A raw deal for Rod
Wednesday, May 12, 2010 - Posted by Rich Miller
* As much as I hate to do it, I have to agree with Carol Marin’s premise today. Rod Blagojevich is getting a raw deal on his motion to delay his trial…
Prosecutors argued and Zagel agreed that Blagojevich’s defense attorneys should not be allowed to mention the “honest services” charges against their client in their opening remarks to the jury.
Why not?
Well, just in case the U.S. Supreme Court decides it’s unconstitutional.
Huh? […]
Charge Blago but don’t tell the jury what all the charges are? Just in case?
Also on trial with our former governor is his brother, Robert Blagojevich. His attorney, Michael Ettinger, reasonably asks why there can’t be a small delay until the Supreme Court rules.
“What’s 30 days?” Ettinger says. “What’s the difference.”
If the government doesn’t want the delay, the cost of going forward should be to drop the honest services fraud charges. And go with the rest of its newly redrafted case.
Congress has eroded federal defendants’ rights to almost nothing over the years. This move is just plain unfair, even if I believe Blagojevich’s punishment should be tar and feathers and then 50 years in a super-max.
* Speaking of Blagojevich, a new audit of his AllKids program shows significant problems with administration…
As of June 30, 2009, there were 71,665 children enrolled, 75 percent of which - 54,073 - were classified as undocumented immigrants, auditors found, though they cautioned mistakes in state All Kids data suggest the number is inflated. Of the nearly $79.1 million in claims paid under the program, nearly $55 million were for undocumented immigrants. The program took in just $8.9 million in premiums.
The numbers counter past claims by the state’s main health care agency. In 2008, a spokeswoman for the Illinois Department of Healthcare and Family Services declined repeatedly to provide the Daily Herald with information regarding undocumented enrollees. Asked why, she said the issue was a “political football” and, “At the end of the day it’s a minuscule number of participants that’s undocumented.”
The new head of the Illinois Department of Healthcare and Family Services agreed problems exist and would be fixed. […]
At times the audit encapsulated some of the broader, big picture criticism of state government and its lack of spending accountability. For instance, auditors requested 100 case files and in reviewing 98 of them could find no routine process used to verify All Kids enrollees lived in Illinois. Auditors said the other two case files were unavailable because the health care departments couldn’t find one and the other was “inaccessible due to mold.”
The full report is here.
* Related…
* Appeals court rejects delay of Blagojevich trial
* Blagojevich request for trial delay doubly rebuffed
* More Oversight on All Kids Could Save State Money: Illinois could save money by increasing oversight in a statewide children’s health insurance program.
- Amalia - Wednesday, May 12, 10 @ 10:55 am:
the ruling that they cannot mention honest services seems fair since the case is now no longer about that…it is covered by
another indictment in anticipation of honest services getting tossed out by the Supremes.
the delay decision does seem a bit off.
- Knome Sane - Wednesday, May 12, 10 @ 11:02 am:
Normally I would agree that the defendant should be afforded a “reasonable” chance to mount a defense when there are extenuating circumstances, like an impending US Supreme Court decision. However, I think Blagojevich has grinded on the last nerve of everyone involved that the government just wants to get this over with. And I agree, let’s get this over with!
- I 57 - Wednesday, May 12, 10 @ 11:04 am:
Hmm a Quinn/blago state program that is wasteing money and filled with fraud. I’m shocked shocked I tell you.
- Ghost - Wednesday, May 12, 10 @ 11:05 am:
ever try to actually use all kids? This is the coverage which is provided o all the foster children in IL. In short the doctors you want donot take it, if you can find providers, things like glasses take at least 12 weeks! to obtain etc.
The program needs tighter restirctions on members, but it needs real world reimbursements so doctors will treat the kids. Right now the reimbursement rate for doctors is so low, the doctor is getting paid less then cost, so they have to subsidze the care.
This program needs redone from the gorund up for many reasons.
- wordslinger - Wednesday, May 12, 10 @ 11:06 am:
Didn’t Big Jim introduce the concept of honest services with Kerner?It made him.
The federales have a 90 percent plus conviction rate for a reason. That’s what makes Blago’s brazenness so perplexing.
- HW - Wednesday, May 12, 10 @ 11:10 am:
Is it possible that the Feds are clingy on the Honest Services item because they have a weak case against Blago?
