*** UPDATE 1 - 12:53 pm *** From the jury instructions…

“A conspiracy may be committed even if its purpose is not accomplished,” the judge reads steadily

*** UPDATE 2 - 1:14 pm *** Download a copy of the blank jury verdict form by clicking here. [fixed link]

And here’s a note from the US Attorney’s office…

Also, please be advised that I or my office will issue a blast email when we receive notice that a verdict has been reached ONLY. We will NOT be issuing any alerts if the jury has a question or other notes.

*** UPDATE 3 - 3:55 pm *** Another day, another mistrial motion…

“Determinations of credibility and findings of fact are the province of the jury. Throughout the closing argument of Attorney Sam Adam, Jr., the government objected approximately three dozen times, with improper objections. The court, in an apparent endorsement of the government in front of the jury, erroneously ruled on the government’s improper objections, making findings of credibility and fact. This violated Rod Blagojevich rights to due process, a fair trial, effective assistance of counsel and the right to present a defense case, in contravention of the United States Constitution, Amendments 5 and 6.”

It continued: “The government objected to Attorney Adam around three dozen times. The objections were intended only to obstruct and disrupt the closing argument. The government’s objections were disingenuous and misleading.”

[ *** End Of Updates *** ]

* Eric Zorn quotes Judge James Zagel …

“The law I give you is the law you must follow, whether you like it or not.”

Zagel was speaking to Rod Blagojevich’s attorney Sam Adam, Jr., who had just been shot down again by a prosecution objection. The quote was used by Zorn to make this spot-on analysis…

The federal statutes on wire fraud, extortion, bribery, racketeering and making false statements to law enforcement that Blagojevich is accused of violating may strike some of the jurors as severe — fussy, sometimes victimless sanctions against bluster and big talk. This is certainly, clearly how SAJr (left, Tribune photo by Antonio Perez), feels about them.

Most of the charges against Blagojevich lack the “smoking gun” that so many people say they want to see in such cases — the envelope stuffed with unmarked bills peeking out of the inner breast pocket of a public official’s suit jacket as he signs off on a boondoggle to enrich his benefactor.

Blagojevich’s allegedly corrupt schemes tended to go nowhere, as notable for their fecklessness as for their arrogant perfidy. Adam dismissed them as “just yakking” in his closing argument.

But the cold wording of the law and the jury instructions simply won’t leave jurors much room to acquit, whether they “like it or not.”

The law is the law and the jury instructions will hem the panel in.

* John Kass rightly keys in on a crucial moment, the prosecution’s rebuttal of Sam Adam, Jr’s closing argument…

[Assistant U.S. Attorney Reid Schar eviscerated] Adam’s argument, ridiculing the defense notion that the feds and Blagojevich’s own inner circle conspired to take him down.

“There’s a conspiracy of liars,” Schar said sarcastically. “Everyone’s lying to frame defendant Blagojevich. It’s one of the great frame-ups of all time. What’s amazing about this massive conspiracy is that not only are these people lying, they somehow managed to get Blagojevich on all those tapes you heard, to frame himself.”

When Schar was talking, several jurors leaned forward.

* More from prosecutor Schar’s rebuttal…

Rod Blagojevich has “more training in criminal background than the average lawyer,” and yet the defense portrays him as a victim of circumstance who was unaware he was doing anything wrong, prosecutor Reid Schar argues.

“Somehow he is the accidentally corrupt governor? I mean, come on. Come on,” Schar says, his voice rising a little.

“He is the decision maker. He is the governor,” the prosecutor said. “He is the one who makes the ultimate decision.” […]

Earlier, Schar hit back at Sam Adam Jr.’s argument that Blagojevich’s alleged crimes are “all talk.”

“The crimes the defendants are charged with are crimes that involve a lot of talking,” Schar said. “When you go to rob a bank, you talk about it for a while.”

* More Schar…

[Schar] also broke down the charges related to the head of Children’s Memorial Hospital and its head, Patrick Magoon. As part of the charges, Blagojevich allegedly told others, including aide John Wyma, who was working as a lobbyist for the hospital, that he was going to approve a rate increase that would help pediatric doctors. […]

He also noted that when the fundraiser wasn’t immediately forthcoming and Magoon wasn’t calling Robert Blagojevich back, the governor spoke to a Deputy Gov. Bob Greenlee, who held up the measure.

He said any talk on the calls that Blagojevich wanted to hold up the effort for budgetary reasons also makes no sense. There are no other calls at that time about the budget and Blagojevich makes it clear to Wyma in a call caught by the feds.

