That’s all he’s got?
Wednesday, Jul 14, 2010 - Posted by Rich Miller
* For almost two years now, Rod Blagojevich has said he is completely innocent of all charges, that he never did anything wrong, that he was “stolen” from the people by a too-aggressive prosecutor, that the surveillance tapes would prove everything.
And now that he has a chance to defend himself, what’s his excuse? “I got bad advice and I didn’t intend to do anything wrong”…
The trial of embattled former Illinois Gov. Rod Blagojevich shifts to the defense team this week. Federal prosecutors wrapped their case Tuesday after six weeks of putting on evidence in the racketeering and extortion case against Mr. Blagojevich, attempting to portray him as a crass negotiator who inappropriately secured millions for his own campaign and spent lavishly on his wardrobe.
The defense strategy will not downplay Blagojevich’s actions, but focus on his intent.
His legal team, headed by Sam Adams Sr. and Sam Adams Jr., a well-known father-and-son duo in the city’s county court system, hope to convince jurors that the former governor knew what he was doing but was misguided, due to the poor legal advice from his inner circle.
So, a guy who gets elected to governor twice on the issue of George Ryan’s corruption, who is a lawyer and a former prosecutor is now saying he just did stupid things because of bad legal advice? I’m with Zorn. This situation does remind me of a certain Seinfeld episode…
Mr. Lippman: It’s come to my attention that you and the cleaning woman have engaged in sexual intercourse on the desk in your office. Is that correct?
George Costanza: Who said that?
Mr. Lippman: She did.
George Costanza: [pause] Was that wrong? Should I not have done that? I tell you, I gotta plead ignorance on this thing, because if anyone had said anything to me at all when I first started here that that sort of thing is frowned upon… you know, cause I’ve worked in a lot of offices, and I tell you, people do that all the time.”
From Zorn’s excellent post…
Contrary to popular wisdom, “sometimes ignorance of the law is an excuse,” said Northwestern University law professor Albert Alschuler. He mentioned tax- and mail-fraud cases in which the “good faith” defense has prevailed. But to invoke “an ‘advice of counsel’ defense” that blames bum attorneys for one’s misdeeds, Alschuler said, a defendant has to show, among other things, “a request for advice of counsel regarding the legality of the proposed action.”
Alschuler added that “if any lawyer ever did” explicitly give the thumbs-up to some of the Blagojeviches’ alleged schemes and shakedowns, “it wouldn’t have been reasonable to rely on his advice.”
Especially since his predecessor was and is in prison for using the power of the governor’s office for personal gain.
This defense strategy relies far more on skillful argument to the jury at the end of the case than it does on the introduction of more evidence and testimony. Each new witness, particularly those with the last name Blagojevich, will come to the stand dragging a keg — not just a can — of worms ready to be opened.
* And Mark Brown puts it in perspective…
But when he takes the witness stand, a promise that Adam renewed Tuesday, the former governor will contend he thought he was acting within the law when he did those things.
In other words, he thought it was OK to direct others to try to wring campaign donations from the CEO of Children’s Memorial Hospital at the same time he was in discussions with that same CEO on a government policy change worth up to $10 million annually to the hospital, so long as he didn’t explicitly connect the two subjects in direct contacts with the hospital.
The same would go for his attempts to extract campaign donations from road-building and racetrack industry executives while holding hostage matters of importance to them — and maybe even for his ill-fated effort to get some personal benefit from filling Barack Obama’s U.S. Senate seat.
* Roundup…
* John Wyma takes the stand
* Blagojevich prosecution wraps
* Blagojevich’s defense: I didn’t mean to break the law
* Yes, there’s a bright side to Blago trial
* No trial today — lawyers to meet at 2 p.m.
* Blagojevich lawyers seek a week delay in trial
* Look who’s waiting now: The Blagojeviches pass on their first chance to testify
* Why Blago’s lawyers wanted more time
* Prosecution rests in Blagojevich corruption trial
* The Prosecution Rests Its Case in the Blagojevich Trial
* Lawyers Ready for Next Phase of Blagojevich Trial
* Rod Blagojevich defense: advisers gave him bum advice
* The prosecution rests
* Prosecution Rests in Blagojevich Trial
* Government rests its case; defense to begin on Monday
* Laying Down The Law
* Rod Blagojevich Trial: One Day 23, the prosecution rests. Emanuel call on Jarrett
* Halftime in the Blago Case: How Did the Prosecution Fare?