 @ 10:05 pm:
What a lovely city for the 2016 Olympics.
- Rick - Wednesday, Oct 22, 08 @ 12:42 am:
Obama was silent on Jon Burge.
Anita Alvarez could be affected by this.
It is absurd for Daley to say he is not responsible.
- Downtown - Wednesday, Oct 22, 08 @ 8:06 am:
It would be nice to see the beginning of the end for Daley. Daley having to take responsibility for a change for his actions and not deny he new about something. I’ll believe it when I see it. These men lifes were taken away, CPD and the Mayor’s office condone the behavior pretendng that they didn’t know. Please! There are good cops in CPD but CPD has a pattern and practice. Time to clean their act up.
- Bill - Wednesday, Oct 22, 08 @ 8:56 am:
===Obama was silent on Jon Burge.===
LOL