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“Probable cause” on Jackson while Blagojevich’s mouth factors into sentencing

Monday, Dec 5, 2011 - Posted by Rich Miller

* Uh-Oh. From the House Ethics Committee report on Congressman Jesse Jackson, Jr...

“There is probable cause to believe that Representative Jackson either (1) directed a third-party, most likely Mr. Raghuveer Nayak, to offer to raise money for Governor Blagojevich in exchange for appointing Representative Jackson to the Senate seat, or (2) had knowledge that Nayak would likely make such an offer once Representative Jackson authorized him to advocate on his behalf with Governor Blagojevich.”

* And then there’s this

The report, originally compiled in August 2009, also said there is “substantial reason to believe” Jackson Jr. violated federal law by using his congressional staff to mount a “public campaign” to secure a Senate appointment

In response, Congressman Jackson threw his staff under the bus

Representative Jesse L. Jackson Jr. of Illinois has acknowledged to House ethics investigators that his Congressional staff may have inadvertently violated ethics rules in late 2008 by helping him wage a public campaign to be appointed to the Senate seat then being vacated by Barack Obama. […]

[Jackson’s lawyers] acknowledge that Mr. Jackson’s staff helped him run his campaign for the job. At first, Mr. Jackson’s lawyers argued that this work was done voluntarily by Mr. Edmonds and another House aide, Rick Bryant, on their own time, even if it might have taken place during work hours, so it was not a violation of the House rules.

House office equipment may have been used, the lawyers acknowledged, but it was so incidental that it may not formally violate House rules. Yet they acknowledge to the ethics committee that Mr. Jackson’s staff may have stepped over the line.

“To the extent that the committee concludes that any activities engaged in by Edmonds and Bryant in congressional offices went beyond the exceptions discussed in the House Ethics Manual, such violations were inadvertent and resulted from the novelty of the situation presented by the vacant Senate seat,” Mr. Jackson’s lawyers said in the letter, a 17-page statement that Mr. Jackson signed last month, swearing to its accuracy.

Better get those resumes out, guys.

* Meanwhile, Rod Blagojevich’s sentencing hearing begins tomorrow, and contrition is not expected

There has been no hint the defense intends to strike a conciliatory tone. In challenging prosecutors’ proposed sentence, Blagojevich attorney Carolyn Gurland said it is “disconnected to the facts of this case . . . in which the initiative and action at issue were all perfectly legal.”

An earlier filing also suggests Blagojevich may not accept any guilt. His attorneys asked to play unreleased FBI wiretap recordings at the sentencing that they claim show Blagojevich never had ill intent. Zagel rejected the request, which hearkened to Blagojevich’s mantra since his Dec. 9, 2008, arrest — that if authorities only played all the recordings, they would clear him of wrongdoing.

* But Ed Hammer believes that George Ryan’s crimes were far worse

If he receives the maximum punishment at his sentencing Tuesday, Rod Blagojevich will be put in jail for 20 years. That’s a much longer than the 6 1/2 year sentence former Gov. George Ryan is currently serving for corruption during the Kankakee native’s term as Illinois Secretary of State.

Ed Hammer, author of “One Hundred Percent Guilty,” a 367-page unapologetic takedown of Ryan’s term as governor, shared comparisons of the two convicted former governor’s while visiting Paperback Reader on Saturday. He spoke to The Daily Journal and about 50 residents who came to purchase autographed copies of his book.

Hammer said Blagojevich’s corruption was more damaging to the state “in terms of dollars and cents,” but he said that Ryan’s corruption was arguably worse, since the “license-for-bribes” scandal resulted in fatal accidents involving drivers who otherwise wouldn’t have had their licenses.

“You can’t point to an incident with Blagojevich where people were killed,” Hammer said. “My research shows that at least 12 deaths occurred in accidents with drivers who got their CDLs that were sold through bribery.”

Except that Ryan wasn’t convicted of that stuff. He might’ve been worse, but that’s not what is on the judge’s table.

* And WBEZ rounds up some other prison sentences

Dan Rostenkowski: Congressman from 1959 to 1995. Pleaded guilty in 1996 to two federal counts regarding actions during time in Congress. Sentenced to 17 months, imprisoned for 15 months, from 1996 to 1997.

