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Fitz trying to keep lid on expected circus

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* Federal prosecutors filed a document today asking the judge to keep Rod and Rob Blagojevich mum about Chris Kelly’s suicide and more…

Prosecutors in Chicago are urging a federal judge to bar former Gov. Rod Blagojevich’s lawyers from telling the jury at his corruption trial about his chief fundraiser’s suicide.

In court papers Monday, prosecutors say Blagojevich and his attorneys have made remarks suggesting they might bring up fundraiser Christopher Kelly’s suicide at the trial.

The motion shows that prosecutors are expecting a circus, and if the past is any guide, they’re right to be worried. More…

Among the issues, prosecutors want the defense barred from arguing to the jury that it should be able to play all the undercover recordings made of Blagojevich in the fall of 2008. Blagojevich has long called for all the tapes to be played, not just the ones preferred by prosecutors.

“For example, comments by counsel or witnesses along the lines, ‘If it was up to us, we would play all the tapes,’ are improper,” the government said.

Prosecutors also asked the judge to block the defense from making Blagojevich’s impeachment an issue at trial, arguing it has no bearing on the criminal case. The jury shouldn’t consider consequences of the government’s decision to charge the ex-governor, the prosecution argued. […]

Prosecutors also don’t want jurors told about positive actions by Blagojevich as governor because they are irrelevant to his criminal case.

More…

And, while Rod Blagojevich on his radio show may spew tales of misdeeds by other politicians, he can’t do that at trial. The defense can’t ask jurors to acquit the former governor because it was just “politics as usual,” prosecutors argued.

“No one is on trial in this case other than the defendants, and the jury should not be presented with evidence and counter-evidence as to whether other individuals committed similar acts,” prosecutors wrote.

They also said the former governor can’t tell jurors it was a selective prosecution (they can argue that to a judge, not a jury) and can’t try playing on jurors’ sympathies by discussing what a conviction would do to the former governor’s family.

posted by Rich Miller
Monday, Apr 19, 10 @ 12:44 pm

Comments

So, they are proposing that Blagojevich should be wheeled into court like Hannibal Lecter?

Comment by VanillaMan Monday, Apr 19, 10 @ 12:53 pm
lol

That’s a pretty good idea.

Comment by Rich Miller Monday, Apr 19, 10 @ 12:57 pm
Give ‘em the Abbie Hoffman treatment.

Comment by excessively rabid Monday, Apr 19, 10 @ 1:01 pm
ER, that would be the Bobby Seale treatment. He was the one bound and gagged.

Comment by Rich Miller Monday, Apr 19, 10 @ 1:02 pm
Except Hannibal Lecter would have been a far better governor…if he wasn’t a fictional murdering cannibal. Loop Lady has me thinking dreamily about how we can vote in Heaven if we were all angels.

Comment by VanillaMan Monday, Apr 19, 10 @ 1:03 pm
Vanilla Man, I would honestly like to see that happen.

Comment by Levois Monday, Apr 19, 10 @ 1:04 pm
If Lecter was our governor, those magic beans would be Favas.

Comment by VanillaMan Monday, Apr 19, 10 @ 1:06 pm
I recall a trial where the judge ordered the defendants gagged and bound. Might work in this trial as well.

On the other hand, why doesn’t the prosecutor just ask the judge to find him guilty now? It would save the taxpayers the cost of a trial. But then there’s the circus that is sure to occur, which will make for great entertainment. It might even improve the Chicago area economy.

The vendors are already lining up. Some selling T-shirts with prison bars, some Blago Dolls holding a kitty, and many Blago hairpieces. I prefer Cracker Jacks at the Cubs ballgames with Blago handcuffs in every box as a prize.

Comment by Justice Monday, Apr 19, 10 @ 1:10 pm
No, no. I meant the suit and the hair….

Comment by excessively rabid Monday, Apr 19, 10 @ 1:11 pm
I didn’t see the “The Donald fired me” defense or is Fritz going to call Trump as a government witness?

Comment by South of I-80 Monday, Apr 19, 10 @ 1:13 pm
VM: I am thrilled to know I inspire visions of heavenly perfection in your ever creative mind…;)

Comment by Loop Lady Monday, Apr 19, 10 @ 1:13 pm
Bound me up before I go-go
Leave me hanging on like a yo-yo
I like fava beans and some livers
“You don’t want to hear the truth” I’ll cry
Gag me up with a pillow
‘Cause I’m campaigning, going solo
Wheel me out on a dolly
I’m innocent, ask Joan Rivers

Comment by VanillaMan Monday, Apr 19, 10 @ 1:18 pm
The problem for prosecutors with the play all the tapes bit is that it allows Blago to tell the jury it was a political move to oust him not criminal act. Where are the people on the other end of the line? Why am I the only one here? M. Madigan, L. Madiga, Emanual, Daley, Obama, Quinn all knew whey did they only arrest me? Whether it is true or not, it could create some doubt and he only needs to hook on juror. All those tapes have to have advisors to many high ranking officials. R and D. It is a long shot, but I knew this guy was a criminal 6 years ago and he still swooned 50% of the voters in a 3 way race. He only needs one in 12

Comment by the Patriod Monday, Apr 19, 10 @ 1:27 pm
If a judge allows all these motions, then we can clearly say that we no longer have the right to a fair trial.

