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A look ahead at the Blagojevich trial

Tuesday, Jun 1, 2010 - Posted by Rich Miller

* Nothing quite typifies the ridiculous snake oil sales pitch of Rod Blagojevich as this

“When I’m governor again…” said former Gov. Rod Blagojevich during his final talk-radio show before his federal corruption trial starts Thursday.

Blagojevich surely knows he can never be governor again. After removing him from office, the Senate voted to bar him from holding “any public office of this State” ever again. He can’t ever run for governor or any state or local office. He can’t even be appointed. He’s just blowing smoke and being Rod - the total huckster.

He also announced during his Sunday radio program that he would run for office some day. Under the Constitution, he can only run for a federal office in Illinois, and I highly doubt that he could ever win either a congressional seat or the US Senate. He’s done. Washed up. Wiped out. Gone.

* Quote of the day

Rod Blagojevich lawyer Sam Adam Jr. has long said the best weapon his defense team has is the government’s view of it.

“We’re a joke,” he said. “They think I’m a clown.”

Adam has had great success with Cook County cases, but that infamous schtick of his doesn’t work all that well in a federal courtroom with a no-nonsense judge. The rules are a lot different, which is why defendants in these cases almost never get off. Adam’s father and the rest of the team are more experienced in those matters, so Blagojevich will get a mostly competent defense, but the clown show will almost certainly be reined in.

* On the other side of the room sits the no-nonsense prosecution team

They’re not yellers, they’re not flashy and they’re loathe to speak in front of cameras (they refused interviews for this piece).

Hailing from Harvard, Stanford and Northwestern, you might call them the Brainy Bunch; they are the buttoned-down opposites of the defense team.

“Here there was an opportunity for them to get side-tracked with all the TV cameras and [Blagojevich] TV interviews and they didn’t do it,” said Jeffrey Cramer, a former federal prosecutor who now heads Kroll investigations in Chicago. “They haven’t been distracted by the circus.”

They’re also the same trio who put notorious Blagojevich fund-raiser Antoin “Tony” Rezko” behind bars two years ago.

“They came of age in the Rezko trial,” said Patrick Collins, an attorney at Perkins Coie and former federal prosecutor familiar with the team’s work. “That was a high-profile trial, there was a lot at stake.”

The team is likely to use a “no-nonsense, just-the-facts-ma’am” approach, Collins said — a stark contrast to the “shock and awe” of the fiery defense team.

A possible prosecutorial avenue

Some observers with knowledge of the government’s case expect it to be presented in mostly chronological fashion, with Monk an early witness. Few have been closer with Blagojevich than Monk, who roomed with the future governor at law school and later served as a groomsman at his wedding. A one-time sports agent, Monk managed Blagojevich’s campaigns as well as the governor’s office for much of the first term.

Government documents indicate that Monk will testify that he, Rezko and another top fundraiser, Christopher Kelly, plotted with Blagojevich to cash in on the governor’s office even before Blagojevich was elected in 2002. They allegedly schemed to extort campaign contributions or kickbacks from people hoping to do business with the state and planned to divvy up money with Blagojevich once he left office. […]

Monk’s testimony may also serve as a bridge to discussion of alleged illegal activity that occurred near the end of Blagojevich’s six years in office. In fall 2008, Blagojevich allegedly was taped discussing extortion schemes with advisers, Monk included. Some of the talk allegedly revolved around how Blagojevich could leverage his power to pick a Senate replacement for Obama to either secure a Cabinet post in the new administration or a lucrative job in the private sector for the governor or his wife, Patti.

“You’re going to see all these little independent storylines that the prosecutors will try to weave into one larger one,” Cramer said. “The tricky part is going to be putting all the pieces together, so the jury starts to see a pattern.”

* Has the Blagojevich PR strategy of showing up everywhere and acting the clown worked? This analysis seems plausible

[Former federal prosecutor Laurie Levenson] said Blagojevich’s greatest success may have been in showing the world that he’s prone to scattershot thinking.

