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Friday, Dec 19, 2008 - Posted by Rich Miller

* That’s it. No mas. I’m done for a couple of days unless something incredibly big happens.

Check Illinoize for weekend developments, and don’t forget to buy an ad at InsiderzExchange. Peace and goodwill to all.

* This one is for my mom…

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Friday, Dec 19, 2008 - Posted by Rich Miller

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This just in… Governor to make “statement” to the press today at 2 *** House letter to Fitz released ***

Friday, Dec 19, 2008 - Posted by Rich Miller

* 5:37 pm - These 22 people have Patrick Fitzgerald to thank. The governor has ignored pardon requests for years…

Hours after declaring himself innocent of federal corruption charges Friday, Gov. Rod Blagojevich pardoned 22 people who had sought clemency through his office.

In a statement released by his office in Chicago, the governor pointed out that his authority to grant such executive clemency comes from the Illinois Constitution, which also is the document being cited in possible abuse of power impeachment charges against Blagojevich.

* 4:32 pm - I’m told the last time that Ed Genson won one of these corruption cases was 1999.

*** 4:31 pm *** The full video of Sam Adam’s presser is here.

*** 3:53 pm *** The Illinois GOP has red-flagged a comment by Sam Adam. Earlier this week, Ed Genson said Gov. Blagojevich would not appoint a replacement for Barack Obama. Adam wasn’t so sure today…

*** 3:53 pm *** Chicago Public Radio has posted the full press conference at their site, including remarks by the governor’s attorney.

* GOP State Sens. Murphy and Althoff…

*** 3:42 pm *** Quinn says at least step aside…

Illinois Lt. Gov. Pat Quinn encouraged the governor to step aside under a constitutional provision that would allow him to keep his title and give his duties to an acting governor.

*** 3:40 pm *** Washington, DC reporter must not be talking to anybody from Illinois…

Many Democrats had hoped privately that Blagojevich had (finally) come to the realization that he was in a politically untenable position and the best — and only — thing for him to do was step aside.

Please. What sane Illinois Democrat expected RRB to resign today?

*** 3:37 pm *** IL GOP Chairman Andy McKenna…

“Anything short of resignation today from the Governor was unacceptable.

“For the good of the people, Rod Blagojevich should resign from office immediately and spare voters any more heartache than he’s already caused.

“Illinois voters have lost faith that Blagojevich Democrats are going to do the right thing, which is why we called on Lisa Madigan to demand the legislature convene and strip Rod Blagojevich of his senate appointment powers and give a vote to the people.”

*** 3:36 pm *** From Senate GOP Leader-Elect Christine Radogno…

“Governor Blagojevich’s combative statement to the media today once again points up the need for a special election to fill President-Elect Obama’s U.S. Senate seat. It is clear this Governor intends to remain in office despite the scandal enveloping him and the State of Illinois.

“We cannot allow this Governor to make the decision – or control the process – on who will next serve Illinois in the United States Senate. Some have reported that Governor Blagojevich does not ‘intend’ to fill the seat. I would argue strongly that we cannot allow Governor Blagojevich to control the process – and make a decision to leave the seat vacant for a time to come. It is the only way we can tell Illinois citizens when they will have a U.S. Senator.”

*** 3:29 pm *** Quote of the day goes to the governor’s attorney…

“He told me if it doesn’t work, if it is too hard if the people of Illinois suffer, he will step aside,” attorney Sam Adam Jr. said after the governor finished speaking.

I got news for you, Sam.

*** 3:19 pm *** The complete transcript of the goernor’s statement is here.

*** 3:05 pm *** Video of the governor’s statement…

*** 3:03 pm *** More from the governor’s statement…

“Let me tell you what I’m not going to do,” he said. “I’m not going to do what my accusers and political enemies have been doing and that’s talk about this case in 30-second soundbites on ‘Meet the Press’ or on the TV news. Now, I’m dying to answer these charges. I am dying to show you how innocent I am. And I want to assure everyone who’s here and everyone who’s listening that I intend to answer every allegation that comes my way. However, I intend to answer them in the appropriate forum in a court of law. And when I do, I am absolutely certain that i will be vindicated.” […]

“Now, I know there are some powerful forces allayed against me. it’s kind of lonely right now. But I have on my side the most powerful ally. And it’s the truth. And besides I have the personal knowledge that I have not done anything wrong.” […]

“To the people of Illinois, I ask that they wait and be patient, sit back and take a deep breath and please reserve judgment,” he said. “Afford me the same rights that you and your children have. Presumption of innocence. The right to defend yourself. The right to your day in court. The same rights that people would expect for yourselves.”

