* 3:24 pm - Judge Holderman has authorized the release of some wiretap tapes…
A federal judge this afternoon authorized the release of secretly recorded conversations of Gov. Blagojevich, the first such release to the governor’s lawyers since Blagojevich’s Dec. 9 arrest.
Chief U.S. District Judge James Holderman gave defense lawyers until 5 p.m. Wednesday to say whether they approve of redactions in the conversations recommended by prosecutors. He set a Thursday hearing to discuss whether they can be released in the interest of time for the house impeachment panel.
The disclosure comes after prosecutors requested the release of four conversations to the House panel. Prosecutors said they believed the release of the selected conversations will not impede their investigation. They said they will hand them over by noon Tuesday.
The excerpts deal with Blagojevich’s alleged efforts to secure campaign payments from a contributor — harness racing businessman Johnny Johnston — in exchange for signing a bill that directed casino revenue to horse racing.
Johnston’s lawyer, Daniel Reinberg, said his client was captured on tape but he was told he is not a subject or target of the investigation. Johnston’s family runs both Balmoral and Maywood Park race tracks. Johnston hired former Blagojevich chief of staff Lon Monk in 2007 to do lobbying on behalf of the racetracks, Reinberg said. Monk’s cell phone was tapped by authorities
The question now will be whether the House wants to wait around for those tapes or press ahead without them.
By the way, this shouldn’t be a huge surprise.
…Adding… Maybe this ruling will finally put to rest Ed Genson’s repeated claims that the tapes were made illegally. I’m not holding my breath, but he just lost a major talking point today from what I can tell.
* 4:07 pm - Not a bad idea, but it’s pure stall…
Gov. Rod Blagojevich’s attorney says he’ll ask a federal judge to give a legislative impeachment committee all FBI tapes of the governor’s conversations and not just the four prosecutors are offering. […]
The committee had hoped for a decision Monday. But the skirmishing means the panel could decide to make its recommendation before getting any tapes. Another court hearing on the matter is set for Thursday.
* 4:27 pm - Impeachment committee attorney David Ellis wants the tapes fast, but says they’re not “make or break”…
“Time is of the essence,” the committee’s lawyer, David Ellis, told the court today. […]
“These tapes are relevant evidence. We’d like to have them,” Ellis told reporters. Still, he added, the committee has other evidence and can move forward without the recordings. “These tapes are not make or break,” he said.
Also, the judge appeared to scold Genson for his tirades about illegal recordings…
“I have done everything in my power to make sure that the government has complied with the law,” Holderman, who authorized the original wiretaps, told attorneys for the governor and others tied to the probe.
And we’re apparently not talking about a whole lot of tape here…
The transcripts “are not very long,” Holderman replied, describing at least one as “just a matter of minutes.”
* 5:00 pm - The House has slightly altered its session and impeachment committee schedule because of today’s tapes ruling. From a Steve Brown e-mail…
In light of the federal court action today, here is an adjustment to the schedule for the week…
Tuesday: Committee canceled
Wednesday: 3p.m. Committee
Thursday: 11 a.m. session
3 p.m. Committee
Friday 9 a.m. committee
…Adding… I asked Brown a follow-up about the House floor schedule. Here’s his answer…
The full house will be returning Thursday at 11 a.m….Friday through Tuesday still on
* 5:13 pm - Lou…
“If there’s a smoking gun on the tapes it would be valuable to us, but we will not wait very long for that because we want some kind of finality to this,” Rep. Lou Lang (D-Skokie), a member of the 21-person impeachment committee, said.
- Vote Quimby! - Monday, Jan 5, 09 @ 3:33 pm:
It would be prudent at this juncture to wait for the redacted tapes….unless the defense stalls for a while longer.
- Phineas J. Whoopee - Monday, Jan 5, 09 @ 3:37 pm:
Could the tapes be used as evidence in a Senate trial even if they were not introduced into the House Impeachment Committee?
- VanillaMan - Monday, Jan 5, 09 @ 3:41 pm:
Do not wait.
New revelations will propel the Impeachment, but we’ve got to be progressing to take full advantage of any new information within the tapes.
- You Go Boy - Monday, Jan 5, 09 @ 3:44 pm:
The taint emanating from the tapes will benefit those who are attempting to deny Burris a seat, therefore time is of the essence.