“It’s just Blagojevich-like, nobody takes me seriously,” Levenson said. “I’m just an odd duck, and I always say over-the-top things. I don’t mean them. I’m a rogue personality, and the statements I’ve made have to be viewed in that context.”

Indeed, several prosecution witnesses who are former Blagojevich aides are expected to testify they often ignored his directives because they knew they would change the next day.

But this won’t be allowed into the trial

On trial, Blago will ask, ‘What has changed in Springfield since I was impeached?’ A very valid question with very painful answers,” said Serafin. “The irony is a real-life federal jury becomes Quinn’s most important focus group.”

As mentioned above, federal trial rules are strict and tough and the judge has already warned against stuff like that.

       

22 Comments
  1. - wordslinger - Tuesday, Jun 1, 10 @ 9:48 am:

    If the judge’s instructions are tight, the scatterbrain defense shouldn’t work. If he did it, he’s guilty. Prisons are filled with stupid people.

    The feds have enormous resources and once they latch on, you’re in deep stink. They bat over 900.


  2. - Conservative Republican - Tuesday, Jun 1, 10 @ 9:53 am:

    ==doesn’t work all that well in a federal courtroom with a no-nonsense judge. The rules are a lot different, which is why defendants in these cases almost never get off. ==

    RM’s statement here suggests that the Federal Rules of Criminal Procedure and the Federal Rules of Evidence are more biased against criminal defendants than those that apply in Illinois state criminal proceedings. I don’t think that can be said.

    The difference between criminal prosecutions at the federal level and those at the state level have more to do with the quality and scope of the preindictment investigation and evidence gathering stage. The Feds have tons more resources than the local police and the State’s Attorney.

    Moreover, the Feds have more latitude in selecting cases to prosecute. They pick the winners to prosecute, and the winners are backed by solid evidence, like the documentation, wire taps, and turned witnesses in the Blago case. The State’s Attorney has less latitude to decline the prosecution of cases.

    I don’t know what kinds of cases Adams has had in the state courts to rack up his success ratio, but I imagine it is populated by a lot of drug and violent crime cases, which cases turn on police and other witness credibility and may lack the kind of evidence (e.g. wire taps) generated in Federal cases. In these kinds of cases, Adams’ style probably results in a good number of successes. In the Blago case, the quality and type of evidence will be much different, and the government’s witnesses will be much more difficult to tear down than that of a, say, Chicago street cop or a turned drug dealer. The Federal rules will not significantly prevent Adams from employing courtroom razzle dazzle allowed in state court. He may just have less opportunity to resort to it in this case.


  3. - cynically anonymous - Tuesday, Jun 1, 10 @ 9:58 am:

    Perhaps he is intending to relocate - does the ban here cross state lines?


  4. - CircularFiringSquad - Tuesday, Jun 1, 10 @ 9:59 am:

    Let’s toss this reminders of the Trib’s First Row role here…
    “….Another subject allegedly captured on tape involved a proposal to help the Tribune, which then owned the Chicago Cubs, obtain state financing for renovations at Wrigley Field. As a price, Blagojevich allegedly demanded the firing of editorial writers whom Blagojevich blamed for critical editorials about him…..”

    Notice there is sip, zero, nada mention of the Trib editors running to the U.S.Atty to report the wrongdoing…Just more meetings….Maybe they were hoping the the Childrens’ Hospital checkout line.
    Kidwell? Kidwell?


  5. - Leroy - Tuesday, Jun 1, 10 @ 10:01 am:

    It would be interesting to watch a Blago vs. Brady campaign unfold.


  6. - VanillaMan - Tuesday, Jun 1, 10 @ 10:03 am:

    So, the defense seems to be attempting to present the Impeached One as an incompetent lunatic. I don’t see how that will impress jurors, or anyone else.

