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Sam Adam, Jr. tries to explain away the expensive clothes

Tuesday, Jul 27, 2010 - Posted by Rich Miller

* 1:35 pm - I have to be on the road soon, so I won’t be able to blog this afternoon. Please help out by updating the trial’s developments in comments. Use the links in the upper right corner of the page, plus any others you’ve grown to rely on. Thanks much. You’re the best.

Here’s the latest dispatch from the Sun-Times Blago Blog, which really ought to win some sort of national award for its trial coverage…

Sam Adam Jr. leaps back into his closing argument. The topic? The ex-governor’s $400,000 wardrobe.

Jurors learned a few weeks ago that Rod Blagojevich spent $400,000 on clothes during his six years in the governor’s seat — largely on custom suits and pricey ties.

“You know why he spent $400,000 on suits in six years?” Adam says. “Because he’s a politician. A CEO for the state of Illinois. He’s on the front page of the paper every day. They have media every day. You gotta look the part.”

“Why did Sarah Palin spend $150,000 on her wardrobe?” he says. “Now she’s getting $150,000 for a speech.”

“He’s broke, man, BROKE! When I say broke, I mean BROKE!”

Adam brings up that Blagojevich paid $500,000 in federal taxes while he was governor. That was really his No. 1 expenditure during those years — a fact the government failed to tell the jury, Adam says.

Again, thanks for helping out in comments.

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*** UPDATED x5 *** No jail for Sam Jr.?

Tuesday, Jul 27, 2010 - Posted by Rich Miller

*** UPDATE 1 - 11:23 am *** Sam Adam, Jr.’s closing statement is proceeding just about as we’d expect…

Adam’s statement is being continuously objected to by gov’t, and Zagel is sustaining. Zagel tells him to be “more precise.”

*** UPDATE 2 - 11:28 am *** More from Sam, Jr…

Sam Adam Jr. cranks up the volume right from the start, telling jurors in his closing argument that he decided not to put Rod Blagojevich on the stand — despite his promise that he would — because the government didn’t prove its case against him.

It’s what he refers to as the “big pink elephant in the room.”

“I promised each and every single one of you that Rod was going to get up there and take the stand,” Adam says. And at opening statement I gave you my word and I meant every word of it,” he says. “I had no idea no idea that in two months of trial (the government) would prove nothing.”

He argues that the government proved the defense’s case — that Patti got paid for legitimate work she did for Tony Rezko, that “Rod didn’t take a dime,” that government witness Lon Monk pocketed envelopes of cash from Rezko.

*** UPDATE 3 - 11:49 am *** Buddy Holly?…

Sam Adam Jr. briefly focuses on testimony of Bob Greenlee, Blago’s former deputy governor.

“He looked like Tom Arnold and Buddy Holly had a baby … remember those glasses?” Adam says, recalling Greenlee’s thick plastic frames. A female juror in front row crosses her arms and can’t suppress a smile.

“He took more than $100,000 a year to advise this man … and what does he come in here and tell you? Ridiculousness,” Adam says. “The most ridiculous statement I’ve ever heard before: ‘Yes, I said those things, yes, I gave you encouragement… you know why? Because I was trying to disagree by agreeing.’ Who are you kidding?”

Adam is referring to Greenlee’s testimony that he told the ex-governor what he wanted to hear - that placating his boss was often easier than arguing with him.

*** UPDATE 4 - 12:11 pm *** SAJ states the obvious…

Ripping apart prosecution witnesses, Adam says to #Blagojevich, “You’ve got absolutely horrible judgment on people.”

Also, make sure to head to the Sun-Times’ Blago Blog for some pretty funny stuff.

*** UPDATE 5 - 12:18 pm *** Yikes…

18 times: Number of objections from prosecution on SAJr’s closing argument in defense of #Blagojevich

[ *** End of Updates ***]

* After all the hooplah late yesterday when Sam Adam, Jr. vowed to risk a contempt of court citation and jail time for insisting on pointing to the absence of Tony Rezko and other witnesses the prosecution didn’t call, we have this short report from inside this morning’s hearing…

Zagel to #Blagojevich attorney Sam Adam Jr: “To put you at ease, Mr. Adam, jail is not in the picture and never was in the picture.”

And…

Zagel to #Blagojevich atty Sam Jr: “I don’t know where they lock up lawyers who make objectionable statements, but we don’t do it here.”

* Background…

Prosecutors had mentioned some of those witnesses, including convicted fundraiser Antoin “Tony” Rezko, in their closing argument, and Adam argued the defense should be able to do the same.