- Beowulf - Monday, Jan 5, 09 @ 3:49 pm:
Based on what is at stake (and Illinois is already the nation’s laughing stock so why prolong tha agony, let’s get this cancer out of the body called the Illinois government.
The Feds have an 85% conviction rate in northern Illinois. They don’t go to the federal courtroom unless they have an overwhelming amount of evidence and information on the accused. How do the 15% get off not being convicted then? It is called having deep pockets and knowing how to afford who the best defense attorney is. Blaogojevich is going down and it is only a matter of the timing as to when. And also as importantly, “Who Else”? I’ll bet a dollar to a donut that Blago will sing a sweeter song than Elvis ever did as to who else will be going to jail once Blago is finally convicted. And, they won’t necessarily all be Democrats
- Ghost - Monday, Jan 5, 09 @ 3:50 pm:
Phineas, short answer, depends. it is not clear what the rules are for intoroduction of evidence in the house. On the surface I would suggest that if the Johnston stuff wthout the tapes is part of the abuse of power article, then this leaves the senate opne to hear any evidence available on that point.
With the caveat that this is a political, not a legal process, I will jump into the legal framework. The Senate hearing is not an “appeal” type review where traditional review is limited to the record at hand. The Senate process is the first actual hearing or trial, if you want to fall back on a legal model. The house impeachment is more like the creation of the complaint of wrongdoing, with the enate being the trial. vidence is introduced at the trial stage, not at the point where the complaint is made. But the complaint should include the allegation in order for the trial process to consider the evidence on that point.
The house need only agree that they think wrongdoing has occured and vote to impeach; the senate is where you would technically consider “evidence”. Keep in mind many state administartive hearings allow hearsay evidence etc and do not follow the stricter evidentiary rules of a courtroom.
- more popcorn - Monday, Jan 5, 09 @ 3:51 pm:
The impeachment can’t start before the 14th anyway. Wait until next week and see what the judge says in response to the defense.
- Speaking at Will - Monday, Jan 5, 09 @ 3:51 pm:
press on without the tapes. would be fun to hear whats on them, but get it over with already.
- A Citizen - Monday, Jan 5, 09 @ 3:52 pm:
Don’t we already have the text transcription of those tapes? And hasn’t Genson claimed that the conversations were “just talk”? So the only thing to be learned would be the tone/tenor of the talking so as to try to determine if they might be simply idle chatter versus bonafide pay-to-play in deed and fact? I think they should proceed with the transcript(s) and complaint. Should the tapes be made available, consider them. But do not allow unnecessary delay to be wedged in.
- wordslinger - Monday, Jan 5, 09 @ 3:52 pm:
To state the obvious, we’re in new territory here in Illinois with the impeachment of a governor and now the introduction of tapes from a federal criminal investigation.
I don’t like it. The feds should stay out of it. The House has the criminal complaint, which they’ve chosen to use in their political exercise. That’s their call.
But I don’t like the feds picking and choosing which tapes they’ll release to further that process. Whether Blago is impeached or not is none of the Justice Department’s business. It can do its job, and the GA can do its job.
- Rich Miller - Monday, Jan 5, 09 @ 3:52 pm:
===Don’t we already have the text transcription of those tapes? ===
No.
- Easy - Monday, Jan 5, 09 @ 3:55 pm:
a house vote this week on impeachment is just cover for the dems who oppose a special election. In all likelihood, the house will have to vote on the same articles of impeachment next week as well. They should wait to hear the tapes.
- Rich Miller - Monday, Jan 5, 09 @ 3:55 pm:
===Whether Blago is impeached or not is none of the Justice Department’s business.===
Yes, it is. The US Attorney noted in his motion that the House impeachment committee is something like a quasi law enforcement agency, and the USA office often shares info with such agencies.
- A Citizen - Monday, Jan 5, 09 @ 3:56 pm:
Rich, uhoh! Sorry, I must have over reached via the complaint.
- Bill Baar - Monday, Jan 5, 09 @ 4:01 pm:
…USA office often shares…
He needs to be held accountable though on what he’s giving and not giving… this is starting to look abusive.
A week or so ago the committee was saying they didn’t need anything from Fitz. They had enough without.
Now this? Because it looks like the impeachment case might be weak so Fitz comes to save them?
- Macbeth - Monday, Jan 5, 09 @ 4:03 pm:
Blagojevich is enamored of Richard Nixon. This we know.
Will Blagojevich resign before being impeached?
If impeached, will he resign before the senate votes for removal?
It seems like Blagojevich would prefer to resign before impeachment to keep his political record intact.
Which is making me wonder: if impeachment is a foregone conclusion at this point, why allow yourself to *be* impeached? Like Nixon, I assume.
- Vote Quimby! - Monday, Jan 5, 09 @ 4:03 pm:
We had the transcripts of some of the Senate seat conversations, but not the others mentioned in the complaint. I wonder if Fitz asked for the extension to give the GA time to impeach and if they do—poof—go the charges…
- Rich Miller - Monday, Jan 5, 09 @ 4:03 pm:
===Because it looks like the impeachment case might be weak so Fitz comes to save them? ===
Blagojevich will be impeached and removed one way or another. Period.
Your concern for the rights of the accused is oh, so admirable, but the accused in this instance really has no rights.
- Rich Miller - Monday, Jan 5, 09 @ 4:04 pm:
===poof—go the charges===
Um, no.
Poof, goes RRB’s freedom, more likely.
- grace - Monday, Jan 5, 09 @ 4:07 pm:
is the committee still going to meet tomorrow at 1:00, or has that been changed? i would like to go see it for myself.
- Vote Quimby! - Monday, Jan 5, 09 @ 4:10 pm:
At least he won’t have to worry about his employment situation then…
- Rich Miller - Monday, Jan 5, 09 @ 4:10 pm:
===going to meet tomorrow at 1:00===
If you checked the website you’d see it was still posted. Things may change. This development just happened, so we need to give it a bit of time to fall into place.
- Vote Quimby! - Monday, Jan 5, 09 @ 4:11 pm:
==unless the defense stalls for a while longer==
Genson wants the release of ALL of the tapes? Couldn’t see that one coming…delay, delay, delay.
- Rich Miller - Monday, Jan 5, 09 @ 4:11 pm:
Three hots and a cot, VQ. Three hots and a cot.
And steady work, too.
- Skeptic Cal - Monday, Jan 5, 09 @ 4:13 pm:
“Gov. Rod Blagojevich’s attorney says he’ll ask a federal judge to give a legislative impeachment committee all FBI tapes of the governor’s conversations and not just the four prosecutors are offering. […]”
I thought lawyers were taught to be careful what you ask for….
- Rob_N - Monday, Jan 5, 09 @ 4:13 pm:
…“Maybe this ruling will finally put to rest Ed Genson’s repeated claims that the tapes were made illegally.”
Nah. Now he’ll just say the tapes might’ve been made on an 8-track and since no one uses 8-tracks anymore the tapes don’t really exist, now do they?
It’s in keeping with Zorn’s and others’ cautions on the Mystery Man defense.
- Phineas J. Whoopee - Monday, Jan 5, 09 @ 4:16 pm:
They might as well impeach him and let the Senate have the trial. These guys meet one day a week so it could take years if they wait. Blago should get all the due process the state is giving to 1st time DUI’s-another words none. Move’m out.
- ivoted4judy - Monday, Jan 5, 09 @ 4:35 pm:
Rich is correct, Rod is going down, first he will be impeached, then he will be convicted and sent away for a long time. The good news is they do allow hair brushes in federal prison camps. If he resigns the jury pool will think he did it because he knew he was guilty. I do not see this psychopath resigning, it would be nice, but not sure he does.
- Captain America - Monday, Jan 5, 09 @ 4:43 pm:
It isn’t complicated - we all know the governor’s behavior and his arrest make him unfit to continue as our chief executive. Anyone with a shred of decency and character would have resigned after his ignominious arrest.
Just do it - impeach him!
Anyone who votes against removing Blago from office will be a “dead person walking” the next time they run for reelection.
Ed Genson is a “bag of hot air” who knows everything about defending criminals and nothing about politics or impeachment.Let’s get it over with and install Pat Quinn as Governor ASAP. The outcome is ievitable. When the House and Senate vote, Blago will be impeached and removed from office.