Mel Reynolds: Congressman from 1993 to 1995. Found guilty in 1995 on state counts related to having sex with a minor. Sentenced to five years. Then found guilty in 1997 on 15 federal counts regarding actions during campaigns for Congress. Sentenced to six and a half years. President Clinton commuted his sentence in 2001.

Betty Loren Maltese: Cicero town president from 1993 to 2002. Found guilty in 2002 on six federal counts regarding actions during time as town president. Sentenced to eight years, imprisoned for seven years, from 2003 to 2010.

Jim Laski: Chicago city clerk from 1995 to 2006. Pleaded guilty in 2006 on one federal count regarding actions during time as alderman and city clerk. Sentenced to two years, imprisoned for less than a year, from 2007 to 2008.

Tom Keane: Alderman from 1945 to 1974. Found guilty in 1974 on 18 federal counts regarding actions during his time as alderman. Sentenced to five years, imprisoned for less than two years, from 1976 to 1978.

* Related…

* House Ethics Committee Report

* Jackson Staff Aided Pursuit of Appointment to Obama Senate Seat

* Jackson letter describes relationship with central figure in Blagojevich probe - Congressman’s view of events released by House panel, which says it will continue investigation

* Jesse Jackson Jr.’s staff wanted Bill Cosby to pitch Blagojevich for Obama’s seat

* Jackson Jr. opponent: Ethics probe ‘distraction

* Editorial: Long prison sentence 
is deserved

* Press Release: Mrs. Burris Breaks Silence On Blagojevich Senate Appointment Process

       

31 Comments
  1. - Louis G. Atsaves - Monday, Dec 5, 11 @ 7:04 am:

    Didn’t Jackson testify during the Blagojevich trial? Are the findings of the House Ethics panel in conflict with his testimony?


  2. - Publius - Monday, Dec 5, 11 @ 7:19 am:

    Give him the 15-20 and everything will be set. Its his fault that he still is delusional and thinks that he is innocent. What’s his next excuse? Bank of America planted the evidence against him since he angered them the day before he was arrested.


  3. - Sue - Monday, Dec 5, 11 @ 7:43 am:

    Question- if the Congressional ethics committee investigators with less investigative tools could come up with probable cause, why no indictment from Patrick Fitz?


  4. - the Patriot - Monday, Dec 5, 11 @ 8:02 am:

    Jackson’s demise is not good for Chicago power brokers. They are about to tie off the worst 10 years of corruption in IL history by tossing Blago down a hole. If Jackson is brought in to this, they can no longer maintain this was just one rogue governor. If Jackson goes down, think he will go quietly?


  5. - Gregor - Monday, Dec 5, 11 @ 8:05 am:

    Rob B. is lunching on his chain with the desire to testify against three-jay.

    My expectation is that Rod is going to try to even some scores at this point, try to hurt jackson, probably Rahm and Obama too.


  6. - Gregor - Monday, Dec 5, 11 @ 8:06 am:

    “Lunging”, I meant. Too early for me today….


  7. - Stooges - Monday, Dec 5, 11 @ 8:17 am:

    Unless someone gives Blago a brain transplant in the next few hours, I’ll bet his testimony will only make matters worse for him. He can’t pull off a sincere apology and this is his last chance to profess his innocence and greatness.


  8. - Anonymous - Monday, Dec 5, 11 @ 8:40 am:

    Wow. I’d almost forgotten Sen. Burris. And now his wife is doing a book tour so we’ll all remember?

    Under the circumstances, wouldn’t it have been better to leave things alone. Then we all could have forgotten that Burris was ever a Senator.


  9. - Stones - Monday, Dec 5, 11 @ 8:42 am:

    My guess is that Rod will finally have to show some contrition during the sentencing hearing. If he doesn’t then shame on him. If there was ever a time to own up to his mistakes then this is it.


  10. - Fight Fair - Monday, Dec 5, 11 @ 8:45 am:

    “If he receives the maximum punishment at his sentencing Tuesday, Rod Blagojevich will be put in jail for 20 years.”