    The longer the Defense tears down Blagojevich, the worse everyone who ever supported him appears. Not only is this line of defense completely dishonest, it is unfair to those who who worked for him. There is a line here. Rod Blagojevich was a manipulative dishonest con man who associates and party insiders knew wasn’t qualified to hold any public office. Then there are people who work for governors and support them as executive decisions are processed through the Office. And people who support Democratic public officials with their financial support, their phone banks, their campaigning and their personal endorsements to friends and families.

    These people will be made fools of by Blagojevich’s defense team’s gamesmanship. How amoral are these people? There is no shred of dignity in this man.


  7. - bcross - Tuesday, Jun 1, 10 @ 10:12 am:

    ==the defense seems to be attempting to present the Impeached One as an incompetent lunatic==

    And what does that say about the electorate?


  8. - Secret Square - Tuesday, Jun 1, 10 @ 10:14 am:

    “does the ban here cross state lines?”

    I wouldn’t think so, but given his national infamy I have a hard time believing RRB could get elected dogcatcher, let alone governor, in any of the other 49 states either. You never know however.

    This might make an interesting “snark heavily encouraged” QOTD: what state should RRB move to if he wants to hold public office again?


  9. - Ghost of John Brown - Tuesday, Jun 1, 10 @ 10:21 am:

    Never underestimate this huckster. I won’t be surprised if he ends up governor again - someplace. Minnesota elected a WWE superstar, California elected a movie action hero. New York elected a former first lady who claimed that she was always a Yankees fan, even though she grew up a few miles from Wrigley Field. Sadly (very sadly) many times the electorate is more interested in looks and good sounding messages rather than ability.


  10. - Ghost of John Brown - Tuesday, Jun 1, 10 @ 10:24 am:

    Adding……(hit “Say It” too quickly)

    Even though the vast majority of CFB readers (including me) think that Blago is completely quilty, I wouldn’t give more than a 50% chance that Blago will be convicted. He talked his way into the Governor’s Mansion and he has an attorney that has an even better gift of gab. I don’t underestimate the stupidity of juries either.


  11. - Siriusly - Tuesday, Jun 1, 10 @ 10:31 am:

    To quote Spock:
    CFB’s coverage of all things LoonieBlago has been and forever shall be my friend.

    Sure the Tribune can do some good trial coverage, but nowhere in any other coverage will anyone say what the rest of us are thinking, and with authority. We’ll be glued to our screens during the trial Rich - thanks in advance.


  12. - Stooges - Tuesday, Jun 1, 10 @ 10:44 am:

    Man I wish they televised this trial. I would love to see the moron as he sits there and watches his buddy Monk testify. What a stunning collapse of all of their worlds, it was only 2002 when they thought they had the state in total control and could become rich at our expense.

    I’d like to see everyone’s predictions as to the odds on Rod-O being convicted. I say 95% chance of a guilty verdict.


  13. - HatShopGirl - Tuesday, Jun 1, 10 @ 11:11 am:

    Criminals ARE “incompetent lunatics” as Vanilla Man noted. That’s not an act Blago is putting on. Blago really is that megamanical, the clown-prince who would-be-King. He’s like Cervantes’ knight in Man of La Mancha - tilting at windmills, ready to save the people of Illinois, from the evil government. His defense team, the Adams-Sirosky-etc hope to paint Blago as a hopeless, romantic do-gooder that was just too-good for Illinois politics.

    I think this trial is going to be too painful to watch. Blago is like one of those hugely blown-up Macy’s parade balloons that are tethered. If Blago is convicted and sentenced, he will become an untethered huge balloon and Blago-the-balloon-boy will ominously loom over the City before he either imploding or exploding. It’s not going to be a pretty sight.


  14. - N'ville - Tuesday, Jun 1, 10 @ 11:24 am:

    “It would be interesting to watch a Blago vs. Brady campaign unfold.”