“Your honor, I have a man here that is fighting for his life,” Adam said, turning red and raising his hands.

Zagel responded: “You will follow that order because if you don’t follow that order you will be in contempt of court.”

“I’m willing to go to jail on this,” Adam shot back.

Zagel said he was giving Adam the night to rework his closing arguments, given his “profound misunderstanding of legal rules.” He said Adam could designate another defense attorney to give the closing if he couldn’t follow the rules.

More…

“The jury has to decide based on evidence,” Zagel ruled, “and the fact that someone wasn’t called isn’t evidence.”

Adam raised objections, as the lack of testimony was expected to be a cornerstone of his closing to cast doubts on the government case against disgraced former governor Rod Blagojevich and his fundraiser brother Robert Blagojevich.

“You will not argue it. You will argue evidence,” Zagel insisted.

He said other legal jurisdictions might permit the tactic where if “the law’s against you (and) the evidence is against you, then attack the opposing lawyer,” but federal court and his courtroom do not.

“I can’t follow your order,” Adam said.

“You will follow that order,” Zagel replied. “Because if you don’t, you’ll be in contempt of court.”

* Possible motives for the Adam outburst…

Presuming they weren’t the signs of a meltdown, experts say Adam Jr.’s histrionics at the end of court Monday ultimately proved to be an unwieldy way of accomplishing two simple goals:

1. Stall for time so that he could give his entire closing argument on the same day.

2. Lay the groundwork for an appeal.

* Roundup…

* Blagojevich trial: Day 28 Closings or contempt?

* Blagojevich trial: Judge, attorney clash; jury sent home

* Dull, odd day in Blagojevich trial ends in drama

* Adam Jr., Zagel showdown a long time coming

* Blagojevich lawyer may be muzzled

* Judge Zagel, Blagojevich Attorney Clash Again

* Kadner: Will Adam risk contempt in Defense of Blago?

* Sneed: Berliant snuck into Blagojevich trial

* Blagojevich trial: Blagojevich daughters join parents in the courthouse for closing arguments

* Bring your daughters to court day

* Trial becomes family outing

* Why did they bring the kids to court?

* Roeper: Why would Blagojevich put kids in line of fire?

* Kass: Blagojevich uses kids for sympathy from jury

* Zorn: Really, Rod and Patti? The kids?

* Undecided Blagojevich Jurors Might Be Annoyed by Family

* Walking jurors through the Blagojevich maze

* Can Rod Muster 12 More Votes?

* Blagojevich trial: Ex-governor expressionless as government begins closing statement

* Blagojevich trial: What the prosecution is trying to do

* Blagojevich Prosecution: “Talking is the Crime”

* Prosecutors on case: “The law doesn’t require you to be a successful crook, it just requires you to be a crook.”

* Prosecutor in closing argument: Crimes didn’t have to be successful for ex-governor to be guilty

* Prosecutor: Case is “simple” — governor can’t exchange state action for personal benefit. “You do — that’s a bribe.”

* Prosecutor in closing argument: “In politics, money is power”

* Spotlight on brother

* Prosecutor to jury: Robert Blagojevich lied to you; you heard him “dancing and dodging”

* Tiptoeing around the profanity

* Government wraps up closing argument; Urges jury to find Blagojevich brothers guilty on all counts

* Final message: Don’t miss the forest for the trees

* Robert Blagojevich was an innocent bystander, lawyer says

* Defense attorney: Robert Blagojevich a “person of honor”

* Lawyer: Robert just didn’t want Rod to get in trouble

* Robert Blagojevich attorney: You can’t get convicted for talking

* Robert Blagojevich attorney to jury: You heard the government prove my client is innocent

* Robert Blagojevich closing ends

* Blagojevich jurors’ names stay under wraps

* Blagojevich’s Elvis statue may be auctioned off

* Blago’s Stuff Heads to Auction

* Blagojevich storage items in Arlington Hts. may be auctioned

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*** UPDATED x2 - Arguments will continue tomorrow *** Mid-afternoon trial updates

Monday, Jul 26, 2010 - Posted by Rich Miller

*** UPDATE 2 *** It’s gonna drag into tomorrow…

Judge James Zagel interrupts Michael Ettinger, asking how long he has left in his closing. The attorney for Robert Blagojevich says he has about 30 minutes to go.

We’re clearly behind schedule. The judge wanted to finish all the closing arguments in one day, but with Sam Adam Jr. and the government wrap-up to go, that’s looking increasingly unlikely.

