Capitol Fax.com - Your Illinois News Radar » *** UPDATED x2 - Fitz won’t cooperate - More delays *** LIVE VIDEO: House Special Investigating Committee
SUBSCRIBE to Capitol Fax      Advertise Here      About     Exclusive Subscriber Content     Updated Posts    Contact Rich Miller
CapitolFax.com
To subscribe to Capitol Fax, click here.
*** UPDATED x2 - Fitz won’t cooperate - More delays *** LIVE VIDEO: House Special Investigating Committee

Thursday, Apr 26, 2012 - Posted by Rich Miller

* The House committee charged with looking into the allegations against indicted Rep. Derrick Smith (D-Chicago) is meeting today at 10:30. Here’s the live video feed

[The hearing is over, so the embed has been removed]

* Related…

* Committee may take action against Rep. Derrick Smith

* Illinois House panel to consider case against Rep. Derrick Smith this week

*** UPDATE 1 *** US Attorney Patrick Fitzgerald wrote a letter to the committee telling them that he would not release any information about Smith beyond what has already been released. Fitzgerald also said that basically any investigatory action beyond subpoenaing Smith’s testimony would be considered interference with the federal investigation.

The committee has voted 6-0 to send a letter to Smith asking him to testify. If he refuses to appear, then the committee might consider issuing a subpoena.

“It’s my feeling that the committee can’t wait forever,” said committee chair Rep. Elaine Nekritz. But it looks like there will be more delays as they wait for events to unfold, including Smith’s Monday arraignment. The committee is recessed to the call of the chair.

Smith was not at today’s hearing and neither was his attorney. Smith did, however, show up at the House vs. Senate softball game last night.

*** UPDATE 2 *** Fitzgerald’s letter to the committee has now been posted on the GA’s website. From the letter

We appreciate the Committee’s recognition of the sensitivity of our ongoing criminal investigation, and its forebearance in not engaging in any active investigation that would interfere with the federal criminal process. We also appreciate the Committee’s constitutional obligation to conduct its inquiry of the allegations against Representative Smith in a timely manner.

However, it is our view that, at present, the requirements of the federal criminal process cannot be reconciled with a public disclosure of the government’s evidence to the Committee or with a separate, but necessarily parallel, investigation by the Committee. […]

(I)t is our strongly held believe that any disclosure of the government’s evidence or active inquiry conducted by the Committee into the allegations of the federal indictment will likely interfere with our pending case and ongoing investigation. […]

We do not, however, believe that an interview of Representative Smith by the Committee will create any issues with the pending indictment or continuing federal investigation.

       

25 Comments
  1. - Oswego Willy - Thursday, Apr 26, 12 @ 10:42 am:

    lol

    US Atty has no objection to Rep. Smith testifying!

    Hilarious.


  2. - PublicServant - Thursday, Apr 26, 12 @ 10:53 am:

    ===Smith did, however, show up at the House vs. Senate softball game last night. ===

    Where he promptly stole home.


  3. - wordslinger - Thursday, Apr 26, 12 @ 10:55 am:

    I’m sure Fitz wouldn’t mind Smith talking to the committee all day. And I bet he’d have a court reporter there.


  4. - TCB - Thursday, Apr 26, 12 @ 11:01 am:

    ===Where he promptly stole home. ===

    Well done, sir.


  5. - Amused One - Thursday, Apr 26, 12 @ 11:11 am:

    ===Where he promptly stole home. ===

    After swipping second.


  6. - Rich Miller - Thursday, Apr 26, 12 @ 11:17 am:

    ===Where he promptly stole home.===

    Nah. He bribed the ump and fixed the game.


  7. - Wensicia - Thursday, Apr 26, 12 @ 11:17 am:

    “…with our pending case and ongoing investigation.”

    That ought to unnerve anybody connected to Smith.


  8. - Pot calling kettle - Thursday, Apr 26, 12 @ 11:19 am:

    ==Smith did, however, show up at the House vs. Senate softball game last night.==

    The Republicans tried to put in a pinch hitter for him, but the Democrats wouldn’t let them.


  9. - Small Town Liberal - Thursday, Apr 26, 12 @ 11:22 am:

    Actually Rich, judging by his intelligence I’d say the the feds had the ump offer him a bribe to not crowd the plate, and he accepted it.


  10. - amalia - Thursday, Apr 26, 12 @ 11:32 am:

    the mere fact that there is a footnote, which makes the intent blatantly apparent, is hilarious!


  11. - Yellow Dog Democrat - Thursday, Apr 26, 12 @ 11:39 am:

    Not surprising.

    The trouble for the House is that even if the committee moves forward with an indictment, they have no evidence other than the federal indictment by which Smith can be tried.