- I 57 - Wednesday, May 12, 10 @ 11:14 am:
I don’t know ghost 79.1 million in claims paid some dr’s seem to be able to fit these kids in. What was the funding source when Blago/Quinn created this boondogle.
- Chicago Cynic - Wednesday, May 12, 10 @ 11:21 am:
Never one to defend Rod, but I also have to agree with you and Carol. The federal need to prosecute does not outweigh Rod’s need for fairness. This just gives him something to grab hold of (like the “they wouldn’t let me put on a defense” in the GA lie) and in this case, he may be right. I prefer decisions driven by the law and not by the desire to lock up a nutjob.
- Yellow Dog Democrat - Wednesday, May 12, 10 @ 11:26 am:
=== Blagojevich’s punishment should be tar and feathers ===
So many BP jokes, so little time.
- This Little Piggie - Wednesday, May 12, 10 @ 11:34 am:
Ghost - That’s not how it was billed when AllKids was created.
Are you sure that is what is happening?
- D.P. Gumby - Wednesday, May 12, 10 @ 11:48 am:
This is typical of the Feds. They want honest services because it’s easier than proving a real crime…just look at Ryan’s conviction. And yes, Big Jim did use honest services, but it was just a theory then and not part of the actual law and was struck down by SC then adopted into statute, which is what is pending before the Supremes now.
- cassandra - Wednesday, May 12, 10 @ 11:48 am:
I was in favor of the All Kids expansion, especially since at the time the prospect of universal health coverage anytime soon was remote.
I am surprised that well over half of the expansion monies are going to undocumented immigrants. Apparently, there wasn’t a mass switchover from private plans as some had feared. And a fair number of recipient residents may have been ineligible or eligible for other programs.
Even though there are daily wails from Democrats
about the budget crisis and the need for more middle class tax monies, they don’t seem to be paying too much attention to conserving what we’ve given ‘em. It’s only money, after all.
Party on.
- Promoters - Wednesday, May 12, 10 @ 11:56 am:
As long as GMMB got their money. I guarantee you that was one of the major concerns, especially when a presidential bid was a part of the delusion. I wonder what attorney shoehorned that one through the “bidding” process? Gotta love’em.
- Loop Lady - Wednesday, May 12, 10 @ 11:57 am:
Rich, I really do not give a crap…he got a raw deal on this ruling? Too damned bad! He gave the people of IL a raw deal for six years and we’re just beginning to pay a heavy price for his “leadership”.
- Way South of the Border - Wednesday, May 12, 10 @ 12:02 pm:
Loop Lady, thankfully, our judicial system does not operate based on the standards and behaviors of the people charged.
- sal-says - Wednesday, May 12, 10 @ 12:09 pm:
“A raw deal for Rod”
Seems fair; IL sure got a ‘raw deal’ from him. For years.
- Loop Lady - Wednesday, May 12, 10 @ 12:09 pm:
I hear Sam Adams will take this all the way to the SCOTUS…he is reviled by Chicago prosecutors for his lack of legal expertise, bluster instead of substance, and high opinion of himself…get on with the appeal Sam! This PR stunt of a trial cannot be over soon enough for me…
- Sick - Wednesday, May 12, 10 @ 12:12 pm:
From Article—A family of four making less than $29,328 annually can qualify for no-cost care. Premiums and co-pays begin and increase with family income, but a family of four with annual income as high as $176,413 can qualify for coverage. As of June 30, 2009, there were 71,665 children enrolled, 75 percent of which - 54,073 - were classified as undocumented immigrants, auditors found,—
This is why the state is broke and it is programs like this that Blago/Quinn created and expanded that has sucked up every dime from education, leaving little for schools and local governments.
While I am not against helping people have healthcare; the program can’t tell if patients are from other states and free healthcare for family’s making $176,000 dollars can we afford that, I guess not?
- Fan of the Game - Wednesday, May 12, 10 @ 12:17 pm:
===He gave the people of IL a raw deal for six years and we’re just beginning to pay a heavy price for his “leadership”.===
The people of Illinois gave themselves a bad deal because they elected him–even after they knew the kind of “leader” he was. Regardless, each citizen should have equal protection under the law, no matter how scurrilous their actions were.
- MrJM - Wednesday, May 12, 10 @ 12:45 pm:
Rich: “Congress has eroded federal defendants’ rights to almost nothing over the years. This move is just plain unfair, even if I believe Blagojevich’s punishment should be tar and feathers and then 50 years in a super-max.”