And…

Quoting Rudyard Kipling, Blagojevich called on the public to be patient and reserve judgment until the facts unfold in criminal proceedings.

“Don’t give way to hating,” he said. “Sit back and take a deep breath and please reserve judgment.”

*** 2:11 pm *** Sam Adam is speaking now.

“I’ll guarantee you, when those tapes come out… you’re gonna find out the truth on these conversations.”

Adam is now pushing back against the impeachment committee’s probe of the governor’s attempt to pass health care legislation. Expected.

“If the people of Illinois suffer, he will step aside… But I know this governor, and he has worked his entire career fighting for the poor and fighting for the disenfranchised… he can do it and he will.”

“Give us a second to breathe… give him a second to breathe and let him go back to what he does best and that’s governing.”

Q: How do you know when the threshold has been crossed for inability to governor? “This is something that is new… He’s trying the best he can. [He’ll make the decision when] nothing at all can be done… Three or four days before Easter we may have a better idea here.”

Now they’re comparing RRB to Harry Truman. Wonderful.

Good point: “The governor’s wife said something derogatory about the Cubs that nearly half the city who are Sox fans have said the same thing.” lol

“Give me the tapes and I’ll come in here and be forthright with you

“He’s not going to apologize for [working for seniors, expanding health care, etc.]”

-30-

*** 2:07 pm *** Here we go.

“I’m here to tell you right off the bat that I am not guilty of any criminal wrongdoing…. I will fight, I will fight, I will fight until I take my last breath. I have done nothing wrong and I’m not going to quit a job that people hired me to do because of false accusations and a political lynch mob.”

“I intend to answer them in a court of law, and when I do I am absolutely certain that I will be vindicated.”

“I have on my side the most powerful ally there is, and it’s the truth. And besides, I have the personal knowledge that I have not done anything wrong.

To the people of Illinois: “Afford me the same rights that you and your children have. The presumption of innocence. The right to defend yourself… Wait and be patient, sit back and take a deep breath.”

“Merry Christmas, happy holidays” and that’s it.

*** 2:04 pm *** 2 minute warning.

*** 1:53 pm *** ABC7’s live video of the Blagojevich presser is slated for this link [weather broadcast right now]. I’ll have CBS2’s live feed when it goes hot. NBC5’s live shot is here.

*** 1:46 pm *** House Republican Leader Tom Cross will have reaction shortly after the governor’s statement, Paul reports.

* 1:31 pm - ABC7 is live at Obama’s presser announcing Ray LaHood as Secretary of Transportation. Click here.

*** 1:23 pm *** Blagojevich won’t take questions. From CNN…

His attorney, Ed Genson, said Blagojevich will read the statement but will not answer reporters’ questions. Genson said he did not feel it was prudent for the governor to answer questions now

*** 1:20 pm *** Paul reports from the press room that the place is already packed. 17 TV cameras, Paul says.

* 1:16 pm - Like I said earlier, the governor’s arrest has finally forced him to do the job he was elected to six years ago. Pathetic…

After four-years, the Village of Hopkins Park finally received a signed contract from Gov. Rod Blagojevich giving it a 99-year lease on the abandoned state prison site in Pembroke Township.

* 12:57 pm - Click here to read how the impeachment hearings looked to an out-of-state blogger who happened to wander in yesterday.

* 12:38 pm - I gave subscribers lots of details about this story earlier today…

Several members of an Illinois Senate impeachment procedures panel today are meeting with constitutional lawyers in Chicago to discuss how to handle a possible removal trial of Gov. Rod Blagojevich.

Members of the Special Committee on Impeachment Trial Procedures began a closed-door meeting with constitutional law experts shortly after 9 a.m., said Cindy Davidsmeyer, spokeswoman for Senate President Emil Jones.

Davidsmeyer said the panel, made up of five Democrats and four Republicans, will establish rules and procedures of a trial should House members impeach Blagojevich. She said the attorneys conferring with lawmakers are working pro bono.

* 12:37 pm - Several outlets will carry the guv’s press conference, including WUIS Radio.