“But you don’t need to guess what was in defendant Blagojevich’s mind,” Schar said. “He tells John Wyma, ‘I’m doing Children’s Memorial Hospital for $8 million, I want him for $50,000.’”

* Still more…

Schar told jurors not to believe Blagojevich when he says on one wiretap that pending horseracing legislation has nothing to do with his quest to secure a donation from a local track owner. Prosecutors have alleged that the governor’s effort to secure a campaign donation from the track owner was extortion.

“If it’s not one for the other, you don’t say that,” Schar said.

Schar also has urged jurors to ask themselves how state government should work. Campaign donations should never be a factor when deciding to sign or support legislation, he said.

“You don’t sit around debating whether you’ll get your money,” Schar said. “How backward can you get?”

* Mark Brown’s take is definitely worth noting…

One of the odd things about trials is that the person in a courtroom with whom jurors most tend to identify is the judge. For starters, the judge gives them their meal and bathroom breaks. He’s the boss in the courtroom.

So if a lawyer openly feuds with the judge, it’s going to be difficult to get an entire jury to believe the judge is unfairly biased against him.

But again, one or two just might, which in this case could make them more amenable to apply Adam’s suggested common sense understanding of extortion and bribery rather than the legal definition the judge will provide. If so, a hung jury is a possibility. I could also see the jury knocking out any charge not supported by wiretap evidence.

* Roundup…

* Judge James Zagel to jury: “You’ve heard all the evidence and the arguments”

* Attorneys offer competing portraits of Blagojevich

* Attorneys Make Their Closing Arguments in the Blagojevich Trial

* A Final Day of Back-and-Forth Arguments in Blagojevich Trial

* Final attorney skirmish sends Blagojevich case to jury

* Rebuttal concludes; case will go to jury Wednesday

* Deliberation Time Almost Here for Blagojevich Jury

* Is Blagojevich a ’silly’ victim or a scheming crook?

* Blagojevich girls coming to court sparks debate

* Stress possible for Blagojevich daughter after court

* Tribune: Be kind to your kids…

* Walter: Blagojevich Kids In Court Is Child Abuse

* Patti Blagojevich in Tears as Closing Arguments End

* Blagojevich brothers finally hug, say ‘I love you’

* Marin: Rod doesn’t look ready for crash landing

* Brown: Move over armchair jurors, it’s up to real ones

* Schmich: If I were a juror …

* Talking Politics: Blago and the Democrats

* Kass: Blago lawyer’s show doesn’t change reality

* Sun-Times: Blago judge makes right call on jurors

* Sam Adam Jr.: I Gave the Best Performance I Could

* Judge to Adam: Don’t worry about jail

* Rod Blagojevich to supporter: “That’s in case I run for office again”

* Sam Adam Jr. concludes closing argument with plea to jurors: Ask yourself, “What would Sam say?”

* Zagel: “This is all I have to say … because it’s all I have to say, it’s all you have to say.”

* Blago’s lawyer calls ex-governor foolish but not corrupt

* Sam Adam Jr. on Patti allegations: “Kickbacks for work is a job, man!”

* Adam: If Blago’s corrupt, why is he broke?

* Sam Adam Jr.: Rod Blagojevich is “broke, man, BROKE!”

* Sam Adam Jr. questions Chicago Academy charge: Football field got made, where is the fund-raiser?

* Sam Adam Jr. accuses Barack Obama’s transition team of negotiating with Rod Blagojevich

* Judge Zagel to Sam Adam Jr.: This is beginning to look more like a show

* Sam Adam Jr: “You know who didn’t get arrested? Jesse Jackson Jr.”

* Adam says Blagojevich is the real victim

* Sam Adam Jr. in closing: Former deputy governor made “the most ridiculous statement I’ve ever heard”

* Sam Adam Jr. in closing: “There’s a big pink elephant in the room”

* ‘The pink elephant in the room’

* Adam works up a sweat

* Blagojevich trial: Sam Adam Jr. quietly prepares for closing argument

* Judge to Sam Adam Jr: I will sit you down if you bring up missing witnesses — but here’s how you can get away with it

* Blagojevich trial: Crowd awaits the Zagel-Adam showdown

* Last word in the Blagojevich trial: Prosecutor to give government rebuttal

* Prosecution begins rebuttal argument

* Prosecutor Reid Schar: Rod Blagojevich “is not stupid. He is very smart.”

* Prosecutor Reid Schar: Rod Blagojevich “is the accidentally corrupt governor? I mean, come on.”

* Prosecution urges jurors to use ‘common sense’

* Prosecutor Reid Schar: There is no conspiracy here — “the time for accountability for these crimes is now”

* Prosecution: Blago is a liar, blames others for his actions