Bravo.
– MrJM
- Gregor - Wednesday, May 12, 10 @ 12:45 pm:
Anybody total up the possible maximum and minimum sentences Rod faces? What’s he looking at, realistically, with and without a conviction on Honest Services.?
So I’m not a lawyer, can someone explain why they can’t go ahead and make the case for honest services in Rod’s trial, then toss that part of the conviction if the SCOTUS rules against? Rod is bound to do some amount of time for any two of the counts against him.
- Bill - Wednesday, May 12, 10 @ 12:57 pm:
Rod is gonna walk!
- IrishPirate - Wednesday, May 12, 10 @ 1:05 pm:
- Bill - Wednesday, May 12, 10 @ 12:57 pm:
Rod is gonna walk!
Yep, he’s gonna walk to the car, get outta the car, and walk into the Metropolitan Correctional Center. From there he will not do much walking as he awaits his sentence.
Then he shall be doing his walking at a Federal Prison somewhere. A prison with a lack of hair care products hopefully.
- IrishPirate - Wednesday, May 12, 10 @ 1:07 pm:
One more thang.
Rich Miller is correct on the federal defendants lack of rights. It’s sickening and a twist on the constitution. More like a twist of the knife into the constitution.
- dupage dan - Wednesday, May 12, 10 @ 1:20 pm:
Maybe Bill is right. What we can take away from this is the fact that RB is no longer in office and is barred from seeking office in many elected positions. He won’t be the dandy of the “reality” TV show industry and it would be hoped that even WGN radio would see fit to cancel his show now that the gapers would no longer stop in to listen to the fool. He would then end up having to try to get a real job which, I hope, would be difficult as long as daddy Mell is opposed to it. RB could be forced to leave the state and seek employment elsewhere making Illinois a duller place. I could live with that.
On the other hand, all that could still happen after RB spends a decade in prison. Let’s hope Bill is wrong.
Will Illinois voters learn from this episode? I fear they haven’t.
- Ghost - Wednesday, May 12, 10 @ 1:35 pm:
You know Rod is in trouble when even Bill sees him doing the perp walk following his conviction.
- Wumpus - Wednesday, May 12, 10 @ 1:36 pm:
Wow, 75% illegal residents make up those Allkid numbers? Wow! At least this shut Blago up for the moment.
- Why Not? - Wednesday, May 12, 10 @ 1:55 pm:
I believe the feds refiled the charges against Rod so they could continue if the Supreme Court overturns the “Honest Services” law.
- Elliott Ness - Wednesday, May 12, 10 @ 2:44 pm:
Gregor the honest services charge would have to be proven before the jury. Since this is a “catch all” accusation arguing it could prejudice the jury, and would cetainly lead to inclusion in Rod’s appeal from a guilty verdict.
To avoid this, the US Attorney’s office now wants to exclude any mention of it, even though it was the basis for their indictment.
The indictment of Blago, by the way, was an amendment to the indictment of Bill Cellini. Cellini is no longer part of the trial, but the US Attorney’s office wanted Judge Zagel to hear the case, so that screwed Rod too!
- really? - Wednesday, May 12, 10 @ 2:54 pm:
what did the Inspector General(John Allen) of Healthcare and Family Services do with his reviews of All Kids programs? Are there any reports on this one his website? He has oversight for this programs…..oh…I forgot he was doing covert surveillance in bars on an employee.
- VanillaMan - Wednesday, May 12, 10 @ 3:05 pm:
Maladministration, thy name is Blagojevich.
- CircularFiringSquad - Wednesday, May 12, 10 @ 3:08 pm:
O.K. All the SunTImes columnists stand in one corner and sing “Poor Rod, Poor Rod” That should another 10K off the circulation overnite.
Meanwhile it is reported his WLS pimps were mouthing the same nonsense.
Now that should make the Timers feel real special.
And just in case you forgot…
Profile of the Sociopath
This website summarizes some of the common features of descriptions of the behavior of sociopaths.
Glibness and Superficial Charm
Manipulative and Conning
They never recognize the rights of others and see their self-serving behaviors as permissible. They appear to be charming, yet are covertly hostile and domineering, seeing their victim as merely an instrument to be used. They may dominate and humiliate their victims.