    And, as a simple matter of due process, just as the feds don’t want to jeopardize their case by entering evidence into the House record, Smith cannot be reasonably expected to enter evidence into the House record without jeopardizing his federal defense and ultimately, his freedom.

    It’ll be a sad day for democracy if we set the precedent of removing elected officials based solely on an unsubstantiated federal indictment.


  12. - Fed up - Thursday, Apr 26, 12 @ 11:58 am:

    Smith was at the softball game where he took his coaching from Jessie White and when he was caught stealing, White pretended he didn’t know him.


  13. - just asking - Thursday, Apr 26, 12 @ 12:02 pm:

    YD, when is the last time one of these indictments was flawed-they wouldn’t charge him if he wasn’t guilty-he can defend himself and count on the jury to correct any remotely unlikely error by the prosecutors. Wensic, no one else need worry, if they were guilty they would also be charged. Each scoundrel stands on his or her own.


  14. - Rich Miller - Thursday, Apr 26, 12 @ 12:08 pm:

    ===based solely on an unsubstantiated federal indictment. ===

    Yeah, OK. Nice to see how you avoid talking about what’s actually in the thing. From the transcript…

    ===Cooperating witness: “One. Two. Three. Four. Five. Damn, stuck together. Six. Seven. Talk to you later.”

    Smith: “You don’t want me to give you yours now? … I’m gonna get you your two, man!”===


  15. - just asking - Thursday, Apr 26, 12 @ 12:13 pm:

    Next are we going to hear he was entrapped? Gimmie a break.


  16. - Demoralized - Thursday, Apr 26, 12 @ 2:14 pm:

    YDD:

    Elected bodies decide what conduct is allowable by their members. It’s not a court of law. If an elected body, as a whole, determines that a member has acted inappropriately and that the member deserves punishment, even expulsion, then that is their right.


  17. - Levois - Thursday, Apr 26, 12 @ 2:48 pm:

    Did the us attorney release any information with regards to Blagojevich before he had been impeached and removed from office? If they didn’t then it seems reasonable as the GA still went ahead with their business close to 4 years ago


  18. - Oswego Willy - Thursday, Apr 26, 12 @ 3:01 pm:

    === ===Where he promptly stole home.===

    Nah. He bribed the ump and fixed the game. ===

    He wrote a letter to bribe the game, but it wasn’t THIS game, it was a faux basketball game.

    Cross wrote a press release saying Smith should be removed from ALL games for trying to fix a HOCKEY game.


  19. - Yellow Dog Democrat - Thursday, Apr 26, 12 @ 3:15 pm:

    @Levois-

    If memory serves, the Blagojevich impeachment included either wiretap transcripts or the witetaps themselves.

    I cant find conviction rates for public corruption specifically, but the conviction rate for white collar crimes generally is around 58% according to one source.

    That means alot of folks are indicted who were not “guilty” as far as the law is concerned.

    By no means am I arguing Smith is innocent, but I think he should be presumed innocent until actual facts are presented.

    And the way the fact are presented in the indictment, there clearly is not enough evidence to convict.

    I’d feel much, much better if the feds could explain why, as the indictment notes, they chose not to record the two key conversations of their case: when the alleged “bribe” was offered and when it was accepted. For that, the indictment relies solely upon the testimony of their paid informant.


  20. - reformer - Thursday, Apr 26, 12 @ 3:29 pm:

    IF Fitz had taken the same attitude toward the Blago impeachment, I wonder if there would’ve been one?


  21. - just asking - Thursday, Apr 26, 12 @ 3:35 pm:

    Hey YD, Don’t bet too much of the IRA on there not being a conviction here. There isn’t even a Clay Davis defense available here.


  22. - Rich Miller - Thursday, Apr 26, 12 @ 3:39 pm:

    ===I cant find conviction rates for public corruption specifically===

    I think I remember one public official in Illinois being acquitted of federal charges in 23 years.


  23. - Rich Miller - Thursday, Apr 26, 12 @ 3:40 pm:

    ===IF Fitz had taken the same attitude toward the Blago impeachment===

    He did at first.


  24. - Fries is Extra - Thursday, Apr 26, 12 @ 5:26 pm:

    As Vince Lombardi said: “What the hell’s going on out there”?


  25. - Pot calling kettle - Thursday, Apr 26, 12 @ 9:59 pm:

    ==they wouldn’t charge him if he wasn’t guilty==

    Yikes!!! Why have courts?


Sorry, comments for this post are now closed.


* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Live coverage
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............


Loading


Main Menu
Home
Illinois
YouTube
Pundit rankings
Obama
Subscriber Content
Durbin
Burris
Blagojevich Trial
Advertising
Updated Posts
Polls

Archives
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005

Syndication

RSS Feed 2.0
Comments RSS 2.0




Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller