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Retrial or bust

Wednesday, Aug 18, 2010 - Posted by Rich Miller

* There is so much wrong with this commentary that I don’t quite know where to begin

We don’t need to spend $25 million on a face-saving do-over for Patrick Fitzgerald. The next trial will probably last twice as long as this one, as Fitzgerald calls in witnesses he neglected to cross-examine the first time around — partly because he didn’t realize Blagojevich wouldn’t put up a defense, leaving him with half a case.

We can also do without a retrial because it will give Rod Blagojevich another six months to repeat his wearying claims of innocence. Maybe he wants that, but the rest of Illinois doesn’t.

It wasn’t a total defeat for the government: they got Blagojevich on one count. It wasn’t a total defeat for Blagojevich: he can say he was never convicted of selling the Senate seat. Maybe Fitzgerald wants a rematch for vindication, and Blagojevich wants one so he can get more attention. But Illinois doesn’t want a rematch. We just want to put the Blagojevich years behind us.

$25 million just for the retrial? What credible person is saying that outside of Sam Adam, Jr.? Also, I got news for you, Blagojevich clearly showed yesterday that he’s not gonna keep his big yap shut. A trial, at least, will force him to stay off the airwaves for a while, giving us a respite, no matter how brief.

And who says Illinois doesn’t want a retrial? Our infamous commenter Bill most surely doesn’t, but he’s not exactly representative of the state at large. Sheesh, what a goofy mess.

I’ll stand with the Sun-Times editorial board on this one

Fitzgerald’s view was — and remains — that Blagojevich shouldn’t get a pass just because he was as lousy a schemer as he was a governor.

And that seems exactly right to us. […]

A couple of hours after the jury’s verdict was read, Blagojevich’s lead attorney, Sam Adams Jr., ripped into the prosecutors for declaring they would retry the case. Adams asked, “Is this worth it?”

To which we say again: You bet. Elvis has not left the building.

Blagojevich and his brother, Robert, were exonerated of nothing, and Illinois remains too crooked a state for the feds to start looking the other way now.

Admittedly, Blagojevich has already been a gift to reform in Illinois. In the wake of his arrest, the state Legislature was shamed into passing a host of bills designed to promote a cleaner and more transparent government and politics. Illinois now has tighter state procurement laws, stronger freedom of information laws, pension board reforms and stricter limits on campaign contributions.

But only by prosecuting public corruption to the fullest extent of the law, retrials and all, can Illinois one day hope to arrive in that happy land of honest government.

And the Tribune

We very much anticipate that second trial. The government’s accusations of racketeering and conspiracy are too serious to go unresolved. We trust that another jury will tell the people of Illinois whether the state’s only impeached and ousted governor is guilty or innocent of more than one felony.

Blagojevich offered his opinion on that question after jurors offered their verdict: “This is a persecution!”

No, Governor, this is a prosecution. And we’re thankful that U.S. Attorney Patrick Fitzgerald and his team were swift in assuring citizens that they would take their case to a second group of jurors.

Judge Zagel, never one to dally, could move as early as next Thursday, Aug. 26, to set a date for jury selection to begin. Good for him. The sooner all of us know whether Rod Blagojevich’s criminal record stops with one federal felony, the sooner all of us can concur that justice has been served.

And pretty much every other sane person outside Blagojevich’s inner circle.

* And speaking of goofy arguments, more than a few people have criticized Patrick Fitzgerald for not waiting until Blagojevich sold the US Senate seat before moving in. This is a fairly decent counter-argument

His backers said that if Fitzgerald had waited to arrest the governor until Blagojevich carried through with an alleged plan to appoint U.S. Rep. Jesse Jackson Jr., D-Ill., to Obama’s vacant U.S. Senate seat in exchange for a sizable donation, it would have created a constitutional crisis.

“What should he have done?” former federal prosecutor Jeffrey Cramer said. “Wait for him to sell the seat? It would have been a disaster. The arrest was not only proper, it was necessary.”

My own opinion is that Fitz was worried that Blagojevich was busily concocting an alibi. The Tribune reported the week before his arrest that the feds had the governor on wiretaps. Blagojevich knew the net was about to drop, so he started undoing things. If they had waited, he most likely would’ve appointed anybody but JJJ.

* Back to the verdict. Mark Brown makes some interesting points today

I will say this, though, and it might surprise you. I would almost rather have seen the Blagojevich jury fail to reach a verdict on any counts than to convict him only of the chicken-bleep lying to a federal agent charge.

We certainly should have an expectation that our elected officials would tell the truth to the FBI, and there are times when their failure to do so deserves punishment, as when George Ryan tried to throw the agents off his scent by lying about how he paid a state contractor for use of his Jamaican vacation home.

That was hardly the case with Blagojevich. Here is the false statement on which he was convicted: “Rod Blagojevich does not track, or want to know, who contributes to him or how much they are contributing to him.”

As many witnesses testified and wiretaps confirmed, Blagojevich obviously did track his campaign contributions. In fact, he monitored them quite closely.

But here’s the problem: There’s nothing particularly wrong with a politician keeping track of their campaign donations. It’s certainly not illegal. In fact, he was in his rights to sit there at his desk in the governor’s office and make fund-raising calls on his cell phone.

Were federal agents thrown off the track, or was their investigation impeded in any way when Blagojevich was stupid enough to tell them such a lie?

No way. They probably just said to themselves: “Gotcha!”

And remember the false statements were made in March 2005, more than three years before the wiretaps.

Fitz should’ve busted him before the 2006 election and saved us a lot of trouble.

* Related…

* Retrial could hurt Democrats’ fall campaigns

* Roeper: 1 out of 24 enough to ruin ex-gov’s victory-lap dream

* Sneed: Blagojevich trial is not over yet

* Sweet: Rod Blagojevich Convicted for Coverup, Not the Crime

* Erickson: Did Blagojevich’s media onslaught make a difference?

* Kadner: No sympathy here for Toxic Blago

* Southtown Star: LIAR

* Pantagraph: Blagojevich verdict doesn’t yield winners

* SJ-R: Would a retrial be worth it? Yes

* Register Star: There are no winners in Blagojevich trial

* Journal Star: Still no end for sorry Blagojevich saga

  73 Comments      


Some Blagojevich trial mysteries solved, but one remains

Wednesday, Aug 18, 2010 - Posted by Rich Miller

* I would really like to know who this lone holdout juror is

A juror in the corruption trial of Rod Blagojevich says the panel was deadlocked 11-1 in favor of convicting the former Illinois governor of trying to sell or trade President Barack Obama’s former Senate seat.

Juror Erik Sarnello of Itasca, Ill., said the panel was deadlocked 11-1 in favor of convicting Blagojevich of trying to auction off the Senate seat. He said one woman on the panel “just didn’t see what we all saw.” The 21-year-old Sarnello said the counts involving the Senate seat were “the most obvious.”

More

[Juror Stephen Wlodek] and the other two jurors disagreed on the exact number of counts in which the jury eventually voted 11-1 to convict, they did agree on this: On at least some of the most serious counts, the overwhelming sentiment was Blagojevich was not just a politician blowing off steam in conversations recorded by the FBI in which he said the power to name a senator was “(expletive) golden” and that he wasn’t going to give it up “for (expletive) nothing.” […]

But [juror Erik Sarnello] and Wlodek told the AP that after three weeks, it was clear one juror, a woman they wouldn’t name, would not be swayed.

“She just didn’t see it like we all did,” Sarnello said. “At a certain point there was no changing. … You can’t make somebody see something they don’t see.”

More

While some votes were split 7-5, 6-6 or 9-3, the most explosive of the charges — that Blagojevich tried to sell Barack Obama’s U.S. Senate seat — came down to a single holdout vote, jurors said.

That one holdout — a woman whom her colleagues declined to single out — felt she had not gotten the “clear-cut evidence” she needed to convict, Sarnello said.

“Say it was a murder trial — she wanted the video,” Sarnello said. “She wanted to hear [Blagojevich] say, ‘I’ll give you this for that.’ . . . For some people, it was clear. Some people heard that. But for some, it wasn’t clear.'’

She sounds an awful lot like the lone holdout in George Ryan’s trial. That woman was removed by the judge after it was reported that she hadn’t told the truth about her criminal record during the selection process. No such luck this time around.

* Another mystery about this case was why the jurors requested a copy of their oath

Sarnello addressed the question of why the jury Tuesday asked for a copy of the oath they took at the start of deliberations. Some jurors felt one of the jurors was not deliberating in good faith. “Some people felt that they were deliberating not under what the law told us to do,” he said.