*** 12:10 pm *** The House impeachment committee’s letter to US Attorney Patrick Fitzgerald has been posted online. Read it yourself by clicking here.

*** 12:06 pm *** From the AP…

Illinois Gov. Rod Blagojevich is not expected to resign or take questions when he delivers his first public statement about his arrest on federal corruption charges.

*** UPDATE *** CBS2 will carry the presser live today and will start coverage shortly before 2 o’clock. The link will be posted on the blog at that time.

* 9:08 am - From a press release…

**Governor’s Public Schedule**
For TODAY, December 19, 2008

CHICAGO – Governor Rod R. Blagojevich will make a statement to the press.

WHO: Governor Rod R. Blagojevich

TIME: 2:00 pm

DATE: Friday, December 19, 2008

WHERE: James R. Thompson Center
Second floor Conference Room #025
100 W. Randolph Ave.

…Adding… Former Capitol Fax intern Paul Richardson will be covering the presser for us, proving once again that working for me is like working for the Outfit - you can’t ever leave.

213 Comments

AG Madigan, Genson trade barbs

Friday, Dec 19, 2008 - Posted by Rich Miller

* AG Madigan traded barbs with Ed Genson yesterday…

Illinois Attorney General Lisa Madigan, who lost a bid this week to have the state Supreme Court consider removing Blagojevich, said she’s disappointed in the attitude of Genson, a renowned defense attorney. She zeroed in on Genson’s statement earlier this week, saying that he’s taking the potentially expensive Blagojevich case partly for “fun.”

“You know what? This isn’t fun,” Madigan shot back in an interview with CBS 2 Political Editor Mike Flannery. “This isn’t fun for the people of the state of Illinois. It’s not fun to see your governor arrested and taken away in handcuffs. … Unfortunately, Mr. Genson seems to have an attitude that is not appropriate for the circumstances.”

Madigan said Genson should act more professionally when he addresses the House committee.

Genson responded later in an interview with CBS 2 Chief Correspondent Jay Levine. “When Lisa Madigan pays me, she’ll have the right to say what she thinks is appropriate,” Genson. “I am paying her salary, and I don’t think what she says is appropriate.”

Oof.

* As I told you yesterday, Genson may have gotten himself into hot water with the impeachment committee. The governor’s attorney apparently didn’t notice his microphone was on when he made a wisecrack to an aide who told him about a phone message…

“Tell her the truth, I’m stuck in this stupid hearing.”

Yikes.

* Related…

* Blagojevich Attorneys Consider ‘Walking Out’ of Impeachment Proceedings

24 Comments

Enough, already

Friday, Dec 19, 2008 - Posted by Rich Miller

* It’s really time that the media stops dragging President-Elect Barack Obama into every detail of Illinois politics. From the Tribune…

But we’d like to hear Obama say one thing loud and clear right now: The best thing for Illinois citizens would be to hold a special election to fill his Senate seat.

There’s no legal issue that stops Obama from expressing his views on this. It’s a critical decision for Illinois. Do we hold an election or leave the appointment of a senator in the hands of the governor?

Earlier in the week, when a Tribune reporter asked Obama about this, Obama said he would leave the decision to the legislature.

But Democratic leaders of the legislature are stalling. Obama can have some influence. He can push them publicly to set up an election. It should be held at the same time as 2009 municipal elections to minimize cost and get the position filled quickly.

Obama has promised to disclose his staff interactions with the Blagojevich people next week, per a request from the US Attorney…

“After the President-elect announced an internal transition team investigation, the United States Attorney’s Office requested a brief delay of the release of a report of that investigation to conduct certain interviews.”

Obama is no longer our US Senator (he resigned weeks ago), and he has a few more important things on his plate than every possible legislative decision.

Also, it’s probably more likely that we’ll get an impeachment and removal and, therefore, an appointment before a special election can be held. Keep that in mind as well. I’m basically an agnostic on this issue, but there is zero chance that the General Assembly will return before January to take up the matter (unless Blagojevich does something extremely stupid like attempt to make the appointment on his own, which his lawyer said he wouldn’t do).

* And I’m not sure that the IL GOP wants to make this argument…

Republicans have awakened from their post-George Ryan lethargy to campaign vigorously for a special election. But it’s possible the people’s best hope and the GOP’s best ally may be Ed Genson, Blagojevich’s lawyer and one of Chicago’s premier courtroom strategists.

