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Last ditch appeal by Blagojevich

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Illinois
Blagojevich Trial

Attorneys for Rod Blagojevich appeared in federal appellate court Tuesday in Chicago to argue that the imprisoned ex-governor should have his 14-year sentence reduced. […]

The hearing follows Blagojevich’s resentencing last August when a lower court judge gave him the same 14-year prison he imposed at the initial sentencing in 2011. Blagojevich was convicted of abusing his power, including an attempt to sell the U.S. Senate seat formerly held by Barack Obama.

On Tuesday, lawyers asked for a new sentencing hearing, saying that the previous judge didn’t take into consideration the dozens of letters from fellow inmates about the good work he has been doing in prison.

“It’s an argument the government keeps raising that he’s not truly remorseful. It’s interesting because the government prosecuted him. The reason we’re back here is because the government prosecuted him for something that wasn’t a crime, something that in the history of this country has never been prosecuted and has been done throughout history as the appellate court found,” his lawyer Leonard Goodman said outside court.

* Tribune…

In a signal of how high the legal hurdle is for Blagojevich, the same panel of judges who ruled in 2015 that the ex-governor’s sentence was reasonable — Frank Easterbrook, Michael Kanne and Ilana Rovner — heard the arguments again this time around. For the case to break Blagojevich’s way, those judges would have to decide that their previous ruling was erroneous.

After court, Goodman acknowledged that the chances were dimming for Blagojevich, whose only other recourse should the 7th Circuit decide against him would be to petition the U.S. Supreme Court for a hearing — a move that would be considered a legal long shot at best since the high court already passed on taking up the case last year. […]

In its first ruling in 2015, the 7th Circuit threw out five counts involving the Senate seat on technical grounds. But the court tempered the small victory for Blagojevich by calling the evidence against him “overwhelming” and making it clear that the original sentence handed down by U.S. District Judge James Zagel was not out of bounds. Zagel’s decision in August to resentence Blagojevich to the original 14 years means he’s still slated to remain in prison until May 2024.

In the latest appeal in December, Goodman and co-counsel Michael Nash argued Zagel ignored key evidence presented at the resentencing, including dozens of letters written by fellow inmates about Blagojevich’s character and leadership in the federal prison camp outside Denver.

* Sun-Times…

Nearly all of the questions from the three-judge panel Tuesday came from Rovner, who dwelled on the letters and Zagel’s decision to credit Blagojevich with acceptance of responsibility in 2011 and 2016. She said Blagojevich has “conducted himself admirably in prison,” as described in the letters.

“And perhaps this is something that a different judge would give, you know, more weight to,” Rovner said.

But she also asked whether Zagel was required to do so.

* AP…

Ilana Diamond Rovner, one of the three 7th U.S. Circuit Court of Appeals judges who heard the arguments, suggested Blagojevich might have gotten a lesser sentence from a different trial judge.

A prosecutor told the panel that Judge James Zagel was right to stand by the original sentence because Blagojevich, 60, has never admitted serious wrongdoing.

“There’s nothing anywhere where the defendant says, ‘I apologize for putting my own personal interests ahead of the interests of the public I was charged with serving,’” Debra Bonamici said. […]

Outside court later Tuesday, Blagojevich attorney Leonard Goodman said an unqualified apology would contradict his client’s position that he never crossed legal lines.

* NBC 5…

“It’s ironic that the government is saying that he’s not truly remorseful,” Goodman said. “I’d like to see some of that remorse from the government, for putting him through that and putting his family through that!”

Yeah, that’ll happen.

posted by Rich Miller
Wednesday, Apr 19, 17 @ 10:53 am

Comments

Rod, if you want to get out of jail, you need to say you’re sorry. Your continued refusal ensures there will be zero leniency or reconsideration.

Comment by Chicago Cynic Wednesday, Apr 19, 17 @ 10:56 am
To paraphrase Jon Bon Jovi, “You give Don Quixote a bad name.”

Comment by Six Degrees of Separation Wednesday, Apr 19, 17 @ 10:58 am
TOUGH can’t do the time don’t do the crime

Comment by Red Rider Wednesday, Apr 19, 17 @ 11:00 am
I never liked the guy, never voted for him one time. But I do feel badly for him.

Public corruption has a real cost. But so does public incompetence (see state and national executive officers). Sometimes I feel as if the people who damage our state and our country (but do so legally) should also be in jail . . .

Comment by siriusly Wednesday, Apr 19, 17 @ 12:11 pm
Keep doing your good works In prison, Blago. You might have started before you got there.

Comment by Anonymous Wednesday, Apr 19, 17 @ 12:12 pm
Just say you are sorry and mean it! You should realize by now that you are not the brightest bulb, so admit it and apologize. I don’t like you or your wife, but I do think the punishment is a little stiff, so try begging.

Comment by Grandpa Wednesday, Apr 19, 17 @ 12:32 pm
In the first hearing the appellate court found the evidence “overwhelming”. Yet Goodman continues to argue that no crimes were committed. It’s hard to see this logic in this strategy.

Comment by Pundent Wednesday, Apr 19, 17 @ 12:43 pm
#ElvisGoAway

Comment by New Slang Wednesday, Apr 19, 17 @ 1:12 pm
“In the first hearing the appellate court found the evidence “overwhelming”. Yet Goodman continues to argue that no crimes were committed. It’s hard to see this logic in this strategy.”

That’s why I believe it is a client-driven strategy. Good lawyers would be giving him advice that if his goal is to get out earlier, contrition would be the best way to achieve that. Of course, he doesn’t have to follow them.

Comment by Ron Burgundy Wednesday, Apr 19, 17 @ 1:36 pm
Hey Rod, I’m not a lawyer but here is better advise than what you’re paying for.

You have been found guilty. Read the part of your appeal where the judge said the evidence against you was “overwhelming”.As far as the court is concerned it is a matter of fact that you did the crime(s). So to keep proclaiiming your innocence at this point is STUPID!

This is NOT a probation hearing where your good works in prison might reduce your sentence. It is an attempt to get an resentencing for crimes you were found guilty of. Show some remorse dummy.

Comment by Leave a Light on George Wednesday, Apr 19, 17 @ 2:04 pm
He just doesn’t get it. He never will.

As I’ve matured I’ve come to believe he is more stupid than he is corrupt. As such, perhaps the sentence is a bit high.

Comment by Just Me Wednesday, Apr 19, 17 @ 2:15 pm
There are some tapes that blow Counselor Goodman’s argument right outta the water.

Comment by Arthur Andersen Wednesday, Apr 19, 17 @ 2:19 pm
–This is NOT a probation hearing where your good works in prison might reduce your sentence.–

Good point. “Prisoners love me” is an argument for a parole board when you are eligible, not a sentencing court or an appellate court determining whether your sentence was appropriate in the first place.

Comment by Ron Burgundy Wednesday, Apr 19, 17 @ 3:29 pm
I forget the exact percentage but the feds require you to serve 80-85% of your time. There is no “time off for good behavior” which Blagojevich seems to be arguing for in his appeal.

Comment by Pundent Wednesday, Apr 19, 17 @ 4:23 pm
“Even if I did it, it wasn’t really a crime.”

That’s an argument for a sentence reduction?

Blago brings out the worst in lawyers.

Comment by walker Wednesday, Apr 19, 17 @ 5:24 pm