Ed Genson press conference
Wednesday, Dec 17, 2008 - Posted by Rich Miller
• Press conference is over.
• Genson said he is Considering a challenge to the validity of the state’s impeachment standards in the federal courts
• “The constitution, the laws are lacking” (referring to the lack of standards beyond just 60 votes)
• “this is a real witch hunt”. (referring to the public climate not the hearings)
• “Minimum standard should be clear and convincing or even reasonable doubt”
• Genson on why he is asking for a state subsidy: He is entitled to be represented by the attorny general”
• 2:36 pm - “my client may or may not testify… He was planning to make a statement Friday but maybe not until next week…
• 2:32 pm - Genson: “What we have seen so far is insufficient… It’s just not right”
* 2:25 pm - The governor’s attorney Ed Genson is planning to hold a press conference at the Statehouse “blue room” in a few minutes. You can listen to the live stream at Springfield Public Radio’s WUIS by clicking here.
Please, confine your comments only to the press conference. We’ve got tons of threads for other stuff. Thanks.
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Must-listen audio
Wednesday, Dec 17, 2008 - Posted by Rich Miller
* From WUIS Radio…
Near the end of a [1993] legislative session…tempers become short and frustration sets in. The frustration level seems to be highest among freshmen. Some say they were naive in expecting to be included in the end of session negotiations. WSSU’s Mary McNeil talks with freshmen representatives…including Rod Blagojevich.
WUIS looked for that recording after a Capitol Fax commenter mentioned the interview yesterday. Listen by clicking here.
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* 1:51 pm - The Illinois Supreme Court has rejected Attorney General Lisa Madigan’s motion to remove Gov. Rod Blagojevich from office or strip his powers. The justices rejected the motion without comment.
* From AG Madigan…
Statement from Attorney General Lisa Madigan
I am disappointed in the Illinois Supreme Court’s decision.
Because of Governor Blagojevich’s refusal to resign, the State of Illinois is in an unsustainable situation. The serious criminal charges against Governor Blagojevich strike directly at the heart of his decision-making process and seriously impede his ability to legitimately exercise the powers of his office. Thus, while the U.S. Attorney’s Office and the impeachment process move forward, the State is left with a Governor who cannot make effective decisions on critical and time-sensitive issues.
The Illinois Constitution expressly gives the Supreme Court the authority to determine whether the Governor has the ability to serve. Given this constitutional provision, on behalf of the People of the State of Illinois, I sought relief in the Illinois Supreme Court to temporarily remove Governor Blagojevich so that the State could continue to function while the U.S. Attorney and the General Assembly proceed. The Constitution does not require the Illinois Supreme Court to act.
I am hopeful that the General Assembly will act with deliberate speed. It is imperative that we begin to restore the People’s confidence in their government.
* Press release from the two Republican legislative leaders…
Dear President Jones and Speaker Madigan:
In light of the Illinois Supreme Court’s rejection of the Attorney General’s request to remove Governor Blagojevich from office and the appropriately deliberative nature of the impeachment proceedings, we believe it is imperative that Illinois move immediately to set a Special Election date for the U.S. Senate vacancy.
Last week, you both scheduled special session dates to do just that. However, during both the House and Senate sessions this week, both of you refused to even allow debate on measures to strip the governor of his appointment powers, even after both of you publicly stated support for such efforts.
As representatives of the state of Illinois, we are called upon to be leaders. It is our obligation to ensure that the wishes of the many are carried out to the very best of our abilities. In light of the very serious charges brought against Governor Blagojevich and the formation of an impeachment committee, it is obvious that he cannot be allowed to appoint the successor to President-elect Obama’s seat. Any appointment to fill this seat by any single individual will be met with skepticism and questioned on ethical standards.
We ask you to call the Illinois General Assembly into Special Session immediately to take up action on legislation that would call for a special election to replace President-elect Obama. There is one group of people we can be sure that has not been tainted by political corruption in Illinois, and that is the electorate.
Sincerely,
Tom Cross
Christine Radogno
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Impeachment watch
Wednesday, Dec 17, 2008 - Posted by Rich Miller
* 2:15 pm - Adjourned until 10 o’clock tomorrow morning.