Comment by Balance Monday, Apr 19, 10 @ 1:29 pm
Speaking of trials, protests, anger, and politicians:

http://www.youtube.com/watch?v=fEFsBF1X1ow

Comment by excessively rabid Monday, Apr 19, 10 @ 1:36 pm
Balance - I really disagree with you.

This isn’t about free speech or political campaigning. This is a criminal trial. The subject matter being dealt with here is very specific: charges of specific violations of law by the defendants. I think the prosecution has an obligation to the jurors, and the taxpayers, to ensure that the trial isn’t taken way off course by diversionary tactics which deal with subjects that aren’t related to the evidence or the defendants.

Comment by siriusly Monday, Apr 19, 10 @ 1:40 pm
Does anyone have an educated guess as to what type of plea deal, if any, that the feds would have offered to Blago? And if they are done with offering or will they still try to get him to skip a trial? There has to be some reason they haven’t indicted Patti except to be holding it over his head. And how low can they go on the number of years he would serve? I know they probably want the publicity that goes with these types of media circuses but there is also a chance something backfires on you during a trial and a plea deal is a sure thing.

Comment by Been There Monday, Apr 19, 10 @ 1:43 pm
VM the chianti is the critical mix wih the fava beans some old inside pysch joke that the combo counteracts certain anti-psycotics…

look a kitty

Comment by Ghost Monday, Apr 19, 10 @ 1:43 pm
That’s a great question Been There. Think about it. He’s already exhausted all / most of his fame related money-making schemes proclaiming his innocence. He might have somethings to gain (protecting his wife and/or shorter sentence) by pleading at this point. On the other hand, he is probably looking at a long sentence either way - why not try his charm on the jury.

Worth discussing - but in the end I say no way his ego allows him to plead guilty. Whether he knows the facts or not, he has convinced himself that he’s the victim here. He’ll never plea.

Comment by siriusly Monday, Apr 19, 10 @ 1:49 pm
What if all Blagojevich’s “Bold Talk” is just talk and he’s backs down hours before the trial? Pleads guilty……
Just wondering?

Comment by Suspicious Activity Report Monday, Apr 19, 10 @ 2:23 pm
How could the feds possibly go lower than 20 years. No other single person has done more to the public’s faith in Government than this guy. While it is not a legal consideration, the Feds have to consider the precedent and deterrane. Ryan got 6 years and it his successor just ramped up the corruption to an even higher level.

Comment by the Patriot Monday, Apr 19, 10 @ 2:25 pm
C’mon, you KNOW he’ll plead not guilty…”Yer honor, this was a vast conspiracy to remove me from office, in order to raise taxes…I was just looking out for regular folks, and got in the way of pols who were willing to take advantage of the people”…think back to his speech on the floor of the Senate to get a preview of this sociopath’s version of the truth…

i.e.: “Why didn’t you remove me from office after my first term”? Good question, and it might just plant a seed of doubt in one juror’s mind, God help us…

Comment by Loop Lady Monday, Apr 19, 10 @ 2:26 pm
Oh, and btw aren’t we paying attention. They didn’t indict Patti because it is a conspiracy to go after Rod. More proof he is innocent.

It does creat an interesting scenario. In Ryan’s case, as with most, you have to climb the ladder and get a little bigger fish with each conviction or plea deal. The feds feel they have enough to land the big fish right off the bat. Will they go back for the little fish left behind?

Comment by the Patriot Monday, Apr 19, 10 @ 2:28 pm
Loop Lady
- Blagojevich pleads guilty, get 10 years instead of 30 years, then he’s out in 5 for good behavior and several new books. Of course a professional would type them.

Comment by Suspicious Activity Report Monday, Apr 19, 10 @ 2:30 pm
Just make him go away for at least five years…anybody PLEASE!!

Comment by Loop Lady Monday, Apr 19, 10 @ 2:44 pm
grod has done bad things, but the parameters the prosecution wants on this seem severe. while they have amended their
prosecution in the anticipation that the honest services clause
will be struck down, they seem to be working in the same arena
with these claims that a defense cannot include good things someone did, etc. I would like to see him convicted, but on a fair
playing field. this seems to be over the line.

Comment by Amalia Monday, Apr 19, 10 @ 2:49 pm
Legally, the issue of other politicians’ misdeeds is irrelevant, but those other matters, including playing all the tapes in these days of well documented prosecutorial misconduct in hiding/destroying evidence could be a serious “fair trial” issue for appeal. The more rope given Blago, the greater the likelihood of self-hanging. If Fitz wants a little packaged ticky-tacky box, he should have chosen a tidier defendant.

Comment by D.P. Gumby Monday, Apr 19, 10 @ 2:53 pm
Let’s see….. How criminals had or have families that were sentenced prison time? Again the rules don’t apply to Blagojevich.
The defense is going play ever possible sympathy card they can until Judge Zagel cuts them off.