Instead, Zagel says, closings will carry into tomorrow. Ettinger will wrap up for Robert Blagojevich this afternoon and then Sam Adam Jr. will present about half of his argument for Rod Blagojevich. He’ll finish up in the morning, to be followed by the government’s final argument.

*** UPDATE 1 *** The prosecution has wrapped up…

Niewoehner finishes his argument around 2:05 by calling on the jury to find the defendants guilty on “each and every” count.

“(Rod Blagojevich) knew exactly what was happening,” the prosecutor says. “And now you do, too.”

When the prosecutor finished, Rod turned to his daughters, smiled, and mouthed something to his youngest daughter, Annie, as Patti passed her hand over the 7-year-old’s hair.

And Robert Blagojevich’s defense has begun…

Robert Blagojevich, the one-time head of the Friends of Blagojevich campaign fund, did not mix politics and fund-raising, his lawyer said as the defense began presenting its two-pronged closing arguments this afternoon.

Michael Ettinger, the defense attorney for the ex-governor’s brother, described Robert Blagojevich as a “person of honor, a person of character” during his four-month stint heading Rod Blagojevich’s campaign fund.

Ettinger said Blagojevich gave up a successful business career in Tennessee in 2008 to help revive his brother’s depleted campaign fund and to help lessen tensions with his brother - and was unaware of any illegal activity.

Ettinger dwelt on Robert Blagojevich’s background in the military and business and raising funds for the YMCA and the Red Cross. Initially, he was reticent about answering his brother’s call for help running his struggling fund-raising operation.

“Robert didn’t want to do it, but he did. When Robert gives a commitment to do something, he keeps his word,” Ettinger said.

[ *** End of Updates ***]

* The Sun-Times’ Blago Blog made an important point this afternoon…

Perhaps nearing the conclusion of his closing argument, Assistant U.S. Attorney Chris Niewoehner again tackles what has been a key idea of the defense — that Rod Blagojevich was unsuccessful in carrying out any of the alleged schemes and is therefore not guilty.

Niewoehner takes the allegations surrounding Jesse Jackson Jr. as an example. He argues that even if the ex-governor didn’t really plan to appoint the congressman to a vacant Senate seat, he is still guilty of trying to accept a bribe of $6 million in campaign cash from his supporters.

“What is bribery?” Niewoehner asks the jury. He says a key point is that the bribery can be “indirect” — “It does not have to be ‘x’ for ‘y.’”

“You do not have to say to (Jackson supporter) Raghu Nayak, ‘I will give you a Senate seat only if you give me $1 million,” he says. “People do not talk that way. You flip $1 million on the table, wink and say ‘I’d like to be senator.’ Is there any doubt what you mean?”

The government doesn’t have to show that Blagojevich actually intended to appoint Jackson, Niewoehner says — just that he tried to convince Jackson’s supporters that he did, so they would give him the money.

“These bribe attempts don’t have to work. Attempts are fine,” Niewoehner says.

“Again, you don’t have to be a successful criminal to be a criminal,” he tells them.

* More…

Niewoehner pointed to hundreds of thousands of dollars that Patti Blagojevich was paid by Tony Rezko to allegedly do nothing in real estate deals.

“How many dimes are there in hundreds of thousands of dollars?” Niewoehner said.

Early on, Niewoehner took on Sam Adam Jr.’s opening statement promise that by the trial’s end, jurors would know in Rod Blagojevich was innocent.

“You were going to know in your gut that Rod Blagojevich is as honest as the day is long,” Niewoehner said. “Now is the time to answer those questions.”

While Adam in opening statements criticized prosecutors for charging a man who is broke, Niewoehner said the reason he was broke: the federal investigation cut off the former governor from Tony Rezko. Rezko’s payments to Patti Blagojevich stopped in 2004, when state board member Stuart Levine was interviewed by the FBI, he said.

* And the prosecution dropped a charge against Robert Blagojevich today…

Prosecutors dropped Count 13, Wire Fraud, against the head of the Blagojevich fund raising arm. The charge related to a December 4, 2008 phone call in which both brothers allegedly schemed to receive political donations from Jesse Jackson Jr. in exchange for an appointment.

It’s unclear why the prosecution dropped this count against Robert, but not for Rod.

…Adding… The prosecution is a bit behind schedule…

Last week, Niewoehner said he’d take about two hours for his closing argument. At this point, accounting for breaks, he’s going on 2-1/2.

Judge James Zagel wanted to get through all the closing arguments today. If that’s still the case, we may be in for a long day.

Attorneys for the defendants said they would need 2-1/2 hours for their two closing arguments, and once they’re done, the prosecution gets a last shot to address the jury. That’s supposed to take an hour.

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