* 2:14 pm - Currie: Tomorrow’s hearing will focus on whether the governor has exceeded his authority on administrative rules, plus FOIA stuff.
* 2:12 pm - Rep. Durkin: We have the right to accept hearsay. It’s up to the Senate to decide whether or not to use it.
* 2:06 pm - Genson on where to draw the line on impeachment: “I would offer for your consideration that the line should be based on evidence… due process.. and confrontation (of witnesses).”
“Sitting there listening to hearsay upon hearsay is inappropriate.”
* 2:01 pm - Genson: Ali Ata is a convicted perjurer. “He pled guilty with the idea that he, Mr. Ata, was going to be able to ask for probation… anything he says has no value for your consideration because you are dealing with a convicted perjurer.”
Neither of the plea agreements of Ata and Joe Cari are sworn. They’re signed but not sworn, Genson said, pointing out that the committee’s rules required signed and sworn statements. Genson also claimed Cari is a “convicted extortionist.”
* 1:58 pm - “This is Alice in Wonderland!” Genson just exclaimed about the trick-box his client is in regarding the use of the federal wiretaps.
* 1:54 pm - Genson is now claiming that using information from the wiretaps is “illegal.”
• 1:30 pm - Dave Ellis has moved on to the Ali Ata allegations. Mainly they are just eating up time today. At least, so far.
Also, they may wrap up the week tomorrow and take the weekend off while they await some documents, etc.
* 12:38 pm - 15 minute recess.
* 12:32 pm - If you’re having problems with the House’s video/audio feeds, WGN TV has a feed on its page. Click here.
Also, the Daily Herald has a story up about something we mentioned earlier below: Blagojevich attorney trying to get taxpayers to foot impeachment defense tab
* 12:24 pm - There are a few stories online right now… AP: Blagojevich attorney challenges impeachment panel… SJ-R: Governor’s lawyer sparks fireworks at hearing… CBS2: Gov’s Attorney Comes Out Swinging At Impeachment - Ed Genson Complains Blagojevich Cannot Get A Fair Hearing… USA Today: Republicans want more seats on Blagojevich impeachment committee…
• 12:03 pm - I’m hearing the committee is expected to wrap things up much quicker than some had thought. One reason is there is no expectation that Fitz will cooperate. A story in the SJ-R today quoted someone predicting a late January finish. Not so, I’m told.
Also, I am updating from my iPhone so please forgive typos and abbreviations. Thanks.
• 11;44 am - Genson also claimed that introducing the fed complaint was illegal. But the code he cited dealt with courts only so that was dismissed as well.
Earlier, Genson asked for the state to pay his defense costs. Denied, told to take his request to the attorney general.
• 11:42 am - Genson said he wants subpoena powers and more time to prepare. Both denied. Currie: this is not a court.
• 11:38 am - Genson wants members recused, including Reps Black, Traccy and Black, based on their previous positions on this case. They made comments which showed they can’t be fair. Currie: Committee is not in a position to expel members.
* The House impeachment committee meets today at 11 o’clock. Watch or listen to it live by clicking here.
Please help those who can’t watch by live-blogging the events in comments. I’ll be at the hearing as well, so I may or may not be able to post much.
Do not use this post to comment on other items, please. Stick to the hearing, and only the hearing. Thanks.
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Question of the day
Wednesday, Dec 17, 2008 - Posted by Rich Miller
* There has been much back and forth over whether Attorney General Lisa Madigan’s motion at the Illinois Supreme Court is the right thing to do. AG Madigan wants the Supremes to remove Blagojevich from office, or at least transfer his powers to Lt. Gov. Quinn.
You can refresh your memory by going here, here and here.
* The Question: Is this the right thing to do, or does it set too much of a dangerous precedent? Explain fully, please.
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Jackson has everyone scratching their heads
Wednesday, Dec 17, 2008 - Posted by Rich Miller
* This is a strange story on more than one level…
Shortly after his 2002 election, Gov. Rod Blagojevich told U.S. Rep. Jesse Jackson Jr. (D-2nd) he’d planned to appoint Jackson’s wife as state lottery director but didn’t because the congressman refused his request for a $25,000 campaign donation, a person familiar with the conversation told The Associated Press Tuesday.
