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Blagojevich to Make Statement 3PM ET

Ed Gensen, Gov. Rod Blagojevich's lawyer, can't be happy that his client is going to make a public statement today, but it seems like Blagojevich is just itching to defend himself in the court of public opinion.

“I can’t wait to begin to tell my side of the story and to address you guys and, most importantly, the people of Illinois. That’s who I’m dying to talk to,” he said. “There’s a time and place for everything. That day will soon be here and you might know more about that today, maybe no later than tomorrow.”

No one will be listening more intently than the prosecutors in Fitzgerald's office.

As a general rule, defense lawyers hate it when their clients insist on talking to the media. Our prisons are filled with people who thought if they could only tell their side of the story, the cops would see it their way. It rarely happens.

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Jesse Jackson, Jr., Informant or Tattler?

Jesse Jackson, Jr. has been providing the U.S. Attorney's office in Chicago with information about alleged bribes by Rod Blagojevich and details of meetings for months. Some call him an informant. Jackson rejects the label.

I would ask this: If Jackson, Jr. went to the feds to report what he perceived to be a personal bribe by Blagojevich -- a scheme in which Jackson believed himself to be a victim -- is that informing or reporting a crime?

Ratting and snitching are done for personal benefit -- either money or rewards of leniency for one's own misdeeds or for promises to lay off family members. Reporting a crime you witness, without needing, asking for or receiving any personal gain in exchange for the information doesn't seem to fit the label.

Snitching and ratting are bad. I don't think any site attacks the practice of Government purchased testimony from informants, snitches and rats more than TalkLeft. But... [More...]

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Rezko Sentencing Postponed Indefinitely

Tony Rezko's sentencing was postponed indefinitely today. Looks like he's cooperating with the feds again.

A few weeks ago, Rezko, tired of being held in solitary at the detention facility, asked the judge for immediate sentencing. The judge complied and set sentencing for Jan. 6. Then, Gov. Rod Blagojevich got charged and Rezko changed his mind and asked the judge to pull the sentencing date. [More...]

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Ill. House Approves Blagojevich Impeachment Inquiry

Update: The impeachment effort stalled Tuesday. And, as I speculated below, Patrick Fitzgerald isn't happy about being asked to turn over documents pertaining to his ongoing indictments and investigation.

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By a vote of 113 to 0, the Illinois House has approved an impeachment proceeding against indicted Illinois Governor Rod Blagojevich.

But the House also held off on calls to strip the disgraced governor of his power to appoint Obama's successor, angering Republicans who accused Democrats of a power play aimed at protecting their dominance of state politics.

The House panel is expected to hold several weeks of hearings, scheduled to begin Tuesday, and has the power to issue subpoenas and compel witnesses to testify. The panel also will seek information from the U.S. attorney's office as well as information gained from other parts of the federal investigation, such as information arising from the conviction of top Blagojevich adviser and fundraiser Antoin "Tony" Rezko.

I imagine U.S. Attorney Patrick Fitzgerald won't be happy about turning over information obtained during his investigation. [More...]

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Contractor Mitchell Wade Gets 2.5 Years for Randy Cunningham Bribes


Defense Contractor Mitchell Wade was sentenced to two and a half years in federal prison today for paying almomst two million dollars in bribes to former Congressman Randolph "Duke" Cunningham. Cunningham is serving an eight year sentence.

Wade cooperated with prosecutors, providing evidence against Cunningham and others and pleaded guilty in exchange for a reduced sentence in his own case. [More...]

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How Strong is the Legal Case Against Blagojevich?

Attorney Maureen Martin makes the legal case for Gov. Rod Blagojevich in the Chicago Tribune today.

She says it's questionable whether a federal crime was committed and Fitz should have waited for the grand jury to indict before arresting him. She says this should be a state bribery case, brought in state court.

Food for thought. A few of her arguments are below:

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IL. AG Asks Court to Declare Blagojevich Unfit

Illinois Attorney General Lisa Madigan has asked the state supreme court to declare Gov. Rod Blagojevich unfit to serve.

The move came as the governor prayed with several ministers in his home before heading to his office, telling them he is innocent and will be vindicated "when you hear each chapter completely written," according to one of the pastors.

Madigan will hold a press conference on her motion today.

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Jesse Jackson, Sr. Denies Being Emissary for His Son

Jesse Jackson, Sr. today denied he was the "emmissary" named in the Blagojevich complaint.

He flew to Chicago today and is expected to be interviewed by the FBI tomorrow or Saturday. The critical conversation: [More...]

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Government Undecided on Whether Rezko Will Be a Trial Witness

The Judge overseeing the Tony Rezko case has granted his request for a quick sentencing date. He'll be sentenced January 6. As I wrote the other day, this says to me Rezko didn't get what he was hoping for from Fitzgerald for his cooperation. Fitz went out of his way in the Blagojevich complaint to mention numerous times that Rezko's information differed in key respects from that of other witnesses. That makes him less valuable as a witness.

The Chicago Tribune reports today that it's unclear whether the Government will call Rezko as a witness against Blagojevich. [More..]

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Siegelman's Best Argument?

These are not the words Don Siegelman's appellate lawyer wanted to hear during Tuesday's oral argument:

“I don’t think that’s going to be your best argument today,” Judge Edmondson said.

You never know the content of a judge's thought bubble, or whether the judge is speaking for any other member of the panel. Still, "that's not your best argument" doesn't usually permit the optimistic reading that Siegelman's lawyer hopes to give it.

“I think it’s absolutely ambiguous as to whether it means, ‘I’m not convinced,’ or, ‘You’ve already got me, don’t worry,’ ” [Sam] Heldman said afterward.

"I'm not convinced" would be the most benign interpretation of a phrase that is often taken to mean "You can't convince me." [more ...]

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ABC News: Jackson, Jr. is Candidate 5 in Blagojevich Complaint

Brian Ross of ABC News reports law enforcement sources have told him Jesse Jackson, Jr. is Senate Candidate # 5 in the Rod Blagojevich complaint.

Candidate 5 is significant to the story because the complaint alleges Blagojevich was taped saying #5's emissaries were willing to pay to play for the Senate Seat. What does Jackson, Jr. say? According to ABC,

Jackson Jr. said this morning he was contacted yesterday by federal prosecutors in Chicago who he said "asked me to come in and share with them my insights and thoughts about the selection process."

Jackson Jr. said "I don't know" when asked if he was Candidate #5, but said he was told "I am not a target of this investigation." Jackson Jr. said he agreed to talk with federal investigators "as quickly as possible" after he consults with a lawyer..... [He] denied that anyone had been authorized to make payments or promises to the Governor on his behalf.

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Some Advice for Gov. Blagojevich

Former Time Magazine Washington Bureau Chief Matt Cooper remembers his adventures with Patrick Fitzgerald in the Scooter Libby-Valerie Plame-Judith Miller case and has some advice for Gov. Blagojevich.

Shorter version: Suck it up, take a deal for under 7 years and go to a camp. Even though federal prison camps are no longer Club Feds, they beat the socks off being behind the walls at a real federal prison, which is what could happen if you go to trial and lose.

Cooper also has some (but not overdone) praise for Fitzgerald and a fairly good take on how it works. His funniest line:

And even if it was inclined to show any mercy, do you think Rahm would sit idly by? He took your seat in the House and you know him well. I don't have to tell you that you're better off dealing with the Crips and Bloods than with a pissed off Rahm.

My only nitpick: Matt takes a slam at drug dealers: [More...]

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