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*** UPDATED x1 *** 30 years to life?

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*** UPDATE *** From the US Attorney’s office…

“The government has not recommended a sentence publicly or privately, not withstanding news reports to the contrary. The government has submitted a calculation of the advisory sentencing guidelines, as it is required to do in all cases. The sentencing guideline formulas are established by the U.S. Sentencing Commission. The government submitted that calculation to the probation office as is standard practice and we will not comment on those calculations publicly.”

[ *** End Of Update *** ]

* Prosecutors say that Rod Blagojevich could get up to a life sentence in prison, according to Sun-Times sources

Federal prosecutors argue Rod Blagojevich could serve 30 years to life in prison, sources say — a sentencing range that will be bitterly disputed by the former governor’s defense lawyers. […]

The range put forth by prosecutors is not set in stone, and their calculations sometimes differ from the amount of time they actually recommend that a judge give a defendant. […]

Before former Gov. George Ryan was sentenced for corruption in 2006, the U.S. Probation Office recommended a range of eight to ten years in prison. Prosecutors did not publicly disclose a sentencing range, but they argued Ryan should not receive less than ten years in prison. He wound up getting 6 ½ years. […]

In the prosecution’s calculations, the government says Blagojevich faces more time because he took the witness stand and allegedly obstructed justice, sources said. As governor, he was also leader of an enterprise, they will argue.

Blagojevich is scheduled to be sentenced October 6th, but that could be moved back.

* React

Contacted by phone, Blagojevich’s attorney, Sheldon Sorosky, said a sentence that severe would be outrageous.

“The government’s recommendation is cruel and draconian. You would think he committed a murder or a rape,” he said.

Sorosky said his team will submit its own recommended sentencing guidlines that are much lower than 30 to life.

* While Soroski is probably right, keep in mind that defense lawyers and experts made these very same sorts of predictions about Bernie Madoff before he was given the maximum 150 years in prison

Experts agree he probably won’t be spending three decades in jail.

“Thirty to life is never a sentence I’ve heard of in the context of public corruption. If that is taken literally, it would be unprecedented,” said Patrick Collins, former federal prosecutor. […]

The man who prosecuted Blagojevich’s predecessor says the government always tried to send a message at sentencing.

“In the George Ryan case, for example, when we did our calculations, we came up with 12 or 13 or 14 years. The judge gave him 6 and a 1/2. Not to say that is the ratio that will hold here, but everybody should understand this is the starting point. The government will clearly be on the aggressive side,” said Collins.

* How this works

Both the defense and the prosecution make recommendations to the Probation Department, when it comes to a sentence.

The Probation Department, in turn, makes a recommendation to the judge. Judge Zagel considers everything from Blagojevich’s lack of financial gain… to his home life. Sentencing is scheduled for October 6th.

posted by Rich Miller
Thursday, Sep 15, 11 @ 6:09 am

Comments

  1. I think he has to serve more time than Ryan. Ten seems fair to me. But my guess is he’ll get 6, 6.5. Sorosky’s counter-proposal to the judge will be:

    “a stern admonition and parole”, hoping to meet somewhere in the middle.

    Comment by Gregor Samsa Thursday, Sep 15, 11 @ 7:14 am

  2. 30 yrs is a bit extreme. While I have no use for our ex gov, serving 2 to 7 works for me (no early release). I seriously believe the guy will suffer, mentally if nothing else, with a few years in. I don’t see a point in giving a prolonged sentence in this particular case.

    Comment by Cindy Lou Thursday, Sep 15, 11 @ 7:20 am

  3. Why should Rod’s sentence be longer than Ryan’s? Because you dislike him more? There was no henious crime here. Ryan has already served too long. Rod should get 1 1/2 to 3 years of light time.

    Comment by Bill Thursday, Sep 15, 11 @ 7:27 am

  4. Thirty years is a bit much…murderers get ten years with good behavior these days…ten years and out in six to eight is about right IMO…

    Comment by Loop Lady Thursday, Sep 15, 11 @ 7:31 am

  5. ===You would think he committed a murder or a rape===

    He raped Illinois in order to pillage it. He murdered a lot of people’s faith in government that was already hanging on by a thread (those that still had any faith anyway).