“Blagojevich went out of his way to say, ‘You know I was considering your wife for the lottery job and the $25,000 you didn’t give me? That’s why she’s not getting the job,’ ” the person said, speaking on the condition of anonymity because of the ongoing federal investigation.
Jackson spokesman Kenneth Edmonds declined to comment on the account but said Jackson has approached federal investigators to discuss the governor and others for years.
“He has shared information with federal prosecutors about public corruption during the past several years, including information about Blagojevich and others,” Edmonds said. […]
The person did not know whether Jackson’s wife, Sandi, who since has been elected to the Chicago City Council, had asked for the state lottery job. At the time, Blagojevich was the first incoming Democratic governor after years of Republican rule.
“The governor had kind of penciled Sandi in as lottery director and then asked for contributions from the congressman,” the person said.
Blagojevich and Jackson, Jr. had a major falling out before th 2002 primary. Jackson had promised an endorsement and then reneged. Blagojevich never forgave him. Ever. That’s one reason why I never thought that Blagojevich would appoint Jackson to the seat.
* The story began with this report from ABC7…
ABC7 has learned that since late last summer, the congressman has worked with federal prosecutors, informing on an alleged Blagojevich administration scheme two and half years earlier. […]
Then last summer, weeks after Rezko was found guilty of un-related corruption, the U.S. Attorney’s Office interviewed the congressman as a possible witness against the governor in the Peotone matter. […]
Hours before Blagojevich and his chief of staff John Harris were arrested, Jackson says prosecutors gave him a ‘courtesy call’ to let him know he was mentioned in the criminal complaint.
The revelations prompted a rash of speculation amongst the DC and local talking heads. What the heck was this all about?
As I’ve told you before, the “courtesty call” claim doesn’t appear to be true. Jackson made no bones about the third airport stuff a while back, but this is the first time we’ve heard about the Lottery appointment.
* And then the congressman’s office released this statement last night at about 6:30 from spokesman Kenneth Edmonds…
“As a responsible citizen and elected official, Congressman Jackson has in the past provided information to federal authorities regarding his personal knowledge of perceived corruption and governmental misconduct. This was completely unrelated to the current federal investigation regarding the U.S. Senate appointment. And it is absolutely inaccurate to describe the Congressman as an informant.”
Parse away.
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* A good summary to start off the conversation…
Following the lead of their counterparts in the House, Senate Democrats blocked a plan Tuesday to hold a special election to fill the U.S. Senate seat vacated by President-elect Barack Obama. […]
That would take a change in state law, but Democrats in both the Illinois House and Senate declined to take action on such a change this week. The Senate adjourned Tuesday afternoon and doesn’t plan to meet again until next year.
As Democrats adjourned the Senate, Republicans yelled loudly from across the aisle, imploring top lawmakers to debate the notion of a special election.
Democrats declined, and the power to appoint a new U.S. senator still belongs to Blagojevich for now.
* Here’s a more than slightly ominous quote…
“Now that this bill is not coming, the powers remain with him to appoint a senator,” spokesman Lucio Guerrero said, adding that he didn’t know what Blagojevich planned to do. “It is still his responsibility until - the powers are taken from him.”
Even God couldn’t help the Democratic Party if the governor goes ahead and makes the appointment.
* Senate President Emil Jones came up with a goofy alternative yesterday…
Jones, who has clashed bitterly with Quinn over utility rate-freeze legislation and a failed constitutional amendment allowing for the recall of corrupt officeholders, moved [yesterday] to push a bill that would strip the governor of the appointment power and give that authority to Secretary of State Jesse White.
“He’s the only out there who has indicated he doesn’t want to be governor so get a neutral more or less. That’s the only reason,” Jones said, when asked about the motivation behind that idea, which could resurface when the Senate returns to Springfield in Springfield.
Jones denied that the idea, which he said could surface as legislation when the Senate returns to Springfield next month, was a shot at his enemy, Quinn.
“No, no, that has nothing to do with it,” Jones said before adding a dig at the Sun-Times, which has endorsed another political enemy, U.S. Rep. esse Jackson Jr., for the vacant Senate post. “Maybe let the Sun-Times. They want to pick everyone.”
* The GOP is attempting to use the issue to gain some traction…
Republicans at the state and national level railed at the Democratic-led decision of the full legislature to adjourn until mid-January, effectively ending hopes for a special election to fill Obama’s seat
* Mark Brown is duly impressed…
Showing themselves more nimble than I can remember in many years, state Republicans are milking this for all it’s worth.
Since Monday, the Illinois Republican Party has been airing a stinging ad on cable television across the state, criticizing the prospect of Lt. Gov. Pat Quinn, a Democrat, making the appointment if he ascends to the governor’s office.
* More on the GOP react and their new ads…
The Illinois GOP will not say how much it’s spending on ads criticizing Democrats, particularly Quinn, for their position on a special election. A spokesman said the ad is running on cable television in markets that include Springfield and Chicago.
The Republican National Committee has put together an Internet video on the topic that notes Obama’s connections to Blagojevich.
The video, titled “Questions Remain,” shows pictures of Obama with the governor, along with an array of headlines about Blagojevich’s arrest. It includes a 2006 quote from Obama saying he would be happy to help the governor’s re-election effort, if asked.
The video doesn’t mention two key facts: that prosecutors say they have no reason to think Obama did anything illegal or that federal wiretaps recorded Blagojevich saying Obama’s team was refusing to cut any deal on the Senate seat.
* And the Tribune editorial board forgets about the past twelve months…
Democratic leaders are scrambling to limit the political fallout from the Blagojevich scandal. Sometimes they have sounded ludicrous. We heard Madigan proclaim Monday on “Chicago Tonight” that Republicans have been the real “enablers” of Blagojevich.
Come on.
When Blagojevich ran for re-election in 2006, Madigan was his campaign co-chairman. Obama supported Blagojevich. Quinn stood by his running mate: “In all my interactions with him, I’ve found him to be an honest person, and I believe he’s telling the truth,” Quinn said.
Democrats lined up behind their governor even though they knew he was under investigation for just the kind of pay-to-play maneuvering that snared him last week. (One notable exception: Atty. Gen. Lisa Madigan did not endorse him.)
The House and Senate Republicans were frothing at the mouth to cut a multi-billion dollar capital deal with the governor right up to the very end. In that way, they most certainly “enabled” Blagojevich.
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Was Blagojevich a bookie?
Wednesday, Dec 17, 2008 - Posted by Rich Miller
* The fact that Cooley has been telling this story for years seems to support his claims, but people are coming outta the woodwork in Chicago right now, so try to take a deep breath as you read this…
[Robert Cooley] was a criminal defense lawyer in Chicago in the late 1980’s who became one of the most potent witnesses against Chicago corruption, testifying for federal prosecutors in cases that resulted in dozens of convictions.
Cooley says that before Rod Blagojevich got into politics he was a bookmaker on the North Side who regularly paid the Chicago mob to operate. […]
Several years ago, when Mr. Blagojevich was running for re-election, Cooley provided the same information to the ABC7 I-Team. Because Cooley did not want to be identified at the time and the governor denied it, ABC7 did not report the story.
On Tuesday, Cooley spoke on the record.
He told ABC7 that Mr. Blagojevich regularly paid a so-called street tax to Robert “Bobby the Boxer” Abbinanti, a convicted outfit gambling collector. In the early 1980’s, Abbinanti was working for convicted West Side mob boss Marco D’amico. Bookies pay street taxes to the crime syndicate in exchange for being allowed to operate such a racket.
“I predicted five years ago when he ran the first time that he was a hands on person who would be selling every position in the state of Illinois and that it exactly what happened,” said Cooley.
*Semi-related rehash from yesterday afternoon…
* Rod Blagojevich pal Christopher Kelly to plead guilty in tax fraud case
* Is Rezko Still Relevant to Prosecutors?
* Delayed Rezko sentencing may mean more trouble for gov
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Impeachment roundup
Wednesday, Dec 17, 2008 - Posted by Rich Miller
* This passage from today’s SJ-R gets it right…
But lawmakers and others are quick to note the House investigation isn’t a legal proceeding. It’s a political process aimed at deciding whether Blagojevich is still able to govern.
“Our determination is not to find the governor guilty. Our task is to determine whether he’s capable of leading this state,” said Rep. John Fritchey, D-Chicago.
