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* UPDATED x1 * The clown show will be toned down

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*** UPDATE *** As pretty much everybody suspected, former Florida Gov. Jeb Bush today flat-out denied that a very goofy Blagojevich-circle plot ever reached him. The plot involved having former football star Bernie Kosar contact Jeb Bush about a presidential pardon for Chris Kelly. From NBC5…

Bush denied the claim.

“It would be humorous if it wasn’t so tragic,” Bush said. “Only in Chicago.”

[ *** End of Update *** ]

* The US Attorney’s office asked U.S. District Judge James Zagel yesterday to place a gag order on Rod Blagojevich. Zagel refused, but wants both sides to come up with an agreement by Monday about what can be said outside the courtroom…

Zagel fell short of slapping a muzzle on the blabby Blagojevich, calling a gag order a last resort. But he took issue with the defendant’s comments in a news conference Tuesday about the testimony of a key government witness. Blagojevich called former aide Lon Monk a liar and said Monk brought shame to his family.

“It is an appeal to sympathy, which is something you are not permitted to do with the jury,” Zagel said. “I do have significant concerns.”

Zagel told the defense and the prosecution to come up with agreed guidelines by Monday on what can be said outside of court.

The prosecution’s motion is here. More from Zagel…

Judge James Zagel told lawyers the issue concerns him. He said news shows include “fairly quick cuts” that are hard for jurors to avoid when they turn on the TV. Zagel says Blagojevich’s comments were “essentially a kind of backhanded plea for sympathy,” and the judge says that kind of defense is not allowed by law.

But you can’t keep a bad clown totally down…

Moments after Zagel’s decision to hold off for now on a gag order, Blagojevich was back outside the Dirksen U.S. Courthouse glad-handing and posing for cell-phone pictures with passers-by who appeared stunned to be running into a celebrity on Dearborn Street. Blagojevich thanked each one and stopped to give his autograph before stepping toward a waiting car.

Video…

Blagojevich exits Dirksen 6/16/10 from Chicago News Cooperative on Vimeo.

Context…

The controversy over recent statements of Blagojevich and his lawyers was the latest culture clash between federal prosecutors, who want the trial to proceed with machine-like precision, and Blagojevich’s defense team, schooled in the razzle-dazzle legal style of Chicago’s Criminal Courts Building.

At “26th and Cal,” showmanship is the norm. Murder defendants there have been known to pass around a single pair of reading glasses to wear at trial in the belief it would make them appear less threatening to a jury.

* Another hole in the case…

In potentially crucial testimony Wednesday, prosecution witnesses described a mechanism of multiple transfers and deposits that allegedly involved Blagojevich’s inner circle. Prosecutors put up a colorful chart with arrows, dates and cash figures that purported to show a trail of money.

Blagojevich’s name did not appear, though former fundraisers Chris Kelly and Tony Rezko did. Blagojevich has pleaded not guilty to scheming to sell President Barack Obama’s former U.S. Senate seat.

* The president’s name was brought up yesterday…

The name of President Obama came into play this afternoon at the political corruption trial of former governor Rod Blagojevich as an associate of political fund-raiser Tony Rezko testified that Rezko asked him to write a $10,000 check to Friends of Obama.

The Chicago Sun-Times reported in January 2008 that Glenview businessman Joseph Aramanda, who is testifying today, made the donation as part of a scheme orchestrated by Rezko.

Aramanda gave $10,000 in campaign cash to Obama’s U.S. Senate campaign on March 5, 2004, according to records. The money came from part of a finder’s fee Aramanda received, but did no work for, thanks to Rezko.

The allegation is the first time Obama has been linked to Rezko through first-hand sworn testimony at the corruption trial.

* From this morning’s proceedings…

Former Democratic national fund-raiser Joseph Cari — who once was presidential candidate Al Gore’s top fund-raiser — is back on the witness stand this morning. He’s discussing a New York fund-raising trip he helped arrange for then-Gov.-Blagojevich in 2003, as well as the alleged shakedown of an East Coast investment-banking firm, JER Partners, in 2004.