- A Citizen - Monday, Jan 5, 09 @ 4:48 pm:
Genson is using the tapes release and impeachment process to prep for the criminal trial - even he sees the impeachment, conviction, and removal as a foregone conclusion. Guv may not have seen the light yet though as if he had he would be negotiating like mad to escape without jail time for himself and Patti. The criminal trial will be the Main Event.
- wordslinger - Monday, Jan 5, 09 @ 4:51 pm:
–Yes, it is. The US Attorney noted in his motion that the House impeachment committee is something like a quasi law enforcement agency, and the USA office often shares info with such agencies.–
Sorry, I’m not finding the motion anywhere on line, so I’m a little in the dark here.
I think the Impeachment Committee is a group of elected representatives involved in a political process as to whether to remove the governor from office.
I know the feds share information with other law enforcement agencies on criminal matters, but the committee is neither a law enforcement agency nor a judge as to whether crimes have been committed. They are operating within the boundaries of the state constitution that gives them a lot of power on their own without the feds.
The feds have a scary amount of power. I think their use and application of that power needs to be sharply constrained and I think they should stay out of state political processes.
- Rich Miller - Monday, Jan 5, 09 @ 4:52 pm:
===the committee is neither a law enforcement agency nor a judge===
Except the judge apparently disagrees with you.
- wordslinger - Monday, Jan 5, 09 @ 4:53 pm:
It’s good to be judge!
- Scooby - Monday, Jan 5, 09 @ 5:00 pm:
Hey Rich, can you expand on this a little bit: “Maybe this ruling will finally put to rest Ed Genson’s repeated claims that the tapes were made illegally. I’m not holding my breath, but he just lost a major talking point today from what I can tell.”
I don’t think it’s been a valid talking point for Genson, just bluster mostly, but it’s not clear how today’s ruling affects it. I would assume that Genson still plans to file a motion to rule the tapes inadmissable whenever the trial happens (presumably sometime after the indictment window expires) and his position is that until a judge rules against his motion to make the tapes inadmissable they are “illegal evidence”. Does today’s ruling by the judge releasing the tapes to the GA preclude Genson from filing a motion later on to dismiss the tapes as evidence? If not, couldn’t the evidence still potentially be thrown out, at least in theory?
- ivoted4judy - Monday, Jan 5, 09 @ 5:00 pm:
TO: ACitizen
too late, there will be no plea bargain with the “G”. They want jail time and they will get jail time.
- Ms. Rutan - Monday, Jan 5, 09 @ 5:04 pm:
I can’t wait for the hearings to begin again. I went to check things out for myself. In order to get into this open, public meeting, you had to show an ID, they photocopied it and required everyone to sign in with an address and telephone number. I didn’t see anyone refuse to provide the information/copy of the ID, but I thought that was a bit over the top.
- Bookworm - Monday, Jan 5, 09 @ 5:06 pm:
From a criminal law point of view, Blago, like everyone else, is innocent until proven guilty. However, to expect him to remain in office until those charges are resolved — especially when there are likely to be many more charges coming and Blago shows every sign of being a pathological liar — places an intolerable burden upon the confidence of the people of Illinois.
In European parliamentary systems, an executive/prime minister in this position could be removed through a vote of no confidence, which would require him/her to either resign or call a special election. In American law, impeachment and/or recall serve the same purpose. Since Illinois doesn’t have recall, impeachment is our only recourse. It was designed for precisely this kind of situation. If Blago isn’t impeachable, who is?
- Ivory-billed Woodpecker - Monday, Jan 5, 09 @ 5:17 pm:
My understanding is that federal policy guides USAs to seek a corrupt public official’s resignation in return for a reduced sentence.
Once the Senate expels him from office, Blagojevich would seem no longer to have the limited resignation chip to spend in plea/sentencing negotiations. In fact, if Fitzgerald is in no mood to negotiate, seeking an extension of the indictment deadline far beyond when Blagojevich’s senate trial is likely to be over seems a good way to have gotten out from under the policy.
- ivoted4judy - Monday, Jan 5, 09 @ 5:22 pm:
I do not think there is a “smoking gun” on these tapes. If there was Fitz would not have said that the tapes could be released. I doubt the tapes that get released will be part of any new indictment. What they will show is the Governor “abusing the power of his office”. The tape will show the Gov encouraging his crony to rrequire a large contribution from a citizen who happens to be in favor of a piece of legislation sitting on the Gov’s desk. There may be no crime, here but it shows the Gov abusing the power of his office. THAT MY FRIENDS is enough for the House to vote to impeach and for the Senate to throw the bum O-U-T!!!!!!!!!!!!!!!!!!
