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* Judge Zagel is being pretty darned stern…
Objection after objection, lawyers for Rod Blagojevich took a beating in court Monday. The judge ended the day with a stern warning: If the ex-governor’s team wanted to continue to ask improper questions, they will be sidelined.
Aaron Goldstein tried and tried, over and over, to ask questions of Monday’s witnesses John Harris and later Tom Balanoff, a union head. Almost every question was met with an objection –over 150 tallied for the day.
Over 150 objections sustained during one day? Wow.
Essentially what is happening here is Rod Blagojevich’s lawyer is attempting to put on a defense during cross-examination of the prosecution’s witness. He’s supposed to do that when he presents his own case. But, as you’ll recall, Blagojevich rested without presenting its side during the first trial. Judge Zagel is making sure that the defendant can’t backdoor his defense this time around. He’s also cracking down on deviations from his orders about using the “advice of counsel” defense - that the former governor checked with his lawyers before making decisions.
* Oof…
“I will sit you down,” he warned Blagojevich lawyer Aaron Goldstein, accusing him of violating court orders not to raise the argument that Blagojevich shouldn’t be found guilty because his advisers — most of them attorneys — never warned him that his actions might be illegal.
The judge said he thought Goldstein’s questioning of two witnesses had approached that forbidden area, particularly when the attorney asked one whether he had called authorities after a talk with Blagojevich about naming someone to the U.S. Senate seat vacated by Barack Obama in 2008. […]
Zagel lectured Goldstein in front of the jury for asking Harris too often about his awareness of things and not what he had seen and heard himself.
“This is not a man on the street being asked if he is aware if there are American troops in Pakistan,” the judge said.
More…
Zagel sustained a long series of government objections.
Did Illinois House Speaker Mike Madigan pose a big roadblock? Objection. Sustained.
Was it difficult for the governor to get any legislation through the House? Objection. Sustained.
Did Harris know the governor wasn’t getting a lot of bills passed? Objection. Sustained
“Don’t go there,” Zagel warned at one point.
More objections…
And, several times, Goldstein suggested that, whatever other deals were being discussed on tape, Blagojevich was really intent on being a US Senator himself: “You understood, at this point, the governor wanted to appoint himself?” Four times, Goldstein asked a variation on that question. Objection. Objection. Objection. Objection. All were sustained, Zagel warning at one point, “I don’t want an argument disguised as a question.”
But if some questions seemed strategic, many others were barred because Goldstein simply couldn’t word them right. Three times, he tried to ask a question about a call Harris received from political publicist Marilyn Katz, in which she urged the then-governor to appoint Valerie Jarrett to the Senate.
Three times, the government objected to the wording of Goldstein’s queries. The defense lawyer actually apologized at one point, as he struggled to find an acceptable re-wording, but eventually gave up on the question.
Still more objections…
Prosecutor Reid Schar asked Balanoff to walk the court through a series of conversations and meetings he had with Blagojevich regarding the possible appointees to the senate post, including Jarrett, and what he wanted in exchange. […]
Goldstein then pressed Balanoff about how he responded.
“After this meeting did you call the authorities?”
Zagel told Goldstein that the defense can’t build on the proposition that because Balanoff didn’t go to the authorities after meetings he had with Blagojevich that “no crime had been committed.”
* And it all resulted in crocodile tears…
With her defendant husband at her side, a visibly angry Patti Blagojevich stepped up to the microphone after court to decry what she called “a deliberate attempt to hide the truth” after U.S. District Judge James Zagel spent much of the day blocking witnesses from answering many of the defense lawyers’ questions. Zagel said the questions were improper and were a way for Blagojevich’s lawyers to back-door an improper defense, in violation of his previous orders.
“I almost want to cry,” Patti Blagojevich said after court. “I’m no lawyer, but I thought the whole idea of this was to get the truth to come out, and that’s clearly not what’s happening here.”
posted by Rich Miller
Tuesday, May 10, 11 @ 7:45 am
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Judge Zagel is beginning to sound like and rule like Judge Elmer Hoffman in the Chicago Seven trial. A real or imagined dislike for Blagojevich is beginning to show through. Dangerous.
Comment by The Foz Tuesday, May 10, 11 @ 7:55 am
The Chicago 7 trial? C’mon. That’s a bit much.
Comment by Rich Miller Tuesday, May 10, 11 @ 7:56 am
Well for one thing I don’t think there is duct tape (or any tape) that could seal Rod’s mouth.
Comment by OneMan Tuesday, May 10, 11 @ 8:02 am
Poor Rod. Man you people have to remember the disaster he laid on this state. His defense is just like his administration was, the rules don’t apply to him and if you get try to make him he’ll claim he’s being persecuted.
Now I’m back to wanting them to charge Patti when this trial is over. She’s worse than him.
Comment by Stooges Tuesday, May 10, 11 @ 8:14 am
As much as I hate to admit it, I kind of agree with Patti here. The whole point of a court is that the truth is supposed to come out. Without pre-judging whose version of reality is truth, I would like to see what Blago’s defense has to say.