Impeachment gives the Legislature wide leeway, so Genson’s quiver doesn’t hold as many legal arrows as in a courtroom. Still, his legal skills might be able to extend the impeachment process long enough for pressure to build to force lawmakers to schedule a special election.

Genson might try to take this matter into the federal courts, but that would almost assuredly be doomed. He won’t delay it long.

* Related…

* Republicans Revolt on RNC’s Obama-Blago Strategy

* Mikva not interested in replacing Obama in Senate; touts Rep. Jan Schakowsky for the seat

* Washington Post: We aren’t fans of gubernatorial appointments to the Senate. They are undemocratic and subject to abuse. Mr. Blagojevich’s alleged actions show in vivid detail the danger of putting that power in the hands of one person. The decision on who should represent the people of Illinois should rest in their hands.

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Impeachment odds and ends - and oddities

Friday, Dec 19, 2008 - Posted by Rich Miller

* I meant to point this out earlier, but should Special Agent in charge of the Chicago FBI Robert Grant be calling into WLS AM’s Don and Roma show to cheerily explain why the Blagojevich arrest was made? Also, what the heck was he doing joking about endorsing Don’s “candidacy” for US Senate? This whole thing is already a circus without help from the FBI.

* Meanwhile, Gov. Rod Blagojevich is carrying on as if nothing has happened…

A pre-Christmas gift? Sneed is told Gov. Blagojevich, who is showing no sign of yielding his power, wielded his pen to sign 60 petitions for clemency Thursday.

• • To wit: While everyone waits to see if President Bush grants clemency to former Gov. George Ryan (Dec. 23?), Gov. Blago decided to help erase the backlog of 2,300 clemency petitions awaiting approval.

• • Background: “The backlog contains requests from innocent people whose convictions were overturned but couldn’t get a job because they needed a pardon to erase the conviction from their record,” said a Sneed source.

Actually, he’s finally appearing to do the job that he was elected to do six years ago. He’s never shown any interest at all in those clemency petitions, for instance. He signed a bill yesterday that was passed by the Senate on Tuesday. That’s a complete rarity.

Blagojevich’s arrest has ironically been a boon for some.

* One of the governor’s strongest congressional supporters has finally spoken out…

[U.S. Rep. Jerry Costello] wants Blagojevich to resign or be impeached so Lt. Gov Pat Quinn can step in and make an appointment to fill Sen. Barack Obama’s senate seat.

* I’ve seen this “logic” used time and time again…

GIULIANI: You need, you need — the key here to look for is the overt act. You’ve got to have an agreement to commit a crime between two people, and they have to do something to bring the crime about.

HANNITY: Right. But they don’t have — they didn’t — do you think they did enough here then?

GIULIANI: I don’t know. I haven’t — I mean I haven’t seen all the evidence.

The “overt act” is ordering aides to make phone calls or visits to carry out the governor’s alleged schemes.

* The Daily Herald takes a look back…

It was 10 years ago today that the U.S. House voted to impeach President Bill Clinton and send the case on for a trial in the U.S. Senate.

Then-U.S. Rep. Rod Blagojevich was just finishing his first term in Congress and voted “no” on all four impeachment counts - two counts of perjury, one count of obstruction of justice, and one count of abuse of power - against the two-term Democratic president.

Now that Blagojevich, a two-term Democratic governor, finds himself the subject of impeachment proceedings for alleged abuse of power, his comments have newfound meaning and offer a possible insight into whether he’ll resign or force lawmakers to try to remove him.

“In the long view, our actions today will be a stain on President Clinton, but it will be a bigger stain on the 105th Congress,” Blagojevich told the Chicago Sun-Times after the 1998 vote.

Oops.

* Click the pic for a larger version. Originally from IR…

* More oddities…

* Feds informed of gov.’s alleged mob links

* Rod Blagojevich vs. Morty Seinfeld

* Sequel to Sarah Palin ‘nude painting’: A Rod Blagojevich ‘nude painting’?

* Rahm and Rod in happier times

* Bloomberg Campaign Manager Was Aide to Embattled Illinois Governor: When asked about Mr. Tusk on Tuesday evening, Mr. Bloomberg said, “Bradley is an honest, hard-working, competent guy,” who, he added, “never had anything to do with parts of that administration.”