Kent Redfield, a political scientist at the University of Illinois at Springfield, says that creates a different expectation of what’s fair as lawmakers begin to grill Blagojevich and his administration in coming weeks.
“This is not about a murder that took place in Chicago or a bank robbery in Cairo. This is about running the state of Illinois,” Redfield said. “It’s a political decision, a political judgment, and so fair is not really the right term to use.”
* But one of the governor’s criminal lawyers has set the bar too high…
Another Blagojevich lawyer, Sheldon Sorosky, criticized the fast-moving impeachment process and, in particular, a Monday invitation from the committee for the governor to attend today’s hearing.
“In House Speaker Madigan’s press release regarding the Special Committee, he stressed that it was imperative that due process not be sacrificed for expediency’s sake,’ The Special Committee is failing to follow the speaker’s directive,” Sorosky wrote to Madigan’s chief legal counsel, David Ellis.
“By giving the governor and his counsel such short notice to be present before the Special Committee, the governor’s right to due process is being violated. Speaker Madigan’s demand’ not to allow passion and anger to overtake fidelity to the constitution and rule of law’ are being made empty words’ in light of lack of reasonable notice,” Sorosky said in a letter released by the House impeachment panel.
Impeachment is more like a grand jury than a criminal trial, and it’s not even that. The state constitution tasks the House with determining “the existence of cause for impeachment,” and then proceeding with impeachment itself. The committee is now determining if there is cause for impeachment.
And always keep in mind that impeachment is not a criminal process, with all the US Constitution’s protections involved, it’s a political process controlled by the House alone.
* Genson has no legal or constitutional right to demand anything at all. Keep that in mind today when he attends the impeachment committee hearing…
The attorney, Ed Genson, planned to attend Wednesday’s meeting of a special Illinois House committee reviewing potential impeachment and may provide the first hint of the embattled Democratic governor’s strategy.
Genson, a famously tough Chicago trial attorney, could signal that his legal team will participate fully in the committee’s work by cross-examining witnesses and arguing Blagojevich’s case. Or he could challenge the committee, perhaps arguing its review shouldn’t go forward for some reason.
* Some of this is right, some of it may not be…
The federal charges against Blagojevich represent the most scandalous information to be reviewed by the House committee. But with the investigation continuing and FBI officials saying they would not assist the impeachment, it is doubtful the criminal charges will play the biggest role in the proceedings.
Still, the criminal acts alleged to have been committed by Blagojevich provided lawmakers with a reason to proceed with impeachment after quietly discussing it for years.
The panel is expected to base its recommendation largely on actions Blagojevich has taken in the governor’s chair, including allegations of official misconduct, abuse of power and failing to follow state law. Specific acts include a questionable $1 million grant to a private Chicago school, spending millions of public dollars on outdated flu vaccines and expanding a costly health care program without legislative approval or the money to pay for it.
The committee also is expected to consider the guilty pleas of two Blagojevich donors on federal corruption charges. Ali Ata, a former agency director, said he gave Blagojevich a $25,000 donation and was later rewarded with a high-paid state job. Joseph Cari, a former national Democratic finance chairman, testified that Blagojevich discussed trading state contracts for campaign contributions.
* More on Genson…
With a curly mane of graying red hair and the demeanor of the late British dramatic actor Charles Laughton, Genson is a performance artist. He’s has been known to crack his cane across a defense table for the sheer theater of it or to bellow, “I am not your sweetie!” to a prosecution witness who dared address him as such. His presence fills up a courtroom and gives judges heartburn.
* And the governor is still not talking… much…
“I can’t wait to begin to tell my side of the story,” he said prior to going running through his Ravenswood neighborhood. “I’m dying to talk to the people of Illinois.”
A chipper Blagojevich added he would not be attending impeachment hearings in Springfield today, but he told reporters to “hang loose” while heading back into his house.
* Related…
* Road to impeachment is long; court action needed
* Illinois officials, governor’s attorney set for showdown
* Some answers about what will happen in Springfield
* State Capitol Q&A: Blagojevich’s potential impeachment
* Impeachment Day 1 now w/ Quote of the Day Reporter: What could the governor have done? Giannoulias: “Not get arrested.”
* Blagojevich scandal biggest non-election, non-economy story of the year
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