Comment by Suspicious Activity Report Monday, Apr 19, 10 @ 2:56 pm
Will Blago have to give up his radio gig during the trial? And is it possible to enforce a gag order on an idiot?

Suspicious Activity - I got a laugh out of your posting. Of course Mr. Technology would have to hire a typist. Wonder who typed his stuff when he was in law school? Or did he just order his completed assignments from 1-800-BUYABRIEF.

Comment by Little Egypt Monday, Apr 19, 10 @ 3:12 pm
I have always been curious as to who Vanilla Man is…hello George Michels..LOL
Maybe Blago could video it in to the trial, He has been on TV so much then we could just turn off the sound. LOL

Comment by really? Monday, Apr 19, 10 @ 3:27 pm
The “play all of the tapes” strategy is a canard. It is a pre-trial ploy only, and the prosecutors are right to object to it.

If I understand trial procedures (I watch a lot of Law and Order which qualifies me as an expert), then for Rod to get new tape(s) into evidence, he almost certainly has to take the stand. He is not going to take the stand because he will be devastated on cross examination.

I think I said last year that I’d donate $100 to Rich’s favorite charity if Rod takes the stand in his defense. I’ll double that to $200 today if he testifies in his trial.

Not. Gonna. Happen.

After he’s convicted, he’ll say if only all of the tapes were played, he would have been acquitted. Don’t believe a word from this guy. He is playing us for fools once again. Judge Zagel is no fool.

Comment by 47th Ward Monday, Apr 19, 10 @ 3:38 pm
Balance, you’re about 25 years too late. Defendants in federal trials have had super-limited rights for a very long time.

Comment by Rich Miller Monday, Apr 19, 10 @ 3:43 pm
It would be naive to argue that our “constitutional” rights have not been eroding over the past 25 years.

I’m a little surprised that it doesn’t seem troublesome though.

First they came for …, etc.

Comment by Balance Monday, Apr 19, 10 @ 3:54 pm
That’s more than a little dramatic, don’t you think Balance? But let me finish your thought:

First they came for the mafia, but I didn’t object because I’m not in the Outfit.

Then they came for the corrupt politicians, but I didn’t object because I wasn’t corrupt.

Then they came for ordinary, run of the mill tax cheaters, but I didn’t object because I pay my taxes.

Call me naive, but I think my definition of erosion is different from yours. Or maybe it’s my definition of “constitutional” rights that is different. Either way, I’m not troubled in the least by the rules of federal criminal procedure.

Comment by 47th Ward Monday, Apr 19, 10 @ 4:25 pm
===Either way, I’m not troubled in the least by the rules of federal criminal procedure. ===

You should be.

Comment by Rich Miller Monday, Apr 19, 10 @ 4:26 pm
How so? I’d rather be a defendant in federal court than in Illinois courts. How many innocent men were sent to the federal death row lately?

Comment by 47th Ward Monday, Apr 19, 10 @ 4:30 pm
===I’d rather be a defendant in federal court than in Illinois courts.===

R. Kelly might disagree. Also, since there’s a moratorium on executions, I think that part of your comment is a wash.

Comment by Rich Miller Monday, Apr 19, 10 @ 4:34 pm
You think R. Kelly was “innocent?” Are you spending too much time with Ed Genson?

Comment by 47th Ward Monday, Apr 19, 10 @ 4:35 pm
No. To the contrary. My point was that he’d have been toast in a fed courtroom.

Comment by Rich Miller Monday, Apr 19, 10 @ 4:37 pm
Too bad the feds didn’t have jurisdiction then. They probably would have gotten him for witness tampering too.

Comment by 47th Ward Monday, Apr 19, 10 @ 4:46 pm
Rod can’t win on the merits. He HAS to derail the jury, any way he can. Right now he’s trying to use PR efforts to contaminate the pool with his message as much and as often as possible. Next, his lawyers will try to pick the very stupidest jurors that they can get, ones who can be bamboozled with non-evidentiary appeals to emotion and to their innate prejudices. If they still can’t win, they will try to force a mis-trial. George Ryan nearly slipped thru the system that way. Rod is going to re-write the same playbook, set to “turbo”. He will use Patti and the kids, he will use his dead friend Kelly’s suicide, he will use anything he can, legal or not, to win.

Rich, you stand to become relatively well-off when your book about all this comes out, either way it turns out. I can’t wait for your scoops from the bus tour and the other close-up time you spent with Voldemort. It may eventually be almost as good as classic Royko.

Comment by Gregor Monday, Apr 19, 10 @ 6:11 pm
Try never to get too far ahead of yourself, Gregor. And you’ve just gone light years ahead there.

Comment by Rich Miller Monday, Apr 19, 10 @ 6:13 pm
Rich, I can think of no one else who would write a truthful book about Blago except YOU. You have a boatload of contacts who trust you and you’re the only one with the reputation and integrity to write this NYT best seller.

Comment by Little Egypt Monday, Apr 19, 10 @ 10:11 pm