* Britt: Blagojevich editorial cartoons

15 Comments

Sweating the small stuff

Friday, Dec 19, 2008 - Posted by Rich Miller

* Don’t let this AP story panic you…

Illinois lawmakers could be forced to build their impeachment case against Gov. Rod Blagojevich on a raft of relatively small grievances, rather than the blockbuster Senate-seat-for-sale allegations, for fear of undermining federal prosecutors’ criminal investigation.

Members of the state House impeachment committee said Thursday they will do nothing that would interfere with the investigation by U.S. Attorney Patrick Fitzgerald. If Fitzgerald asks lawmakers not to interview certain witnesses, they will abide by that, they said. […]

The latest complications, along with other developments, suggest it could be more difficult to dislodge Blagojevich than it appeared just a week ago.

* That last paragraph is misleading, as this bit buried way down in the piece clearly shows…

Committee members said the criminal charges against Blagojevich will still play a part in the impeachment proceedings. If nothing else, lawmakers will be able to use the 77-page federal criminal complaint, which includes sworn statements from the FBI and damning excerpts from the governor’s wiretapped conversations.

There’s a whole lot of stuff in that complaint, and not just the wiretap evidence.

* The “smaller” abuse of power stuff (besides the DHFS problems discussed below) will definitely help pad the final impeachment document…

JCAR executive director Vicki Thomas said in nearly two decades she has never seen an administration “blatantly ignore” the legislative oversight panel.

Auditor General William Holland then testified about the lack of cooperation he gets from some of Blagojevich’s agencies. […]

Other witnesses complained about the administration’s routine refusal to release public information, even when requested under the Freedom of Information Act. The administration is still fighting a court order to release federal subpoenas that have been served on it.

* The Tribune sums it up…

Although they may not sizzle like claims that Blagojevich tried to sell a U.S. Senate seat, the allegations that the unpopular governor bypassed the legislature and mismanaged the state likely will serve as cornerstones for an impeachment vote.

“It’s not as sexy as the criminal aspect,” said Rep. Connie Howard (D-Chicago), who questioned whether the governor had abused his power, “but it has to do with whether or not an executive feels that he is the last word on everything.”

* Related…

* Daily Herald: Impeachment years in the making

* Impeachment: Day 3

* Tollway Chairman John Mitola denies pressure from Rod Blagojevich on road contracts

* Tollway tries to preserve interchange, weather Blago storm

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“I can’t recall,” attorney-client privilege frustrate impeachment committee

Friday, Dec 19, 2008 - Posted by Rich Miller

* It was like pulling teeth yesterday…

The director of the state’s healthcare agency today asserted his attorney-client privilege before a panel weighing impeachment of Gov. Rod Blagojevich, saying he would testify about facts surrounding Blagojevich’s push to expand healthcare but would not comment on communications involving the program’s legality.

Barry Maram, director of the Illinois Department of Healthcare and Family Services, said his comments would be limited due to an ongoing court challenge of Blagojevich’s expansion of the state-subsidized FamilyCare insurance program.

* More…

The state’s top welfare officials repeatedly said Thursday they didn’t know or couldn’t recall who it was that decided to press forward with a taxpayer-financed health coverage expansion Gov. Rod Blagojevich wanted but lawmakers rejected.

“I don’t know who initiated the initial initiation,” said Barry Maram, director of the Illinois Department of Healthcare and Family Services.

Lawmakers are looking at the program as possible evidence of abuse of power by the governor.

Tamara Hoffman, Maram’s chief of staff, similarly said she couldn’t recall how the push to override lawmakers occurred but she would scan her notes, though she cautioned it might take a while to sort through the clutter.

* And some more…

Panel members were less than pleased with Maram and his chief of staff Tamara Hoffman’s reason for dodging questions. The two were reprimanded several times by Rep. Lou Lang (D-Skokie) who demanded to know how many people were signed up under the expanded program and how much it cost. […]

Lang also hammered the agency officials in asking who decided to move forward with the healthcare expansion. Maram said he did not know who initiated the program, but that his agency met several times with officials from Blagojevich’s office about the expansion beginning more than two years ago. Hoffman said she had a direct conversation with Blagojevich regarding rules to institute the program.