Grandiose Sense of Self
Feels entitled to certain things as “their right.”
Pathological Lying
Has no problem lying coolly and easily and it is almost impossible for them to be truthful on a consistent basis. Can create, and get caught up in, a complex belief about their own powers and abilities. Extremely convincing and even able to pass lie detector tests.
Lack of Remorse, Shame or Guilt
A deep seated rage, which is split off and repressed, is at their core. Does not see others around them as people, but only as targets and opportunities. Instead of friends, they have victims and accomplices who end up as victims. The end always justifies the means and they let nothing stand in their way.
Shallow Emotions
When they show what seems to be warmth, joy, love and compassion it is more feigned than experienced and serves an ulterior motive. Outraged by insignificant matters, yet remaining unmoved and cold by what would upset a normal person. Since they are not genuine, neither are their promises.
Incapacity for Love
Need for Stimulation
Living on the edge. Verbal outbursts and physical punishments are normal. Promiscuity and gambling are common.
Callousness/Lack of Empathy
Unable to empathize with the pain of their victims, having only contempt for others’ feelings of distress and readily taking advantage of them.
Poor Behavioral Controls/Impulsive Nature
Rage and abuse, alternating with small expressions of love and approval produce an addictive cycle for abuser and abused, as well as creating hopelessness in the victim. Believe they are all-powerful, all-knowing, entitled to every wish, no sense of personal boundaries, no concern for their impact on others.
Early Behavior Problems/Juvenile Delinquency
Usually has a history of behavioral and academic difficulties, yet “gets by” by conning others. Problems in making and keeping friends; aberrant behaviors such as cruelty to people or animals, stealing, etc.
Irresponsibility/Unreliability
Not concerned about wrecking others’ lives and dreams. Oblivious or indifferent to the devastation they cause. Does not accept blame themselves, but blames others, even for acts they obviously committed.
Promiscuous Sexual Behavior/Infidelity
Promiscuity, child sexual abuse, rape and sexual acting out of all sorts.
Lack of Realistic Life Plan/Parasitic Lifestyle
Tends to move around a lot or makes all encompassing promises for the future, poor work ethic but exploits others effectively.
Criminal or Entrepreneurial Versatility
Changes their image as needed to avoid prosecution. Changes life story readily.
——————————————————————————–
- Anonymous - Wednesday, May 12, 10 @ 3:24 pm:
Malprosecution thy name is Fitzie.
- anon - Wednesday, May 12, 10 @ 3:34 pm:
Pres. Cullerton said at a City Clun luncheon earlier this year that if you add up the cost of health care expansion under blago, it totals around 300 million. This is barely a drop in the multi billion deficit ocean. So, for those who like to say that blago spent us into the poor house, you may want to either check your facts, or admit that you are pushing falsehoods to promote the Brady candidacy. Either way, blago isn’t solely to blame for the state of the state. Also, illinois was a leader in promoting access to health care. Whether administered properly or not, it vaulted the issue to the national level and had a lot to do with the president’s ability to get it done. Blago was ahead of the curve on many policies.
He should be treated fairly.
- Jake from Elwood - Wednesday, May 12, 10 @ 3:50 pm:
The United States District Court for the Northern District of Illinois does not like to delay cases. Period. This is not “picking on” Blagojevich, this is fairly standard practice in the District Court. Criminal cases in Cook County tend to languish for years in comparison.
- Knome Sane - Wednesday, May 12, 10 @ 4:16 pm:
Anon: 3:34:
First, just because you say John Cullerton said it doesn’t make it so. Blago did more to spend Illinois into the poor house with shenanigans like free bus rides for seniors, etc. While I agree that Blago didn’t accomplish this all on his own, his self-promotion and self aggrandizement started that train a-movin. Now, instead of calling all those who think your client a buffoon, you should get back to preparing your opening statement….it’s going to be needed soon.
- Responsa - Wednesday, May 12, 10 @ 6:12 pm:
The Allkids report is not at all helpful to those candidates in Il who were planning to campaign on the wonderfulness of Obamacare and their role in passing it. Many voters are going to nod their heads knowingly about the Allkids fraud and extrapolate that to their shadow concerns about the costs of Obamacare and the seeming inability of government bureaucracy to manage even much smaller healthcare programs properly. As others have mentioned here, the Allkids mess is also unhelpful to those trying to keep social services from being cut–when Allkids is fresh in voters’ minds. With this type of news story and others such as Todd Stroger’s ongoing fiduciary and hiring goofiness, a lot of people just do not buy that their taxes are being spent in a responsible manner. That’s going to be a big problem for incumbents in November.
