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Did the Trib deprive Fitz of biggest prize?

Posted in:

* Hmmm

Conventional wisdom holds that U.S. Attorney Patrick Fitzgerald ordered the FBI to arrest Rod Blagojevich before sunrise Tuesday in order to stop a crime from being committed. That would have been the sale of the Senate seat vacated by President-elect Barack Obama.

But the opposite is true: Members of Fitzgerald’s team are livid the scheme didn’t advance, at least for a little longer, according to some people close to Fitzgerald’s office. Why? Because had the plot unfolded, they might have had an opportunity most feds can only dream of: A chance to catch the sale of a Senate seat on tape, including the sellers and the buyers.

The precise timing of Tuesday’s dramatic, pre-dawn arrest was not dictated by Fitzgerald, nor was it dictated by the pace of Blagojevich’s alleged “crime spree.” It was dictated by the Chicago Tribune, according to people close to the investigation and a careful reading of the FBI’s affidavit in the case.

At Fitzgerald’s request, the paper had been holding back a story since October detailing how a confidante of Blagojevich was cooperating with his office. […]

There appear to have been fears in Fitzgerald’s office that those caught on tape might now seek to “undo” other “things.” Hours were logged over the weekend. Paperwork was pounded out. And before sunrise Tuesday, Blagojevich and his chief of staff were arrested simultaneously. At that same moment, FBI agents also knocked on the doors of witnesses. These were just a few of the people agents wanted to interview before cellphones started ringing across the city and others who had been caught on tape had a chance to get their stories straight.

Had it not been for the Tribune’s Dec. 5 story, the meeting Blagojevich’s brother was arranging might have proceeded. Mr. Blagojevich is quoted as citing the story, in the affidavit, then calling off the meeting. At a minimum, the FBI’s recorders would have been rolling when he reported back. The feds also probably would have tried to bug the session live, or at least to tail the participants and secretly film or photograph them. That’s what feds do. Jurors love video.

Go read the whole thing.

Thoughts?

* Semi-related…

* Catch-22 in Trib-Blago Reporting?

posted by Rich Miller
Monday, Dec 15, 08 @ 9:00 am

Comments

  1. Grant from the FBI called into Don and Roma this AM and said they had planned to arrest the Gov a week in advance. He disputed the WSJ story.

    Comment by Bill Baar Monday, Dec 15, 08 @ 9:06 am

  2. The facts on the ground are always fluid in a big case like this. Shouldn’t the federal prosecutors take pride in preventing such a crime from happening, as much as they would have liked to catch someone who would’ve taken the bait. The Trib held the story for quite a while anyway in the national interest.

    Comment by Six Degrees of Separation Monday, Dec 15, 08 @ 9:09 am

  3. I have questioned from the beginning the Trib’s role in this and whether many more people would have been caught in the web, if the scenario had been played out. I wish it could have continued.

    Comment by Fan of the Game Monday, Dec 15, 08 @ 9:11 am

  4. To hang all of this on the Trib is ridiculous. They held an EXCLUSIVE story for well over a month. An exclusive story that in their current financial state could certainly have benefited them financially. In every criminal case there is always the desire to let the investigation go just one more day, get one more piece of evidence, but eventually there comes a point when its time to shut it down. You can’t always get the deal with “Mr. Big” on tape or video.

    Comment by Sweet Polly Purebred Monday, Dec 15, 08 @ 9:22 am

  5. Realizing I was out of town most of last week so if this has been covered, my bad:

    Anybody else wonder about the other Tribune link in the case? Why didn’t we read about the Wrigley sale matters when the calls were first amde? The fact that calls were made seems newsworthy.

    Comment by Skeeter Monday, Dec 15, 08 @ 9:25 am

  6. This is a good opportuntiy to remind your blog readers that the action taken by the federal prosecutors was merely a criminal complaint, not an indictment. Usually the police come across a criminal act or one about to be made, and alert the prosecutors and judiciary. Here, the prosecutors came across a crime about to be committed - the sale of a US Senate seat - and publicly acted 9including an arrest) to prevent it from happening.

    Did the prosecutors potentially weaken their case by acting when they did? Would everyone prefer that they had waited, just to entrap both the governor and a potentially semi-involved public figure in the appointment?

    The full indictment of Public Official A is expected in the spring. For now, Blago was simply arrested to keep another damaging crime from being committed. The public notice of the crime in process created the situation of the US Senate saying that it would not seat anyone Blago sent. So the federal prosecutors achieved their temporary objective, and they deserve our thanks.