* Ms. Hoffman later posted this comment on my blog…

I had many conversations with many attorneys as we proceeded and, sorry, I really don’t remember at this time what those conversations were. I can tell you that I wasn’t told by the Governor. I can look in the mirror in the morning. The Governor NEVER asked me to do anything unlawful. [emphasis in original]

I checked it out with Tami and it was her.

27 Comments

About those wiretaps…

Friday, Dec 19, 2008 - Posted by Rich Miller

* Chutzpah…

An attorney representing Governor Rod Blagojevich in his criminal and impeachment proceedings says lawmakers considering impeachment proceedings should not consider material from federal wiretaps.

Attorney Edward Genson made his second appearance in front of the special Illinois House committee Thursday. He says the taped conversations have not been approved as evidence in a criminal trial.

“I have cases here that I won’t belabor you with where people have tried to talk about these things in front of grand juries, and they said they’ve said they couldn’t do it,” Genson told the 21-member panel. “Until we get a chance to contest it, until we get the underlying documents, the use of this is illegal.”

* Here’s the law…

18 USC Section 2515. Prohibition of use as evidence of intercepted wire or oral communications.

Whenever any wire or oral communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof if the disclosure of that information would be in violation of this chapter.

* And here’s what a commenter had to say about it yesterday…

Note the last clause. Here’s where he’s off kilter: If the disclosure of the tapped calls is illegal for the House committee to hear, it would also be illegal to have been submitted to the federal court as the basis for the complaint. Dumb beyond measure. He’s grabbing at straws.

Exactly.

* More…

Genson complained that the wiretaps might have been illegal, even though they were authorized by a judge. He said a number of hurdles have to be cleared before taped conversations can be used in a trial. Committee members have repeatedly pointed out they are not conducting a trial.

Genson may eventually ask a federal court to intervene and stop the House from using the wiretap evidence. Good luck with that, dude.

* Meanwhile, the impeachment committee has sent a letter to US Attorney Patrick Fitzgerald…

The letter to Fitzgerald, which was under virtual lock and key by the committee, explicitly identified about 20 current or former members of Blagojevich’s administration the panel wishes to hear from and several lobbyists, including those representing horseracing interests, sources said.

Among those named are Blagojevich adviser and lobbyist John Wyma, former chief of staff and lobbyist Alonzo Monk, ex-Deputy Gov. Robert Greenlee, Deputy Gov. Louanner Peters, former Blagojevich budget director John Filan, current budget director Ginger Ostro and Blagojevich’s most recent chief of staff, John Harris, who was arrested and charged with the governor on Dec. 9 and has since resigned, sources said.

Another name on the list is former Blagojevich personnel employee Dawn DeFraties, who was wrongly accused by the administration of allegedly manipulating the state hiring process and fired as a testament to Blagojevich’s commitment to battle corruption.

But an administrative law judge said the administration never proved its allegations against DeFraties, who said she merely was taking hiring orders from the governor’s office. A Downstate judge ultimately threw out the governor’s case against her, describing it as “bizarre” and “Kafkaesque.”

She was ordered reinstated and has acknowledged cooperating with federal investigators probing hiring fraud under Blagojevich.

11 Comments

Freezing the fund

Friday, Dec 19, 2008 - Posted by Rich Miller

* From the New York Times we have a more detailed report about the federal government’s attempt to freeze the governor’s campaign fund…

Gov. Rod R. Blagojevich of Illinois plans to ask that he be permitted to use campaign funds to defend himself against federal corruption charges, a lawyer who represents the head of the embattled governor’s campaign fund said Thursday.

Michael D. Ettinger, the lawyer for Mr. Blagojevich’s brother, Robert, who is chairman of the campaign fund, The Friends of Blagojevich, said that the governor would make the request to the judge assigned to his case when and if he is formally indicted.

“There’s a real question about how he will be able to pay for his defense,” Mr. Ettinger said. […]

Mr. Blagojevich may also be blocked from using campaign funds to pay for his defense. Mr. Ettinger said the fund has received a letter from the office of United States Attorney Patrick J. Fitzgerald warning that federal prosecutors would seek the forfeiture of the campaign contributions, and advising that the fund should not spend, dissipate, or conceal any of its resources. There was $3.6 million in the fund as of June 30, according to public filings.

* More from the Sun-Times…

Meanwhile, defense lawyer Michael Ettinger, who represents Robert Blagojevich, said there is an expectation that the governor’s campaign fund will be indicted.