    Comment by Cornerfield Thursday, Sep 15, 11 @ 7:31 am

  6. ===Why should Rod’s sentence be longer than Ryan’s?===

    Unlike Ryan, Rod testified on his own behalf. Big mistake when it comes to sentencing.

    Comment by Rich Miller Thursday, Sep 15, 11 @ 7:36 am

  7. During his first campaign, blago promised to clean up the corruption that is endemic in state government. Instead, we got a pandering and inept idiot who took the pay to play politics to new blatant levels of gross enormity.

    Rather than work to heal the damage left over from the terrible effects of the George Ryan affairs, blago inflicted even harsher treatment to the people of Illinois. He went out of his way to defend his lying and devious manner as mere political puffery - Words that were not meant to be taken seriously by anybody who knew better.

    Does blago deserve 30 years to life? In my opinion, the longer he serves time in prison, the better. Particularly if he continues to deny any responsibility for his actions.

    Comment by Huh? Thursday, Sep 15, 11 @ 7:41 am

  8. =Why should Rod’s sentence be longer than Ryan’s?=

    It should be longer because Rod didn’t learn from George’s bad example.

    Comment by Leave a Light on George Thursday, Sep 15, 11 @ 7:43 am

  9. 12-15. Keep in mind he went on National TV Numerous times claiming his innocence. 30-life is just insane.

    Comment by He Makes Ryan Look Like a Saint Thursday, Sep 15, 11 @ 8:02 am

  10. 8 years. There’s no early release in the federal system, so Blago will do all 8 years.

    Comment by Damfunny Thursday, Sep 15, 11 @ 8:06 am

  11. 30 years to life is a silly proposal. it’s difficult to compare Rod to George since the reckless George Sec of State admin gave a license to a driver who wiped out a family. both of them are taking places of gangbangers who should go away for guns. Now that his wife is dead, let George out and put Rod in for 10 years.

    Comment by amalia Thursday, Sep 15, 11 @ 8:10 am

  12. With Illinois politicians, especially our Governors, being indicted and convicted, a strong message needs to be sent to the others, who are supposing to server the public. While I feel that the 30 to life is excessive, I do feel that seven to ten years would not be out of line. Sentencing is to be a deterrent to the ones who comment crimes and if they do not get that message, than the years served should be increase accordingly!

    Comment by South of I-80 Thursday, Sep 15, 11 @ 8:17 am

  13. –Now that his wife is dead, let George out and put Rod in for 10 years. –

    What concept of justice are you operating under there Amalia where you can make those connections and come to those conclusions?

    Who scares you more? Ryan, Blago, or Fitz with the full power of the FBI (no lying now) and the IRS? Who’s more dangerous to liberty?

    Comment by wordslinger Thursday, Sep 15, 11 @ 8:24 am

  14. === Why should Rod’s sentence be longer than Ryan’s? ===

    I agree Rod “didn’t learn from George’s bad example,” but Rod’s failing was far, far more egregious than that. Rod actually campaigned as the anti-George - elect him and he’ll make the government ethical again - and then, of course, he did exactly what George did yet he took that nefarious activity to the next level and the next level after that. Based on the evidence, Rod and his cronies were determined and focused from the very beginning to capitalize on their power and influence over state institutions to make money for themselves.

    Yes, Rod should do twice the time that George did. More importantly, they ought to cover every inch of Rod’s cell - walls, ceiling and floor - with mirror, so that Rod may never escape from the pathetic loser that is himself.

    Comment by Coach Thursday, Sep 15, 11 @ 8:30 am

  15. I’m setting the over / under at 12 years.

    Comment by Stones Thursday, Sep 15, 11 @ 8:57 am

  16. Just reading “30 years to life?” makes it an ‘up day’ for me!

    Blagojevich screwed over many, many people and wrecked their lives in countless ways. I personally witnessed this many times and hope he gets a harsh, harsh sentence. Up day will be an understatement. October 6 can’t come soon enough.