    Comment by Capitol View Monday, Dec 15, 08 @ 9:29 am

  7. The consequences to the public of allowing this particular crime to occur might not have been any worse than preempting it and enduring all of the speculation, questions, what-ifs, and potential delays in removing Blagojevich that entailed as a result. There was a chance (more speculation) that caught in the actual crime, Blagojevich might have resigned by now.

    Comment by vole Monday, Dec 15, 08 @ 9:34 am

  8. I’m not so sure about this story. I too heard Grant on the radio this morning dismissing it.

    That’s not the last word, but the story’s only sourcing is “according to people close to the investigation and a careful reading of the FBI’s affidavit in the case.” Not knowing the peeps, it’s hard to judge.

    Comment by wordslinger Monday, Dec 15, 08 @ 9:41 am

  9. Sweet Polly,

    I understand that, but the Trib’s issues with the governor’s office was part of the investigation. If the shakedown of the editorial board is not part of Fitzgerald’s investigation, do they uncover a story? The paper decided to report some things and not report others. Is that because it’s own people were involved in less-than-savory activities? I am not suggesting that is the case, but the thought went through my feeble mind, and if I thought it, I am sure many others did, also.

    Comment by Fan of the Game Monday, Dec 15, 08 @ 9:50 am

  10. What is Grant doing on the radio? Isn’t there any real crime to fight in Chicago? This arrest was politically motivated. There was no “crime” to prevent. They didn’t wait for an indictment because they didn’t have enough evidence to get one. I wonder who among the Blago-
    hating,gloating commenters here would want their phones tapped and their private conversations read in a press conference by the bloviating, arrogant, holier than thou, self aggrandizing, US attorney.

    Comment by Bill Monday, Dec 15, 08 @ 10:01 am

  11. Can anyone else find the Tribune’s December 5th front pager with the headline “Feds taped Blagojevich”?

    The Tribune is redirecting all links to the article to reporting from today.

    Comment by Gabriel Monday, Dec 15, 08 @ 10:10 am

  12. Note that the author of the WSJ report is Cam Simpson, an EIU alumnus and a reporter for The Tribune until recently.

    Comment by Interested Observer Monday, Dec 15, 08 @ 10:14 am

  13. Fan - According to the papers that the Feds filed, the shakedown of the editorial board was part of their investigation. Also, the head of the editorial board - the main target of the gov’s wrath said in a statement that he and the others on the board were not even aware that they were targets of the gov. It appears that this horse trading occurred between the gov’s staff and Tribune MANAGEMENT, most likely ZELL or Zell’s people. That’s my take, but as more is revealed, things could certainly change.

    Comment by Sweet Polly Purebred Monday, Dec 15, 08 @ 10:27 am

  14. I personally think the most galling thing the Trib. is doing is running these maybe 15 second TV ads, showing edited clips of Patrick Fitzgerald thanking them at his press conference, followed by the phone number to subscribe. I’m sure the U.S. Attorney appreciates being used in a commercial to sell papers.

    Comment by Ron Burgundy Monday, Dec 15, 08 @ 10:28 am

  15. Gabriel - you can pick it up at the following link:
    http://newsblogs.chicagotribune.com/clout_st/2008/12/trib-exclusive.html

    Comment by Sweet Polly Purebred Monday, Dec 15, 08 @ 10:32 am

  16. Bill, you’re back! Some impostor was using your handle last week.

    Comment by wordslinger Monday, Dec 15, 08 @ 10:33 am

  17. Monday morning quarterbacking.

    I suspect that after all these months, there is a lot of illegal activities to investigate. Blagojevich’s arrest could have waited longer as the net was cast further. There is more than enough on those tapes to choke a horse.

    Comment by VanillaMan Monday, Dec 15, 08 @ 10:34 am

  18. The Trib reports say they learned about Wyma’s interest from the Feds on or around Oct. 21. They say they learned this from the Fitz subpoena of records from Provena Health in regards to lobbying at the state level.

    How did the Trib learn about the recordings? They’re awfully careful in protecting this information.

    Comment by Gabriel Monday, Dec 15, 08 @ 10:46 am

  19. Gabriel, on a regular basis, the District Court Clerk is required to release information on the number of wiretap requests made by the U.S. Attorney during a given period. Maybe they were able to piece something together from that to make a run at a source.

    Comment by wordslinger Monday, Dec 15, 08 @ 10:53 am

  20. i think Patrick Fitzgerald is learning what everyone else knows…spend any time, in any way with the political crowd in Illinois and people question your actions and motives. and that includes time with the tribune….that commercial featuring the USAttorney is creepy.

