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Smith attorney wants to subpoena FBI mole, agent

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* Indicted Rep. Derrick Smith’s attorney has submitted his witness list to the House Select Committee on Discipline. Victor Henderson says he wants to question “CS-1,” the federal government’s unnamed mole who allegedly passed the $7,000 cash bribe to Smith.

Henderson also wants to question FBI Special Agent Bryan Butler, who was the arresting officer in the case.

Smith’s attorney wants the committee to subpoena both people or be given the right to subpoena them himself. Needless to say, it’s highly doubtful either of those things will happen.

* Henderson also disclosed in his evidence list that he intends to ask for an extension of the committee’s scheduled July 19th hearing. According to Henderson, they’ll want the extension “in order to obtain other, unidentified, exculpatory evidence.

The July 19th hearing will be the committee’s one and only hearing before recommending his punishment to the full House.

posted by Rich Miller
Monday, Jul 9, 12 @ 3:06 pm

Comments

It seems reasonable to want to face and question your accusers if you’re going to be disciplined.

I know it’s not a trial, but if the purpose of the House hearing is to gather evidence before the expulsion, whoops, I mean before possibly taking disciplinary action, wouldn’t they want to give Smith the opportunity, in all fairness?

If it’s just a Star Chamber going through the motions before giving him the boot, why dress it up in formalities like “Animal House”? Just do it.

Or give him Double-Secret Probation until his federal charges are resolved.

Comment by wordslinger Monday, Jul 9, 12 @ 4:34 pm
No chance either CS1 or the FBI agent appear before the committee. So either the house throws him out based on the proffer or wait until he is convicted.

Comment by Fed up Monday, Jul 9, 12 @ 4:38 pm
My favorite part is Henderson’s asking for an extension while they seek “other, unidentified exculpatory evidence.” We don’t know what it is, or if it exists, but we need more time to find it.

It’s sort of like OJ asking for a recess while he searches every golf course in Florida for the real killer.

Rich, assuming the House Select Committee recommends expulsion on the 19th, how soon do you think the full House can be called to a vote on this? I think getting a quorum could be tough with summer vacations, but maybe your sources can help us understand if this will be over before August 1?

Comment by 47th Ward Monday, Jul 9, 12 @ 4:58 pm
Who does Smith’s attorney think he is trying to talk to the federal mole and his personal handler? This America where your guilty until the Feds say it ain’t so. What a joke this has become.

Comment by redrum Monday, Jul 9, 12 @ 6:07 pm
This reminds me of the U.S. House’s ouster of Adam Clayton Powell. They kicked him out & then his District reelected him. The Kangaroo Court tactics engaged in by the House just may create enough sympathy in Smith’s District to get him reelected after the House gives him the boot. Basically, the current legislature is done. Madigan might’ve been smarter to say to give the man due process, we gotta wait till the criminal case is over.

Comment by Justice Monday, Jul 9, 12 @ 10:25 pm
Have these commenters forgotten that Blago was removed from office based on a criminal complaint alone, and that Blago’s lawyers were saying the same thing that Smith’s lawyers are saying? It’s easy to say you want “all the evidence heard” when you know it’s under seal by a federal judge who would never allow it, anyway. It’s a free shot on goal for Smith’s lawyer. I’m not criticizing him for doing it, but c’mon, people, see through the B.S.

Comment by Anonymous Tuesday, Jul 10, 12 @ 9:42 am