    Comment by Justice Thursday, Sep 15, 11 @ 9:06 am

  17. “But for his brother, Polyneices — who came back from exile, and sought to consume utterly with fire the city of his fathers and the shrines of his fathers’ gods, sought to taste of kindred blood, and to lead the remnant into slavery — touching this man, it hath been proclaimed to our people that none shall grace him with sepulture or lament, but leave him unburied, a corpse for birds and dogs to eat, a ghastly sight of shame.”
    – Creon, King of Thebes Antigone (Sophocles 227-236)

    Comment by MrJM Thursday, Sep 15, 11 @ 9:31 am

  18. Feds like to make crooks miserable and this probably is a downer for Rod. Give him a solid 10 years, judge. The next one gets 12, the next 14, etc. Sooner or later it just won’t pay to be a corrupt governor.

    But all seriousness aside, just reading “30 to life” basically makes it a up day for me.

    Comment by Joe from Joliet Thursday, Sep 15, 11 @ 9:36 am

  19. **He raped Illinois in order to pillage it. He murdered a lot of people’s faith in government that was already hanging on by a thread (those that still had any faith anyway).**

    Sigh… comparing what Blago did to rape and murder is absurd and offensive.

    Comment by dave Thursday, Sep 15, 11 @ 9:36 am

  20. How long was he governor? That’s how long he should serve in prison. Add a year for good measure.

    Comment by in absentia Thursday, Sep 15, 11 @ 9:39 am

  21. george stole money for himself, but by and large ran the government pretty well. rod stole for himself, but corrupted and did serious damage to the people who work in government, and the entire population, due to his mismanagement. he should serve 50% more time than george. then the next one gets that plus 50% more and so on.

    Comment by langhorne Thursday, Sep 15, 11 @ 9:45 am

  22. As detestable as it was, no one died from Blago’s corruption.

    Comment by reformer Thursday, Sep 15, 11 @ 9:55 am

  23. Check out the update. Read how many times the U.S. Attorney’s office refers to itself as “the government.”

    It is not “the government.” It is an office of the Executive branch, created by Congress, and supposedly with no more standing in front of the Judicial branch than any citizen. It is not elected and it does not “govern” anyone.

    You don’t want those guys in your rear-view.

    Comment by wordslinger Thursday, Sep 15, 11 @ 10:28 am

  24. Ryan’s court case was not tied directly to the death of anybody. Had it been tied to the Willis family horror I believe Ryan would be doing 10 times his sentence. As much as I feel Ryan was tied to that tragedy, the trial was not about that.

    Blago testified and lied on the stand as well as to the feds earlier. That is the sentence enhancer. 13 years - twice what Ryan is serving. That is a powerful message.

    Comment by dupage dan Thursday, Sep 15, 11 @ 10:36 am

  25. word,

    Not to put too fine a point on it - the case would read “The people of the United States of America VS Rod Blagojevich” The US attorneys represent the people, hence they represent the gov’t. Not enough of a distinction to matter much, tho.

    The last statement is true enough it makes one wonder why anyone would chance it. Even the word chutzpah fails to encircle the concept.

    Comment by dupage dan Thursday, Sep 15, 11 @ 10:40 am

  26. Looks like the Sun-Times headline writers couldn’t resist. The update makes sense.

    Still, Rod better get his affairs in order. He will be going away for a long time. He poked the hornet’s nest and now he’s going to be stung.

    Comment by 47th Ward Thursday, Sep 15, 11 @ 10:45 am

  27. Setting the bar, from one week ago:

    Disgraced former Chicago cop Jerome Finnigan was sentenced to 12 years in federal prison Thursday for a murder-for-hire plot targeting a fellow officer — a crime prosecutors said could only be described as “horrendous.”

    More:

    Earlier this year, Finnigan pleaded guilty to ordering the hit on another officer and a tax charge.