“There’s precedent from [former Gov. George] Ryan,” Ettinger said. “I assume they’ll do that here too.”

If that happens, Ettinger said they’ll seek a hearing to have attorney fees set aside from the campaign.

Earlier this week, prosecutors notified the fund that they would seek to freeze it.

“Don’t spend it or conceal it or dissipate it, we’ll seek reimbursement if you do,” Ettinger said the letter stated.

* This bit of background shows that there is a precedent for using a frozen campaign fund to pay legal expenses, however…

Gov. Blagojevich’s last campaign finance report shows Friends of Blagojevich had $3.6 million in the bank as of June 30. The 76-page affidavit that accompanies the criminal complaint filed against Blagojevich cites a cooperating witness as saying his campaign was seeking to raise $2.5 million by the end of the year, when a tougher campaign fundraising law takes effect. […]

Putting attorneys and Blagojevich on notice that the campaign money could be forfeited if he were convicted could effectively freeze the fund — something the government did as it built its case against former Gov. George Ryan.

The Citizens for Ryan campaign fund eventually was charged and convicted of racketeering, although U.S. District Judge Rebecca R. Pallmeyer allowed the fund’s defense attorney to tap it for his fee.

* They want to use the campaign money because, as I told you yesterday, Attorney General Lisa Madigan has turned thumbs down on taxpayer financing…

Taxpayers will not have to foot the bill to defend Gov. Rod Blagojevich against criminal charges or moves to oust him from office, Illinois Attorney General Lisa Madigan said Thursday.

“It is absurd to suggest that taxpayers must finance the defense of a criminal action against Governor Blagojevich who is accused of corruptly betraying the public trust for personal and financial gain,” Madigan said in a letter to defense attorney Ed Genson.

Genson submitted a letter to Madigan Wednesday specifically outlining the cases against the governor and requesting the state pay for his defense in those cases.

Genson later claimed he didn’t expect taxpayers to fund his criminal defense, only his defense against ongoing impeachment proceedings.

Discuss.

* Related…

* Gov. Blagojevich on his own for legal bills

* AG rejects Blago request for representation

* Rod Blagojevich thwarted in attempt to have state pay legal costs

14 Comments

Morning Shorts

Friday, Dec 19, 2008 - Posted by Rich Miller

* Feds probe Moreno’s push for contract for pal

The Chicago Sun-Times reported Tuesday that Moreno sent word of minority contractor preference through county interim hospitals chief David Small, which led to a sit-down between Garcia and Med Assets President John Bardis, sources said. Med Assets hired Chicago Medical but recently ousted the company, claiming it overbilled by as much as 135 percent.

* Illinois Hunger Coalition reaches out to those hit by hard times

* Druggists can object to ‘morning-after’ pill rule

* Justices defer Plan B ruling

* Illinois Supreme Court revives pharmacy owners’ case against morning-after pill

* State officials say LaHood ready for transportation post

This afternoon in Chicago, President-elect Barack Obama will announce LaHood’s appointment to the transportation position — one of only two seats left to fill in Obama’s Cabinet.

* LaHood gets votes of confidence

* What does the transportation secretary do?

* Our View: Ray’s road less traveled from Congress to Cabinet

* Todd Stroger’s budget assailed by watchdog

* Civic group calls Stroger budget ‘bad deal’

“It’s an extraordinarily bad deal for the citizens of Cook County at an extraordinarily difficult time,” Civic Federation President Laurence Msall said. “We are opposing this budget, because it’s built on the unsustainable concept of borrowing over $360 million for operating expenses right on the heals of this massive tax increase.”

* Civic Federation: Plenty of blame to go around for 2009 Cook budget

* More pain parking downtown?

* Winter storm to pound north with snow, south with ice

* State ‘Pleads With Public’ Not To Drive In Snow

* Ice storm knocks out power for thousands in Central Illinois

* Kati Phillips: Have a Merry DIYChristmas

* Friday Beer Blogging: Holiday Hiatus Editon

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Protected: SUBSCRIBERS ONLY - Today’s edition of Capitol Fax

Friday, Dec 19, 2008 - Posted by Rich Miller

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Protected: SUBSCRIBERS ONLY - Ed Genson audio clips

Friday, Dec 19, 2008 - Posted by Rich Miller

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