Comment by Sonic Infidel Tuesday, May 10, 11 @ 8:19 am
Rod should just cut a deal. I also agree that they should go after Patty.
Comment by Palatine Tuesday, May 10, 11 @ 8:19 am
===I would like to see what Blago’s defense has to say. ===
Then he should, you know, put on a freaking defense like he’s supposed to, instead of violating rules and orders. Sheesh.
Comment by Rich Miller Tuesday, May 10, 11 @ 8:22 am
I know Blago for many years before he was anything. He’s not a honest man.
Comment by Anonymous Tuesday, May 10, 11 @ 8:30 am
===Then he should, you know, put on a freaking defense like he’s supposed to, instead of violating rules and orders. Sheesh. ===
I think his attorneys are trying to do the best they can with what they’re given, but their only avenue is these diversions and sideshows.
Comment by Sonic Infidel Tuesday, May 10, 11 @ 8:36 am
It sounds like Patti is in serious denial.
Comment by Springfield Skeptic Tuesday, May 10, 11 @ 8:36 am
Does anyone feel (as I do) that this time around, Rod’s trial isn’t receiving even one-tenth of the attention it did the first time around?
Comment by Cincinnatus Tuesday, May 10, 11 @ 8:41 am
Cincinnatus, news is supposed to be “new.” This ain’t new.
Comment by Rich Miller Tuesday, May 10, 11 @ 8:43 am
- Rich Miller - Tuesday, May 10, 11 @ 8:43 am:
“This ain’t new.”
By that standard, I’m surprised we hear anything about the political scene in Chicago, specifically, and Illinois in general. Heck, would CapFax even exist?
;-{)>
Comment by Cincinnatus Tuesday, May 10, 11 @ 8:47 am
The hand picked judge is part of the railroad. Rod’s toast unless one juror does the right thing.
Comment by Bill Tuesday, May 10, 11 @ 8:48 am
wasn’t judge Julius Hoffman not ELmer?
Why are they being so mean to PrincessPatti and Blagoof? Maybe the DOJsters need to drop the case, indict the Princess and send off to the joint. Then Blagoof can pull a Fawell , lie and plead and all would be right with the world
Comment by CircularFiringSquad Tuesday, May 10, 11 @ 9:20 am
Bill. I can always count on you. Don’t ever change.
Comment by John A Logan Tuesday, May 10, 11 @ 9:26 am
I think most judges approach a case with an open mind until one side gives him/her a reason to put the hammer down. In this case there are orders limiting what can be discussed, and the judge is rightfully pounding them when they continually try to cross the line.
The sad part is that Blago’s whole game is to give the appearance that he is persecuted, so they will force the Feds to repeatedly object so it looks like he’s being picked on. Most jurors see through this, but all they need is another lone hold-out.
Comment by Stooges Tuesday, May 10, 11 @ 9:37 am
–Judge Zagel is beginning to sound like and rule like Judge Elmer Hoffman in the Chicago Seven trial.–
Elmer? I think he’s hunting wabbits. Julius Hoffman, dude.
What’s the game plan here? Try to show that the judge favors the prosecution and get a mistrial?
Zagel’s so honked it might work with a juror or two. But I hope they’re not counting on Posner and the Court of Appeals.
Comment by wordslinger Tuesday, May 10, 11 @ 9:38 am
Hoffman did kinda look like Elmer Fudd. I can understand the mistake. As for Zagel, watch for him to pop a cork when the jury hangs again. He’s making it worse for Fitzie’s boys by obviously trying to hide the real truth. What’s he afraid of?
Comment by Bill Tuesday, May 10, 11 @ 9:47 am
It would be pretty funny if Zagel bound and gagged Goldstein. Maybe Rod would take over the cross.
Comment by Bill Tuesday, May 10, 11 @ 9:49 am
Bill, make sure you get added to the visitor’s list so you can see your boy in the slammer.
Comment by Stooges Tuesday, May 10, 11 @ 10:00 am
It does sound like Zagel is getting close to potential reversible error in his treatment of the defense in front of the jury. Further, the prosecution is up to its old tricks of wanting to restrict everything to only what they want regardless of what areas they open on their direct exam. This is a dangerous game when the nature of the “crimes” are so amorphous. We know it only takes one to hang the jury cuz they think it was all too unfair. The objections may be sustained, but the jury still hears the question.
Comment by D.P. Gumby Tuesday, May 10, 11 @ 10:03 am
Bill,
It’s nice to see the kool-aid hasn’t worn off yet.
Comment by Demoralized Tuesday, May 10, 11 @ 10:46 am
The objections ARE part of the defense. Many people laughed and cringed when Rod flapped his gums on every TV channel imaginable. When Ed Genson got off the case, people thought it was over and Rod was an idiot who couldn’t be controlled by the Adam team. And yet, their strategy rested, in part, on tainting the jury pool so they would have at least one or more jurors who thought he was getting a raw deal, etc. He put on his defense before the trial and some juror did buy it.