    “It doesn’t get any more serious than that” is how U.S. Attorney Patrick Fitzgerald once described the crime of a police officer trying to arrange a murder.

    Finnigan has admitted to a role in five robberies in 2004 and 2005. His crew stole at least $600,000 and his cut was more than $200,000, prosecutors say.

    Another officer, Keith Herrera, secretly recorded Finnigan discussing plans to hire someone to kill an unidentified officer who might cooperate in the federal investigation of the robbery crew.

    The kicker:

    Finnigan has already been in jail for four years. If he gets time off for good behavior, he could be out of prison by 2018 or 2019.

    Let’s keep some perspective here.

    Comment by The Captain Thursday, Sep 15, 11 @ 11:07 am

  28. The U.S. has gone hog wild thinking that longer sentences are somehow more retributive. Most psychological studies demonstrate that not to be the case and that the actually punishment occurs in the early years followed by adaptation to the situation. After that, it is just warehousing. George’s sentence is absurdly long for a non-violent crime; 30 to life or even 10 years is equally ridiculous for Blago. U.S. has the biggest prison population in the free world and it has not made U.S. less corrupt, more safe or more moral because we do nothing to rehabilitate. Blago will be Blago no matter how long he is jailed.

    Comment by D.P. Gumby Thursday, Sep 15, 11 @ 11:50 am

  29. 6 yrs w/gag order, 15 years w/o … no explanation required

    Comment by Retired Non-Union Guy Thursday, Sep 15, 11 @ 1:03 pm

  30. No way is this going to happen. He’ll get 10, 15 years at the most.

    I don’t believe Blago is in the same league as Bernie Madoff because Madoff’s schemes caused direct, measurable harm to numerous individuals who lost everything they had, whereas the harm Blago caused to the State, though real, is hard to quantify. After all, he wasn’t tried or convicted for running the State’s budget into the ground, so that isn’t going to be a factor.

    Comment by Secret Square Thursday, Sep 15, 11 @ 1:11 pm

  31. The most just thing would be to sentence him to some lifetime public service, rather than prison. As long as he has no authority over others, or access to significant resources, he is probably no danger to anybody. But I have a particular view of the purpose of the justice system. I do not think the purpose should be to punish, but rather to protect society, and sentences should be designed with that in mind.

    Comment by jake Thursday, Sep 15, 11 @ 2:06 pm

  32. Whether people like it or not, I believe the Madoff sentencing is the new quasi-template for sentencing for such crimes. I added “quasi” because not every public or financial figure is going to get put away for two lifetimes. Though people were not physically harmed by Bernie Madoff, he ruined people’s lives and caused many people undue hardship. The misuse of people’s finances and the ruination of voters’/citizens’ trust by public officials are serious crimes and the punishment should not be steeply reduced because no physical acts were committed. Rod was convicted of numerous crimes and he lied to federal investigators. I don’t think he will get life but he may very well not be released until his youngest daughter has kids of her own. Like I wish would’ve happened with the Enron crimes and did happen with Bernie Madoff, now is the time for the feds to prove a point.

    Comment by Team Sleep Thursday, Sep 15, 11 @ 2:08 pm

  33. A family perished as a result of Ryan’s SoS schemes…’nuff said.

    Comment by nothin's easy Thursday, Sep 15, 11 @ 2:11 pm

  34. “As detestable as it was, no one died from Blago’s corruption.”

    That we know about…..

    Comment by Huh? Thursday, Sep 15, 11 @ 3:20 pm

  35. He wrecked many more lives in other ways. 20 years minimum!

    Comment by Macoupin Observer Thursday, Sep 15, 11 @ 8:40 pm

  36. Blago’s behavior before and during both trials was so outrageous–he was clearly trying to taint the jury pool and embarrass the prosecutors and the court, and I don’t recall Ryan doing anything like that.

    30 would be an awful lot, but less than 10 won’t do, either. I suggest somewhere between 10 and 15, and feel I’m erring on the side of mercy.

    Comment by Marty Friday, Sep 16, 11 @ 4:25 am

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