Prosecutors are using Cari’s testimony to try to show jurors how Blagojevich and his top fund-raisers were trying to control consulting fees tied to state teacher-pension investments in exchange for campaign contributions and kickbacks.

* Roundup…

* Rezko Associate Testifies for Prosecution

* Rezko could offer corroboration, or muddy case against Blagojevich

* Former Gore Fundraiser Testifies Against Blagojevich

* Blagojevich trial: Day 10 Witness list, recap

* Blagojevich trial: Yesterday’s exhibits

* One Hull of a way to treat donor

posted by Rich Miller
Thursday, Jun 17, 10 @ 11:31 am

Comments

I’ve got no love for Blagojevich, but…

Patrick Fitzgerald got to have his say in the media and made a pretty big deal out of it.

It’s absurd to say the defendant should be restricted from making his case in the media.

Will some of it get back to the jury? Probably.

But it seems grossly unfair for the prosecutors to get their press conference that was full of loaded language and then to compel the defense to avoid statements to the media. This affected the information the jury had about the case.

Zagel goofed.

Blagojevich’s team should fight against this a little and then give in and save it for the appeal.

Comment by Carl Nyberg Thursday, Jun 17, 10 @ 11:37 am
Fitzgerald made his statements almost a year and a half ago when none of these jurors were even paying attention. Its ludicrous to allow this clown to come on TV each night and testify as to what happened in the court room. The jury is not sequestered, and though instructed not to read or watch media reports, they are assuredly watching and talking about all aspects of the case.

I’ve never seen any defendant appear so often in front of cameras and then get a message to the jury that “hey, what you saw today was all hogwash” He gets to testify without being sworn.

Comment by Stooges Thursday, Jun 17, 10 @ 11:50 am
Sequester the jury if the judge is so concerned about Rod’s statement. A gag order can be included in an appeal if Rod is convicted.

Comment by Cincinnatus Thursday, Jun 17, 10 @ 11:55 am
As long as the media is camped out around the Dirksen U.S. Courthouse. The Rod & Patti show we go on and on and on.
Zagel is slowly losing his grip.

Comment by Northside Bunker Thursday, Jun 17, 10 @ 12:17 pm
Mr nyberg,

Yes, indeed, Mr Fitzgerald got his press conference 18 months ago. Has PB been silenced since? Hardly. So, now RB gets his gob on the nightly news and you think it is unfair if he is stopped because of one press conference in 2008?

Maybe you don’t love RB but it sure looks as tho you like him a whole bunch.

Comment by dupage dan Thursday, Jun 17, 10 @ 12:24 pm
I have confidence in the jury-trial system.

I think some of the charges against Blagojevich are a slam dunk. I do not expect the judge or jury to cut him slack during sentencing.

I do not want the conviction overturned on appeal.

I think the prosecution team and judge are showing that they have thin skin. They want to win in the court room and they want to get their way in the media too.

Too bad. Blago gets to flap his gums. And the prosecutors and judges have to be more circumspect.

Oh well. That’s the way it works.

But at the end of the process, presumably Blago will go to prison and the judge and prosecutors get to go on with their lives. That’s the way the system works.

Zagel and Fitz should show some maturity.

Comment by Carl Nyberg Thursday, Jun 17, 10 @ 12:36 pm
Zagel should sequester himself from the news.

He’d make better decisions in court.

Comment by Carl Nyberg Thursday, Jun 17, 10 @ 12:37 pm
Shades of Judge Lance Ito.
O.J. Simpson made a monkey out of Ito.
The Blagojevichs are going to make a clown out of Zagel.
Rod is going to get more defiant as the trial goes on.
The jury will have the last word, not Rod or Patti.

Comment by Wacker Drive Thursday, Jun 17, 10 @ 12:47 pm
Rod should be more concerned about what is being said inside the courtroom. Cari is corroborating pretty much everything Monk said about the hard ball pressure tactics from the Governor and the inner-circle.