- steve schnorf - Wednesday, May 12, 10 @ 6:23 pm:
No, this is not why the state is broke, and anyone who thinks so is silly. It represents a policy decision Rod Blagojevich made, to open state paid (or at least owed) health care to larger numbers of people not below the poverty line. One of the ways this was accomplished was by being less than absolutely pristine in establishing eligibility for services. I think PQ may be pretty well prevented by the federal stimulus act from making eligibility or proof thereof any more stringent. However, it would be plain folly for the administration not to do what it within the federal guidelines can to clean up this mess. But, no, $70M isn’t why the state is broke. We could fix that with a bake sale if we had to.
- Park - Wednesday, May 12, 10 @ 7:13 pm:
75% illegals on the free meds dole. Hmm….did that southern congressman have it right??? did Obama really lie??
- 4 percent - Wednesday, May 12, 10 @ 7:48 pm:
Again this shows how important the Baise and Gidwitz lawsuit was in stopping the clearly illegal expansion of health care by Blagojevich. Good for them and good for the taxpayers.
- Conspiracy Theorist - Wednesday, May 12, 10 @ 8:05 pm:
HMMM! Could it be that Bill is actually RM? HaHa!
- What's next - Wednesday, May 12, 10 @ 8:19 pm:
Posting - CircularFiringSquad - Wednesday, May 12, 10 @ 3:08 pm:
Were you describing Patti or Rod or both?
- Sheridan Road - Wednesday, May 12, 10 @ 8:29 pm:
Blagojevich and the defense lawyers Adams clearly are grasping at straws.
Rod can tell the truth starting on June 3rd.
I’ll bet Blagojevich will be throwing his defense lawyers under bus shortly.
- 47th Ward - Wednesday, May 12, 10 @ 8:32 pm:
===…did that southern congressman have it right?”===
No. The Distinguished Gentleman from South Carolina is still wrong Park. Wilson was referring to the federal health care bill that was signed into law in March. The plan in question here that was expanded by Blagojevich (someone really should check Obama’s vote on that in the GA), predates the subject of Wilson’s outburst by several years. In fact, Obama’s new healthcare bill will probably save Illinois money once it’s implemented because it prevents this very thing.
As to the Blagojevich case, I’m sorry Rich but I’m not feeling it. I really didn’t know how tough federal criminal trials are until you wrote about it, and I agree it’s disturbing how easy it is for the feds to railroad almost anyone. On the other hand, most federal criminal defendents are not sympathetic characters: terrorists, mobsters and corrupt politicians.
Rich, you’re are probably correct that the deck is heavily stacked in the prosecution’s favor, and thanks for explaining the issue, but I sort of hope Zagel skips the trial and goes straight to sentencing with Blagojevich, Cellini, Harris, Monk, Rezko, et al.
- Original Rambler - Wednesday, May 12, 10 @ 8:47 pm:
I agree it’s disturbing how easy it is for the feds to railroad almost anyone.
Yet you’re not disturbed…THAT’S disturbing! Let’s hope you never come home to a couple of guys in suits at your door. No matter how irritated you may be by RRB, it’s always best to picture some anonymous soul in his shoes when determining if OUR government is acting fairly in Rod’s case.
- anon - Wednesday, May 12, 10 @ 9:41 pm:
Skip the trial and go straight to sentencing? What drivel. Your personal feelings aside, everybody is entitled to a fair trial. Schnorf, your bake sale comment cracked me up. Thanks for weighing in with your expertise on these complex fiscal issues.
- Park - Wednesday, May 12, 10 @ 9:56 pm:
Thanks for your input 47. Understand your point, but isn’t it a ‘distinction without a difference”? Just an observation based on the new data. whatever.
re: Blago: lifetime appointed district judge and 7th circuit panel find that due process is served. I don’t understand why it’s so important to point out supreme court issue, but if these judges don’t think it prejudices citizen Blag’s rights, its unlikely the SCt will intervene. Not to worry. His jury will be fair. They’ll get it and give him all the process he’s entitled to. Still…sad to be him, the man who would be king.