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Feds want to force Quinlan to testify against Blagojevich

Thursday, Apr 8, 2010 - Posted by Rich Miller

* The US Attorney’s office filed a motion yesterday to force Rod Blagojevich’s former general counsel to testify at the upcoming trial. You can read the motion by clicking here. Bill Quinlan has refused to fully cooperate so far, citing concerns over attorney-client privilege

Prosecutors said the discussions are relevant to the charges against Blagojevich and want the judge to decide if they are fair game for the trial. In a court filing Wednesday, the government cited a 2002 decision in which the 7th Circuit U.S. Court of Appeals found that the attorney-client privilege does not apply in conversations between a public official and a taxpayer-provided attorney, as Quinlan was at the time.

Prosecutors contend Blagojevich may already have waived the attorney-client privilege when he allowed the government’s trial team access to the undercover tapes last fall. Before that, a “filter team” in the U.S. attorney’s office had kept the recordings at arm’s length from the prosecution team that will put the former governor on trial beginning June 3.

A lawyer for Blagojevich, Sheldon Sorosky, maintained Wednesday that the former governor did not fully waive the privilege and said the defense will argue in court Friday that talks between Quinlan and Blagojevich should remain private.

Quinlan says he wants to cooperate, but can’t

Quinlan’s attorney Jon King said the former counsel general is ready to cooperate with the government, but not until he gets a specific waiver of attorney-client privilege.

“Blagojevich’s counsel has told me repeatedly that there’s an applicable attorney-client issue here,” King said. He said Quinlan has no intention of hiding anything from the government but merely wants to make sure that he is in accord with fundamental legal ethics.

Quinlan was caught on federal wiretaps, including during a key conference call about the alleged selling of Barack Obama’s US Senate seat. A look back

On Nov. 10, Blagojevich, his wife, Harris, the governor’s chief counsel William R. Quinlan and several Washington-based advisers conducted an extraordinary two-hour conference call.

Blagojevich conceded he probably wouldn’t get the HHS job or an ambassadorship because of so much negative publicity surrounding him.

Using several expletives, Blagojevich said he was reluctant to give Obama “his senator” without anything in return; he said he’d appoint a deputy governor before giving the job to Candidate 1. He also considered appointing himself to the job to avoid impeachment.

During the next 36 hours, the governor grew angry and suggested Obama’s camp was not interested in making a deal.

“They’re not willing to give me anything except appreciation. (Expletive) them,” Blagojevich told Harris in an intercepted call Nov. 11.

For years, Quinlan helped Blagojevich build a brick wall around his administration. They denied FOIA after FOIA under the slimmest of pretenses. Eventually, some of those denials were overturned, including a raft of requests for copies of federal subpoenas. There ain’t much sympathy for Quinlan around here.

* In somewhat related news, Congressman Jesse Jackson, Jr. said earlier this week he was “concerned” about what he wasn’t hearing from Gov. Pat Quinn and Democratic nominee for Cook County Board President Toni Preckwinkle…

“I don’t see them speaking to the needs of taxpayers and fairness for taxpayers at all.”

The congressman made his criticisms during his endorsement of Forrest Claypool’s independent bid for assessor. Yesterday, he walked the comments back

In a statement emailed from his government office, the congressman writes that he recognizes his “comments may have come across as being critical of the platform and message” of the Quinn and Preckwinkle campaigns. “Simply put,” Jackson writes. “I misspoke.”

The statement says both Democrats “have laid out visions and platforms that will restore the tax-payer’s trust in government, will root out corruption, and get our county and state governments working once again.” Jackson adds that he’s “stood alongside” Quinn and Preckwinkle his “entire career.”

Forget about the walk-back for a moment. Take notice, instead, that Jackson is once again using his federal government e-mail service to send out a campaign statement. You’d think he’d have learned a lesson by now, but nope.

       

14 Comments
  1. - 47th Ward - Thursday, Apr 8, 10 @ 11:40 am:

    Quinlan will testify once he’s assured he’ll come out of the trial with his law license intact. Although I’m not sure the attorney-client issue is his only problem with ARDC, but that’s for another day.

    I think the Rob Blagojevich defense is at least as interesting as the Quinlan story. Apparently Rob does NOT want the tapes played, despite Rod’s insistence that he wants ALL of the tapes played.