- Rich Miller - Monday, Jan 5, 09 @ 5:31 pm:
ivoted4judy, you’re probably a lot more right than wrong, and you’re not very wrong.
- ivoted4judy - Monday, Jan 5, 09 @ 5:36 pm:
Rich/ Of course I am right, I VOTED 4 JUDY, while more of you voted for the crook….
- 32nd Ward Roscoe Village - Monday, Jan 5, 09 @ 5:47 pm:
Yes, the criminal trial will be the main event, which is why Rod is playing the race card so that he can work the jury pool. I just wish he would have put these skills to a more productive use. Imagine what he could have accomplished!
- Rich Miller - Monday, Jan 5, 09 @ 5:50 pm:
=== I just wish he would have put these skills to a more productive use.===
The same could’ve been said of Baby Face Nelson, et al.
Plain and simple, he’s playing for the other side.
- 32nd Ward Roscoe Village - Monday, Jan 5, 09 @ 5:51 pm:
===Three hots and a cot.===
Or like Sonny in THE GODFATHER, the defense is going to the mattresses.
- RJW - Monday, Jan 5, 09 @ 5:59 pm:
Rich:
Do your insiders have any opinions/speculation on when a Senate trial might begin and how long it might take??
- Rich Miller - Monday, Jan 5, 09 @ 6:00 pm:
Those are some mighty thin mattresses
- Rich Miller - Monday, Jan 5, 09 @ 6:00 pm:
RJW, one word: Subscription.
- "low level paper pusher" - Monday, Jan 5, 09 @ 6:02 pm:
Easy (and others enamoured of the Special Election): do you really think that Blago would actually have signed the special election bill? Please. He would have found a way to “rewrite to make right” or some other such nonsense.
A special election was never going to happen, regardless of what the legislature did. Blago could not stand the blow to his ego and “authority”. He would have vetoed or sat on it, in the meantime making the appointment anyway.
- Loop Lady - Monday, Jan 5, 09 @ 6:07 pm:
I like the tie in with the Godfather…Sonny’s downfall was his temper…Rod’s is his self love and feelings of omnipotence…I can’t believe Kirk said the Guv has psychological problems…isn’t that a prerequisite for entering and succeeding in politics?
- Bill Baar - Monday, Jan 5, 09 @ 6:09 pm:
…but the accused in this instance really has no rights…
The rights Rich are the rights of the people of Illinois to have a political process without the interference of an AG. The AG should release them all, or release none of them, but to have him selectively insert himself into a political process isn’t health or right.
It’s the electorate and citizens of Illinois who are being made to take the backseat in this whole process. Information is dribbled out to us… the GA and Senate don’t have the guts to strip the Guv of his appointment right for fear of an election.
It’s voters rights more than anyone getting trampeled on here…
- ivoted4judy - Monday, Jan 5, 09 @ 6:19 pm:
Clinton’s trial only lasted 9 days, so I doubt Rod’s would take more than that. The only delays will be if Genson goes to federal court.
- Rich Miller - Monday, Jan 5, 09 @ 6:29 pm:
===selectively insert himself into a political process isn’t health or right===
He was specifically invited in by the House impeachment committee.
You got no argument here.
- Bill Baar - Monday, Jan 5, 09 @ 6:39 pm:
He was specifically invited in by the House impeachment committee.
He’s been investigating the Guv for what now…five years?
How’s government supposed to function like that… at some point these investigators need to move or call it quits.
I don’t think it’s good for Fitz to selectively release tapes after were this far into it. The best thing would be to dump it all so people understand how Illinois works.
The Guv’s rights are the least of it. The rights of the rest of us to know what’s been going on for these many years is what’s important.
- wordslinger - Monday, Jan 5, 09 @ 6:48 pm:
A Godfather analogy for Rod?
It’s not perfect, but I would say Sen. Geary from II. Smug, corrupt, thought he had real power and could shake down anyone. He had no idea what he was getting himself into.
- Rich Miller - Monday, Jan 5, 09 @ 6:54 pm:
===at some point these investigators need to move or call it quits.===
You must’ve missed that little arrest thingy a few weeks ago. It was on the news.