    Comment by Amy Monday, Dec 15, 08 @ 11:15 am

  21. I am convinced that the Fitz cake wasn’t quite baked when the Feds surprised the Guv with his early morining arrest last week…

    Additionally, I am convinced that the Guv can definitely take down a few other pols/insiders in order to attain a reduced sentence/leniency…be afraid children, and hire great counsel ASAP…

    Comment by Anonymous45 Monday, Dec 15, 08 @ 11:25 am

  22. This arrest was politically motivated. There was no “crime” to prevent.

    And here, the MSM led me to believe the guv had no “friends” left.

    Comment by Six Degrees of Separation Monday, Dec 15, 08 @ 11:26 am

  23. Amy,
    The US Attorney himself is ‘creepy” and so is anything involving him.

    Comment by Bill Monday, Dec 15, 08 @ 11:35 am

  24. What is Grant doing on the radio? Isn’t there any real crime to fight in Chicago?

    That thought crossed my mind too…. at least the first thought.

    It was an unusual interview. He’s very open. He called in too admitting he hadn’t read the WSJ story yet but had heard it described on the radio.

    Comment by Bill Baar Monday, Dec 15, 08 @ 11:45 am

  25. I think Fitz was protecting the government’s reputation. Can’t have a scandal go too high like it did with Watergate. Tends to disillusion the masses with their government…not a good thing from a government employees perspective.

    Not intending to slam Fitz, he is doing a great job. I just think he wanted to keep this from blowing up too much.

    Comment by Melancton Smith Monday, Dec 15, 08 @ 12:36 pm

  26. Bill, i don’t know him, so i have no motive to defend patrick fitzgerald, but he is widely respected in the legal community, comments from some defense attorneys notwithstanding. creepy is not a term to describe him. maybe hyperfocused, or single minded, or out to get criminals, but creepy? you should explain because perhaps you have a good theory.

    Comment by Amy Monday, Dec 15, 08 @ 12:56 pm

  27. Kind of creepy he put Judith Miller in jail when he knew Armitage leaked Plames to Novak.

    Comment by Bill Baar Monday, Dec 15, 08 @ 1:04 pm

  28. Now that you mention it, I can’t recall an FBI Special Agent in Charge (what a great title) calling into a radio gabfest before. Maybe Grant is the GOPs next great thing in Illinois (the Dem bench is pretty crowded already).

    By the way, the FBI doesn’t have” Agents.” Everyone’s at least a “Special Agent.” Kind of takes some of the luster off.

    Comment by wordslinger Monday, Dec 15, 08 @ 1:14 pm

  29. My thought exactly wordslinger. And it was a chatty conversational exchange between Grant and Don/Roma.

    Comment by Bill Baar Monday, Dec 15, 08 @ 1:19 pm

  30. Melancton, I suppose there’s never a “good” time for a scandal to blow up in the face of a presidential administration, but with a potential second Great Depression on the horizon and God knows what kind of terrorist plots being hatched, this would REALLY not be a good time for that.

    If Fitz didn’t want it to go “too far” in the sense that it might compromise the authority of a newly elected president in a time of war and economic crisis, I can’t say that I blame him. (I believe he was one of the first FBI guys to have heard of Al Qaeda and he certainly knows what they are capable of.)

    Comment by Bookworm Monday, Dec 15, 08 @ 2:43 pm

  31. DOH had Fitz prepare the indictment of Osama Bin Laden. I think they trust his judgement.

    Comment by Leave a light on George Monday, Dec 15, 08 @ 3:50 pm

  32. DOJ. Sorry

    Comment by Leave a light on George Monday, Dec 15, 08 @ 3:51 pm

  33. Sorry. DOJ.

    Comment by Leave a light on George Monday, Dec 15, 08 @ 3:51 pm

  34. judith miller, who was the Libby funnel for the phony WMD info. and he almost put Matt Cooper in too, but relented after Rove let him out of his confidentiality agreement. on the flip side of anger against GFitz, there are some who still believe more people should have been indicted in Plamegate.

    Comment by Amy Monday, Dec 15, 08 @ 4:21 pm

  35. I think I worry about the FBI calling radio call-in shows regarding a pending case. This isn’t a public-opinion poll or a debate. I don’t know Grant, he may be a great guy and a great agent, but he and the US Attorney already got their sound bites, which also worries me. I’ll really worry if they start running 30 second commercials.

    Comment by steve schnorf Monday, Dec 15, 08 @ 5:57 pm

  36. Steve, I’m with you. The feds power is awesome –virtually unlimited resources, FBI, IRS, Postal Service. They’re not state’s attorneys. Decorum, if not smart law enforcement, should keep them off the airwaves.

    Grant will start running his 30 second spots when he starts running for office.

    Comment by wordslinger Monday, Dec 15, 08 @ 6:35 pm

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