    One sentence, three factual errors. Let’s all work from the same playbook:
    The maximum sentence Judge Zagel can impose is 305 years, based on the sum of the individual sentences — to be served consecutively rather than concurrently — for Blagojevich’s 18 criminal counts. That’s how Bernie Madoff got a sentence of 150 years for his financial crimes.
    In this case, the feds calculate Rod’s “Offense Level” at 42, making him eligible for 360 months (30 years) to life imprisonment. The defense, by factoring out $1.6 million in bribes Blagojevich sought to receive — defense says he did not seek bribes — calculates his eligibility at 4 years but will argue for less, maybe probation.
    The government then tweaks its guideline amount (30 to life) to reach a final suggestion that Zagel impose- 15 to 20 years.
    Because federal (unlike state) inmates must serve 85 percent of their sentences, Blagojevich would serve 17 years if Zagels gives him 20. This 85-percent rule is enforced.
    Arguments before Zagel begin Tuesday. The judge said Friday that he won’t pass sentence until Wednesday.


  11. - OneMan - Monday, Dec 5, 11 @ 8:49 am:

    The OCE report says they tried to get information from Rod but he declined to cooperate. Wonder if that will be true after sentencing.


  12. - Justice - Monday, Dec 5, 11 @ 8:50 am:

    I just feel like there is an ‘up day’ upon us.
    Contrition or not, I hope they throw the book at this Weasel. Sorry Weasels, didn’t mean to degrade you.

    Twenty years would be fine but thirty would be divine!


  13. - wordslinger - Monday, Dec 5, 11 @ 8:57 am:

    –“There is probable cause to believe that Representative Jackson either (1) directed a third-party, most likely Mr. Raghuveer Nayak, to offer to raise money for Governor Blagojevich in exchange for appointing Representative Jackson to the Senate seat, or (2) had knowledge that Nayak would likely make such an offer once Representative Jackson authorized him to advocate on his behalf with Governor Blagojevich.”–

    The House Ethics Committee is the most see-no-evil, hear-no-evil, speak-no-evil crew in the world. That’s why bipartisanship leadership put those members on the committee. They don’t want to cause trouble for another member if they can help it.

    But they just said there’s probable cause that a member tried to buy a Senate seat, quid pro quo.

    If the federales don’t get to Trips in a short while, you have to wonder why — as in, did he give them something better?


  14. - Responsa - Monday, Dec 5, 11 @ 8:58 am:

    Ah yes, the world has been waiting for Mrs. Burris’ take on “The Appointment”.


  15. - Boone Logan Square - Monday, Dec 5, 11 @ 9:08 am:

    A novelty defense? That’s…novel.


  16. - Aldyth - Monday, Dec 5, 11 @ 9:31 am:

    Narcissists are quite capable to rewriting history to suit themselves. I don’t doubt that Rod fully believes that everyone else around him is responsible for everything that went wrong. Poor Rod. Just an innocent bystander when the train wreck happened and nobody understands.


  17. - Grateful - Monday, Dec 5, 11 @ 9:36 am:

    Has anyone heard if Members
    of Rod’s ” Kitchen Crew” will attend ???

    Remember his connections and Vote them
    out in 2012

    Metro East Ties in
    Madison and St. Clair County’s


  18. - soccermom - Monday, Dec 5, 11 @ 10:42 am:

    When was Rod ever in a kitchen? He’s more of a dine and dash kind of guy.


  19. - reformer - Monday, Dec 5, 11 @ 10:49 am:

    Junior may have violated House ethics rules, but so what? Speaker Gingrich was censured for ethics violations and fined $300,000, yet he’s leading in the Republican polls at the moment.


  20. - Joe from Joliet - Monday, Dec 5, 11 @ 10:56 am:

    === the facts of this case…initiative and action…all perfectly legal===

    Please, Rod, say that to the judge. Puhleeeeze.


  21. - Shore - Monday, Dec 5, 11 @ 11:07 am:

    to those of you actually from jackson’s district/ involved with that race, how bad does it have to get for him for this stuff to actually cost him his job? Is this a David Vitter situation where he’s just untouchable or has he hit an iceberg and is now sinking/drowning with no chance of survival?


  22. - wordslinger - Monday, Dec 5, 11 @ 11:19 am:

    –If Jackson is brought in to this, they can no longer maintain this was just one rogue governor.–

    Who maintains that and who in the world would believe them? There’s quite a long history of a culture of political corruption in this state, going back to the 19th Century. It’s the original Wild West.