So we now have Monk, Aramanda and Cari, plus the tapes on one side, and Rod on the other side, which also happens to be outside the courtroom.

Even if the jurors happen to see Rod on the tee-vee spouting his non-ocence, it will be even more strange when he doesn’t take the stand to tell them in person that it’s all a bunch of lies.

I think Rod’s antics will backfire.

Comment by 47th Ward Thursday, Jun 17, 10 @ 1:18 pm
If the Feds had their way, they would simply skip the trial and go straight to sentencing–God forbid anyone should question the righteousness of their case in court or out; God forbid Blago should talk to his atty or make a funny face in the courtroom. But it’s ok for Fitzgerald to say Lincoln would roll over in his grave! If there’s a threat to a fair trial, then sequester. Otherwise, Feds, stop whining.

Comment by D.P. Gumby Thursday, Jun 17, 10 @ 1:26 pm
Blago needs to keep his mouth shut about the trial outside of the courtroom. To him, it’s all about the court of public opinion- of which he obviously has absoluteley no clue about! I agree with 47th - bet this all backfires on him whether he testifies or not.

Comment by Tunes Thursday, Jun 17, 10 @ 1:47 pm
I try to imagine being on such a jury. Not ever having served on one it is hard. We have to have confidence that they are weighing the evidence and not making much of RBs antics outside.

Given the grief he has put the people of Illinois thru I am looking forward to the day when that smile is wiped from his face.

I wonder if Big Jim Thompson will take on his appeal, too?

Comment by dupage dan Thursday, Jun 17, 10 @ 2:23 pm
Jeb Bush is right. Chicago and Illinois is a certifiable laughingstock. It is a clown show.

Comment by VanillaMan Thursday, Jun 17, 10 @ 2:30 pm
So Aramanda now has a cushy federal job overseeing thousands of census takers in this area and got the job after his $10,000.00 donation, and after he acted a conduit for the “loan” or whatever it was for the commission on the sale of pension bonds?

Perhaps some will begin probing how this guy managed this job after that kind of behavior?

Comment by Louis G. Atsaves Thursday, Jun 17, 10 @ 2:35 pm
If Zagel slaps a gag order on Rod Blagojevich nothing changes because Patti will step in with her rants.
Zagel is fighting a losing battle.

Comment by iMAGINE Thursday, Jun 17, 10 @ 3:11 pm
Blago’s team had to practically pull him away from the people standing outside of the court room. He is an egomaniac and that isn’t going to change. He should be more concerned with what is going on inside the courtroom instead of outside on the street.

The Sun-Times Blago Blog (check it out if you haven’t already) said the former Governor actually got his picture taken with a convicted extortionist who had his trial in the same building…This guy can’t control himself.

Comment by Really?? Thursday, Jun 17, 10 @ 3:48 pm
Ordinarily, prosecutors can not comment on a defendant’s not taking the stand, but in this case, I think justice demands that Blago either take the stand or the prosecutors should be able to make arguments about his failure to answer questions under oath while blabbing ceaselessly outside of it.

Please, please, please, Blago, take the stand.

Comment by Quizzical Thursday, Jun 17, 10 @ 7:26 pm
Great thing about Rich Miller he doesn’t wear his white hood and carry his burning cross while heading the lynch mob for the mentally challenged and political charlatan ex-governor. Show us the money.

Comment by The Fox Thursday, Jun 17, 10 @ 9:35 pm
Zagel’s no Ito. He’ll get a handle on it.

You only want to honk off a judge so much. Cases like this can be won and lost in the judge’s instructions to the jury.

Comment by wordslinger Thursday, Jun 17, 10 @ 10:37 pm
There is no one forcing radio and TV to broadcast Blago’s daily curtain calls unless it harbors some guilt for having trashed all journalistic traditions in scrapping any presumptions of innocence and bought into Fitzgerald’s leaks and assertions hook, line and sinker.Still waiting for connecting the dots.

Comment by The Fox Friday, Jun 18, 10 @ 10:17 am