    My first thought for Rob is this: cop a plea and testify against your moronic brother (he’d do the same to you in a New York minute). My second thought is: beg for a separate trial.


  2. - watchdog - Thursday, Apr 8, 10 @ 11:41 am:

    It doesn’t sound like Quinlan needs anyone’s sympathy. It sounds like he is just trying to make sure he honors his ethical obligations as a lawyer. Although, it is interesting Rich that you would make that reference when you column today basically asks for everyone’s sympathy for you! Relax, best wishes to your dad and I hope you get better.


  3. - Knome Sane - Thursday, Apr 8, 10 @ 11:55 am:

    ==Although, it is interesting Rich that you would make that reference when you column today basically asks for everyone’s sympathy for you!==

    Watchdog, what are you saying? I read Rich’s column today and he didn’t ask for squat! How can you compare Rich’s Dad’s stroke, a sinus infection and root canal to Bill Quinlan stalling on cooperating. Riddle me this, was Quinlan the Governor’s personal lawyer or was he the state’s (read, taxpayers’ lawyer)? I say since he received a taxpayer funded paycheck, he worked for the people and “privilege” for the former Governor doesn’t apply here. In fact, as a taxpayer, I waive “privilege”. Start talking, Bill.


  4. - watchdog - Thursday, Apr 8, 10 @ 12:07 pm:

    KS. According to the article, Blagoff is claiming that he was both.


  5. - CapFaxFan - Thursday, Apr 8, 10 @ 12:24 pm:

    Seems to me that Quinlan deserves alot of sympathy. Being Blago’s lawyer has to be one of the toughest jobs out there. i certainly wouldn’t want it.
    And now he’s damned if he does and damned if he doesn’t. Cooperate and he risks his legal ethical obligation. Don’t cooperate and he get’s called out by the KS’s of the world for stonewalling. I don’t think he can or should say word one until a judge tells him to.


  6. - Rich Miller - Thursday, Apr 8, 10 @ 12:27 pm:

    Nobody drafted him. He did his job with gusto.


  7. - SUE - Thursday, Apr 8, 10 @ 12:28 pm:

    Since when does the attorney client privilege applicable to a government lawyer working for the state run to the elected official?


  8. - Cosmic Charlie - Thursday, Apr 8, 10 @ 12:43 pm:

    Why would Jesse learn a lesson? The rules don’t apply to him. Never have, never will.


  9. - Will County Woman - Thursday, Apr 8, 10 @ 1:10 pm:

    “The statement says both Democrats “have laid out visions and platforms that will restore the tax-payer’s trust in government, will root out corruption, and get our county and state governments working once again.”

    in quinn’s case, nothing could be further from the truth. if were going to do any of that, he needed to have done it last year.

    in Preckwinkle’s case, it’s likely that she may (try to) do some good. but overall her efforts will have a negligible effect because of how cook county is really controlled and run.


  10. - Hank - Thursday, Apr 8, 10 @ 1:32 pm:

    I agree Charlie, there wasn’t any penalty last time so why not continue until made to stop at which time you can use the old “I didn’t know”


  11. - wordslinger63@gmail.com - Thursday, Apr 8, 10 @ 3:55 pm:

    Trips should put that “I misspoke” statement on ice. It might come in handy when they start playing tapes during the Blago trial.

    He seems awfully carefree these days. Some sort of accommodation with the federales?


  12. - Capitol View - Thursday, Apr 8, 10 @ 6:45 pm:

    I agree with “Sue” - a government counsel is different from a personal attorney. And I remember when almost all of Blago’s attorneys resigned, because they did not want to get into his personal defense mode. Those who stuck around and those who came on board later all were assured that they would have nothing to do with funny contracting or issues of personal criminal defense.

    Typical of Blago not to give the standard release to allow this past state employee from speaking his mind…


  13. - Park - Thursday, Apr 8, 10 @ 7:40 pm:

    the law’s developed on this issue, and seems pretty clear. Quinlan’s client was the people and their interests. Blago wanted to play dirty, he could have hired his own attorney with his own dough.

    I think Quinlan’s just looking for a judge to order him to testify…that will shield him from ethics issues.


  14. - AnonAtty - Saturday, Apr 10, 10 @ 4:43 pm:

    Really? He does not want to testify because to testify is to admit he counseled a Governor to commit illegal acts–or at best stood by and said nothing. That should get him into greater trouble than violating the attorney client privilege.


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