- Rich Miller - Monday, Jan 5, 09 @ 6:55 pm:
Oh, and there was that Rezko indictment a couple years ago. And Chris Kelly. And…
- ivoted4judy - Monday, Jan 5, 09 @ 7:08 pm:
when Gov Ryan got indicted within one day there was a defense fund set up and his friends were doing events to raise money for him. I have not heard ONE INKLING of anyone setting up a fund for Elvis. That says a lot about his ability to win friends.
- Ms Port Belly Mushroom - Monday, Jan 5, 09 @ 7:10 pm:
Good point, Judy. I wondered where organized labor has gone. You’d think they’d be raising millions to help the guy who was going to help them put hundreds of thousand of people back to work. It’s all crickets and wind in the trees in laborland.
- Loop Lady - Monday, Jan 5, 09 @ 7:35 pm:
Wordslinger: Yeah, but there was no bordello for Rod…his mistress was money…
- Country Boy - Monday, Jan 5, 09 @ 9:23 pm:
I think the reason Genson will say he wants them to get all the tapes is simple: If they are released to the committee they will become part of the record and afford him a chance to work on the criminal case. There is no doubt there will be impeachment the only thing in question is how the criminal trial will go.
- Pot calling kettle - Monday, Jan 5, 09 @ 10:14 pm:
Gensen will eventually get all the tapes as part of the discovery process. His request for them now is a delay tactic because the US Atty will have to go through each one and redact the names and other irrelevancies.
- Not Defending, But - Tuesday, Jan 6, 09 @ 12:32 am:
======at some point these investigators need to move or call it quits.===
===Oh, and there was that Rezko indictment a couple years ago. And Chris Kelly. And…===
Rich, I’m not trying to defend anyone here, but I know Chris Kelly was probably investigated and indited only because of the Governor. But, he was only indited because of his own personal screw ups. I am not being naive, but there is no direct connection between the charges against him that relate to Blago. Just his personal tax problems. Of course he may be singing and you may know more than I do, but his problems can’t be thrown into this. Yet.
- Gabriel - Tuesday, Jan 6, 09 @ 8:55 am:
==That says a lot about his ability to win friends. ==
What friends? They were groupies attached to his election prospects. Those prospects are dead. And the “friendships” along with them.
- Gabriel - Tuesday, Jan 6, 09 @ 9:05 am:
==Easy (and others enamoured of the Special Election): do you really think that Blago would actually have signed the special election bill? Please. He would have found a way to “rewrite to make right” or some other such nonsense.==
I don’t know if he would have signed it. I doubt he would. Nonetheless, it would have placed yet another impeachable option on the table.
That the ILGA hasn’t impeached the Governor yet is a travesty. We’re approaching 30 days since his arrest WITHOUT ANY ACTION TAKEN AGAINST the Governor.
A Parliamentary government would have held a “no confidence” vote within 48 hours of the arrest. There’s no reason the ILGA could not have moved as swiftly.
- Narcoleptic - Tuesday, Jan 6, 09 @ 9:16 am:
Gabe. You mean they thought he actually had “election prospects”? They really did believe they had weathered the storm right up until they clapped the irons on him? Wow, were “they” misguided.
- Rich Miller - Tuesday, Jan 6, 09 @ 9:28 am:
===A Parliamentary government===
I’m not sure you’ve noticed, but we don’t have a parliamentary system here.
- Rich Miller - Tuesday, Jan 6, 09 @ 9:29 am:
===but his problems can’t be thrown into this. Yet. ===
Wrong.
He’s changing his plea, remember?
- Gabriel - Tuesday, Jan 6, 09 @ 9:30 am:
==They really did believe they had weathered the storm right up until they clapped the irons on him? Wow, were “they” misguided.==
When it came to “party unity”, they “hugged it out”, they “co-chaired his campaign”, they did it all for principle or power?
Like most Chicagoans and Illinoisans, I can accept a certain level of corruption(it’s going to happen) provided there is effective government, but my insurance is always going to be either a shift in the party majority or a party that takes out its own trash.
In the few chances the present majority party has had chances to “take out the trash” they re-enlisted for another mission of doom, they hugged eachother for show, and they fumbled every possession to remove this disgrace from office.