    I think we’ll see that in a matter of days…


  15. - lincolnlover - Tuesday, Jun 1, 10 @ 11:32 am:

    Oh, it will be pretty. Every time he opens his mouth, I laugh most heartily. And when he is sentenced, I will pull out my lay-off letter, received in August of 1988, and laugh even harder. Lets see, laid off for 4 months and still employed? Or, laid off permanently and in prison? Who has the final laugh here? Hahahahahaha! Can’t wait for the circus to begin!!


  16. - jaded voter - Tuesday, Jun 1, 10 @ 12:01 pm:

    Remember people this will be a jury trial. Muse on the caliber of those who will sit on this jury.

    Rod has tainted the jury pool for 2 years or more. Gov’t prosecutors will not be able to get 12 jurors to convict no matter how overwhelming or damning the evidence.

    At least 2 jurors [nimRODS] will not agree to convict “the people’s champion”.

    Everyone around Rod will go down, but not the pompadour clown himself. Rod will walk.


  17. - Loop Lady - Tuesday, Jun 1, 10 @ 12:19 pm:

    This should take people’s mind off the sorry state of the IL budget, or enable them to see a major reason why we’re in the hole we’re in…either way…BRING IT ON! Go Feds!!


  18. - Amalia - Tuesday, Jun 1, 10 @ 12:49 pm:

    there’s a phrase about prosecution. “you can indict a ham
    sandwich.” well, when it comes to federal prosecutions, they
    can convict a ham sandwich. not necessarily because of the so called “brainy” lawyer , but the tools, and, you are correct Mr. Miller, the more strict rules of federal court. the Feds, they have been doing the wiretap thing forever. and their caseload? teeny. they can, and they should, overprepare and make the best of a good situation. I’d pay money to see any one of the AUSAs up in State Court with that prosecution call. “Brainy” might stumble cause the workload and the lack of tools would amaze them. How quick can they, or even Mr. Fitzgerald,
    act in the face of your average street thug murder ?


  19. - Knome Sane - Tuesday, Jun 1, 10 @ 12:49 pm:

    I say, despite all the bluster to the contrary, Rod take a plea deal.


  20. - Gregor - Tuesday, Jun 1, 10 @ 12:58 pm:

    Rod and Sam as Quixote and Panza

    To dream, the impossible dream
    To fight the unbeatable Mike
    to skip an unbearable work day
    to run, for a job I can’t do…

    To do, stuff that’s patently wrong,
    to love, getting rides in black cars,
    to dump, the decisions on Lon,
    To raise, the unraisable cash…

    This is my quest:
    to gather the cash,
    and after I quit this,
    recover the stash,
    to do as I please,
    without question or pause,
    to be willing to flout any state and/or federal laws…
    and I know, if I only blame Mike, Judy George and the rest,
    that the voters, will return me again, …cause I bought all the press.

    And the state
    will be better for this
    that one guy, who behaved so bizarre…
    still strove, to get one more Tv show
    to watch, while he’s stuck behind bars!!!!


  21. - Ghost - Tuesday, Jun 1, 10 @ 1:33 pm:

    === but that infamous schtick of his doesn’t work all that well in a federal courtroom with a no-nonsense judge. ===

    if you hve a strong judge clamp down on those antics, it tends to hurt the defense as well. It not just a we tried and failed, get shut down hard enough by the judge and you can lose the jury early on.

    If Monk tesitfies as expected at the start of the case, the defense team will be fighting an uphill battle agaisnt strong and clear evidence of wrong doing. Not a good position to be in, and alot stronger for the prosectuion then they had with Rezko. sets a strong tone right out of the gate


  22. - the Other Anonymous - Tuesday, Jun 1, 10 @ 1:36 pm:

    Rich notes:
    Adam has had great success with Cook County cases, but that infamous schtick of his doesn’t work all that well in a federal courtroom with a no-nonsense judge. The rules are a lot different, which is why defendants in these cases almost never get off.

    In addition to no-nonsense judges and more prosecutorial resources, keep in mind that the jury pool for federal court is different than in state court. The Eastern Division of the Northern District of Illinois draws its jury pool from Cook and the collar counties.


Sorry, comments for this post are now closed.


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