  23. - Sam I am - Monday, Dec 5, 11 @ 11:55 am:

    I am wondering when Blago will actually be incarcerated. If he has already appealed the first conviction, then he doesn’t necessarily get remain free pending the subsequent convictions. Though it sounds like the judge is not passing sentence on Tuesday with the perp in court so maybe he will be out a while longer. It would be nice if he went in right away so we can stop hearing about him so much.


  24. - bored now - Monday, Dec 5, 11 @ 12:10 pm:

    shore, it probably doesn’t matter if halvorson can’t raise sufficient funds to communicate a viable message. she’s said that she intends to raise $500,000 — or about a third of what any serious candidate would have to raise. then again, i don’t see jesse raising much more than that (i’d love to be a fly on the wall of his call time office).

    there are lots of factors that come into play here, but none of them are relevant without the money to put them into play. jackson has lined up the mayors in his district (save for one or two) and apparently stays in close contact with them. one of the key signs that we are watching for is whether the mayors stick with him, or stick their necks out for him, especially in face of some of the anger we are hearing about jackson’s personal behavior. halvorson has a viable strategy of mobilizing women by noting jackson’s philandering as well as the serious visceral reaction that will and kankakee counties have towards him.

    BUT there isn’t a serious campaign on either’s part, atm. how many staffers have they hired? how many campaign offices have they opened? etc. the most contact that most voters have received so far is two credit-taking robocalls (one from each candidate): jesse telling us that he’s brought 900 million dollars to the district and debbie basically asking, where are the jobs?

    moreover, some of the traditional organizations that have mobilized voters have atrophied since i’ve lived here. congressional races aren’t low information races, anyway, so it’s hard to tell how any strategy that doesn’t have an aggressive voter contact and televised effort will do in a redistricting year. it’s not like where you live (where the democratic candidates have had joint appearances all over the place). no one’s really seen either candidate (for example, neither one showed up at the will county democratic dinner — not that will county democrats take eastern will county seriously, but).

    and, quite frankly, the media isn’t as interested in this race as people down here seemed to expect. whoever the winner is will probably be the one whose able to stumble across the finish line. pretty pathetic, as congressional races go…


  25. - DuPage Dave - Monday, Dec 5, 11 @ 12:22 pm:

    It would be great to hear from someone who knows how the system works, i.e. is there any coordination between the actions of the Ethics Committee and the U.S. Attorney? The release of the report on Friday with the “probably cause” conclusion coming right before Blagojevich’s sentencing is interesting but perhaps unrelated.

    It would seem that if Blagojevich committed a crime in attempting to sell a Senate seat, then the people who attempted to buy it would also have committed a crime.


  26. - Plutocrat03 - Monday, Dec 5, 11 @ 12:36 pm:

    How about an alternate sentence of 20 years of community service for Blago. He could have a name tag that reminds him that he used to be a Governor with aspirations of running for president.

    Perhaps a roving greeter for senior centers to reminding the folks there that he gave them free bus rides…….


  27. - Cal Skinner - Monday, Dec 5, 11 @ 12:46 pm:

    Please note that all of the political criminals but one were incarcerated in Federal prisons.

    When Illinois politicians start going to state prisons, that might have a deterrent effect.

    Federal prisoners can be put in state prison, by the way.

    The symmetry I seek for Blagojevich is

    elected by his peers
    judged by his peers
    punished with his peers


  28. - Gregor - Monday, Dec 5, 11 @ 12:51 pm:

    Do we get one more fun press conference from The Adam father and son legal team after this? That could be … amusing.

    I imagine Rod’s sentencing speech will go something like this:
    http://www.youtube.com/watch?v=ZlV3oQ3pLA0&feature=related


  29. - Cincinnatus - Monday, Dec 5, 11 @ 1:57 pm:

    Gregor,

    I’m thinking more like this:

    http://www.youtube.com/watch?v=6PYb_anBMus


  30. - Anonymour - Monday, Dec 5, 11 @ 2:03 pm:

    DPD-

    The House Ethics Committee suspended its probe at the request of the Justice Department/Fitzgerald. It was resumed after the Blagojevich retrial ended.

    See: http://www.chicagotribune.com/news/local/breaking/chi-jackson-expects-to-be-vindicated-in-ethics-probe-20111029,0,1461692.story


  31. - shore - Monday, Dec 5, 11 @ 3:06 pm:

    gregor I think the adam father and son are gone and so won’t be around for next 2 days.


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