He’s doing it again. All the objections (sustained too) are an attempt to persuade some juror that he isn’t getting a fair deal, they are fixing the case to get him…blah blah blah. It worked last time and I won’t be surprised if it happens again.
Comment by Edison Parker Tuesday, May 10, 11 @ 12:18 pm
Judge Zagel is very far from reversible error. There’s no right to put on a nullifcation defense (or any other variation of the Chewbacca Defense), which is what Rod is doing. If anything, Judge Zagel has been too tolerant, both last time and this time.
Orders of contempt against defense counsel would be justified for the repeated questioning in direct violations of court orders. Judge Zagel hasn’t wanted to go there, but there is a strong argument that he should have last time, and should now.
Comment by Anonymous Tuesday, May 10, 11 @ 12:27 pm
Yeah, right. Zagel must have skipped the Harvard class about the right to confront your accuser. I hope he does hold defense counsel in contempt. It will help with the jury. This guy was a hack for 20 years before finally getting appointed. He hasn’t changed. His background and bias are obvious today.
Comment by Bill Tuesday, May 10, 11 @ 12:35 pm
Bill.
The right of confrontation doesn’t include the following:
“Why would a Wookiee, an 8-foot-tall Wookiee, want to live on Endor, with a bunch of 2-foot-tall Ewoks? That does not make sense! But more important, you have to ask yourself: What does this have to do with this case? Nothing. Ladies and gentlemen, it has nothing to do with this case! It does not make sense! Look at me. I’m a lawyer defending a major record company, and I’m talkin’ about Chewbacca! Does that make sense? Ladies and gentlemen, I am not making any sense! None of this makes sense! And so you have to remember, when you’re in that jury room deliberatin’ and conjugatin’ the Emancipation Proclamation, does it make sense? No! Ladies and gentlemen of this supposed jury, it does not make sense! If Chewbacca lives on Endor, you must acquit! The defense rests.”
And it doesn’t include whether Blago did good things as governor, or whether Blago, a supposed lawyer, was warned by John Harris that attempted extortion is illegal.
Comment by Anonymous Tuesday, May 10, 11 @ 12:54 pm
If Zagel’s a hack…. What’s your claim to fame Bill? Your good at stirring the pot.
As far as an educated comment you endlessly ramble just like Rod and Patti. How many times have you been to the Blagojevich’s home to console them the last few years?
Comment by Rubicon Tuesday, May 10, 11 @ 12:56 pm
Bill, I enjoy the comic relief but really, seriously, you cannot believe what you are saying. Right? Or wait, are you really a half-brother hoping for a chance reuniting with Rod on a Hawaii beach?
Comment by Mongo Tuesday, May 10, 11 @ 2:34 pm
Bill is like little child looking for attention.
Some people bite on his antics and most simply ingnore him.
Comment by Next please Tuesday, May 10, 11 @ 3:53 pm
Time for Zagel to stand up to these lawyers. He can’t just keep admonishing them, they’ll take the advantage of looking bullied by the judge in the jury’s eyes. He also should gag Blago and his wife, if they want to communicate to jury members, do it from the stand.
Comment by Wensicia Tuesday, May 10, 11 @ 4:22 pm
Wonder When they will call rest of the group still working for the state likr Lavin
Comment by Fed up Tuesday, May 10, 11 @ 5:29 pm
Rich, I really miss the special separate drop-down menu of all the Blago resources in one place, the way you did it during the first trial. That was super-handy.
Comment by Gregor Tuesday, May 10, 11 @ 6:09 pm
Rod’s going plead guilty in a couple of weeks to save his wife and children. He’s going to make deal to get 15 years instead of 30 years. So when he gets out he’ll be 69 instead of 84. So he can run for President.
Comment by Pauly Tuesday, May 10, 11 @ 6:59 pm
President of what, The Funny Company? The Gigglesnort Hotel?
I will predict a guilty verdict on at least 2/3 of the charges, with a final sentence of about 12 years after factoring out good behavior, but first… desperate and hyperbole-filled appeals filed on top of appeals, followed by requests for executive clemency… anything to delay the inevitable. But the fact is, he’s going to lose those appeals and those poor daughters are going to grow up thru their most critical years without the presence of their dad, and with a name that will haunt them thru their adolescence. Rod (and Patti for that matter) may not yet realize the horror of what has been done to the girls’ lives.
But he’ll have time to contemplate it.
Comment by Gregor Tuesday, May 10, 11 @ 9:39 pm
As Sneed sez “ooops”. My age is showing. Yeh Julius Hoffman not to be confused with late Federal Judge Julius “The Just” MIner. Zagel still thinks he works for the U.S. Attorney’s office.
Comment by The Foz Wednesday, May 11, 11 @ 7:33 am