“What they were looking at wasn’t what we were supposed to be looking at based on what the judge gave us as a set of rules,” Sarnello said.

It’s probably safe to assume that the lone holdout was the target of that action. Yep. She sounds more and more like Ryan’s friendly juror with every revelation.

* Meanwhile, remember that jury note from last week which claimed they had agreed on two counts and were deadlocked on the rest? It turns out, the transcript of Bradley Tusk’s testimony, which the jury requested this week, convinced some jurors to switch their guilty votes to not guilty

The entire jury had been prepared to convict Blagojevich on the bribery charge that dealt with the ex-governor trying to shake down then-U.S. Rep. Rahm Emmanuel, Wlodek said.

But reviewing testimony from former deputy governor Bradley Tusk on Monday made all the difference for certain jurors, he said.

“Reading the testimony swayed two to three jurors to go from guilty to not guilty,” Wlodek said. “I think it just came down to the testimony of the witness. For them, it wasn’t there - they felt it didn’t prove their case.”

* So, besides the lone holdout and the Tusk-inspired flip-flop, what was the problem here? The prosecution’s road map was a jumbled mess

Sarnello, a sophomore at College of DuPage studying criminal justice, said the main problem with the prosecution’s case was that it was all over the place.

“It confused people,” he said. “They didn’t follow a timeline. They jumped around.” […]

Wlodek described the jury’s deliberations as methodical, with the foreman assigning each juror a specific job. Wlodek’s job, for example, was to review the hours of recorded conversations that the government used as a primary piece of evidence against Blagojevich.

And Carol Marin was spot on today

Fitzgerald, who is anything but a politician, used his own awesome power in this case with too heavy a hand. And so Blagojevich wasn’t hit with a federal indictment but a veritable Mack truck of complicated and redundant charges.

The feds are accustomed to winning. They wear it, too often, as a righteous entitlement. There is value in this loss.

Yes, there is.

  59 Comments      


*** UPDATED x1 *** Rate the reacts

Wednesday, Aug 18, 2010 - Posted by Rich Miller

* Alexi Giannoulias’ reaction to the Blagojevich verdict arrived late yesterday, so many of you may not have seen it…

“Today, the jury found Rod Blagojevich guilty for lying, and on November 2nd, the voters of Illinois will reject Mark Kirk for lying. The people of Illinois deserve leaders they can trust.”

That was, by far, the most pointedly political reaction of the day. Mark Kirk’s react was more muted and generic, for instance…

“This is a sad day for Illinois. Rod Blagojevich disgraced our state and deserved the full weight of justice. For the sake of our economic future, the citizens of Illinois need to turn the page from Rod Blagojevich and the team he brought to power by electing thoughtful independent leaders who will restore integrity to our state.”

Since few people saw Giannoulias’ statement, I doubt it will make much of an impact beyond these electronic pages, but I’m curious what you think of it.

*** UPDATE *** OK, I apparently hadn’t seen all the reacts. Get a load of this one from the chairman of the Illinois Republican Party, the same guy who said he probably wouldn’t “make political hay” out of the verdict…

“I fully support U.S. Attorney Fitzgerald’s decision to seek a retrial of Rod Blagojevich. Let’s be clear, Rod Blagojevich isn’t concerned about the use of taxpayer money; he is concerned about the use of Rod Blagojevich’s money to mount another high-priced defense.

“Well, Rod should be worried. With Broadway Bank closed, I’m not really sure where he’s going to find a bank willing to loan millions to a convicted felon.”

* Related…

* Quinn: Conviction marks ’sad day’ for Illinois

* Illinoisans react to Blagojevich verdict

* Chicagoans react to Blagojevich verdict

* [Jacksonville] reaction to Blagojevich verdict mixed

* Blagojevich verdict irks East St. Louis man

* After Blagojevich Verdict, Illinois Politicians Promise to Clean Up Corruption

* State of Embarrassment — Illinois

* Metro-east politicians, residents react: ‘Just want to get Rod Blagojevich behind us’

* [Decatur] residents, candidates disappointed by incomplete Blagojevich verdict

* Blago Verdict Prompts Political Mudfight

* Blago Conviction Pleases Some State Democrats

  67 Comments      


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Wednesday, Aug 18, 2010 - Posted by Rich Miller

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