Fitzgerald Makes His Move for More Time; Blago Agrees!

/78 Comments/in , , /by

images5.thumbnail.jpegJust a few hours ago Marcy hypothesized on Illinois Governor Rod Blagojevich’s next move. Well, he has made the move. In a pleading just filed and encaptioned: GOVERNMENT’S UNOPPOSED FIRST MOTION FOR AN EXTENSION OF TIME TO RETURN INDICTMENT PURSUANT TO 18 U.S.C. § 3161(h), Fitgerald relates:

The UNITED STATES OF AMERICA, by its attorney, PATRICK J. FITZGERALD, United States Attorney for the Northern District of Illinois, respectfully moves this Court, pursuant to 18 U.S.C. § 3161(h)(8), for a 90-day extension of time, to and including April 7, 2009, in which to seek the return of an indictment against the defendant…

As Marcy thought, the real meat of the motion is sealed, but the operative language that is public is as follows:

A number of factors have led to the government’s request for an extension and the length of the extension being sought. One factor that affects the length of the requested extension is that federal holidays have limited the dates and times that the government will be able to present evidence to the Grand Jury. The federal grand juries are not sitting during the week of December 22nd (Christmas week) or the week of December 29th (New Years Day week). The remaining factors that have led to the government’s request for an extension are stated in the Attachment hereto, which the government respectfully requests be placed under seal. The government is requesting that this Attachment be sealed so as not to compromise its ongoing investigation and so as not to reveal matters occurring before the Grand Jury.

But the Key language that I think any lawyer would find fascinating here is at the very end of the document:

Following telephone calls and/or meetings over the past week, counsel for both Blagojevich and Harris have represented that they do not object to this motion. (emphasis added)

As Marcy noted, this is in the face of the Senate Democrats trying to make the legally touchy case that they can avoid seating Burris and adds to the pressure on the legislative impeachment committee.

So why did Fitzgerald do it? Easy, he needs more time to get all the evidence, especially the most recently acquired material (which is still coming in on the Senate seat portion of the case) organized to his meticulous satisfaction.

The much better question is why the defendants both agreed to the delay with no opposition Read more →

Blagojevich’s Next Move

/37 Comments/in /by

It’s probably not a good thing for a potentially-tainted politically appointee–in this case, former IL AG Roland Burris, the guy whom Blagojevich appointed to replace Obama–to be engaging in discussions of precisely what kind of tool he is on the same day he’s appointed.

"I am not a tool of the governor. I’m a tool of the people of Illinois," Burris told the Tribune Tuesday evening. "If I was worried about the taint [of Blagojevich], I would never have accepted that. I don’t have any taint from Gov. Blagojevich."

As you’ve no doubt gathered, Blago’s move to name Burris as Obama’s replacement puts a lot of pressure on Senate Democrats to refuse to seat Burris (here’s the always-interesting John Kass on the race politics involved).

But it also puts more pressure on Fitzgerald to come forward with his case in the near future.

Remember that Fitz has 30 days to indict Blagojevich, or until January 6. He could, if he needed to, ask for an extension (in which case we’d only see the request but not the justification for it, which would probably remain sealed). But with this latest move from Blago, if Fitz does so, it will be against the background of Senate Democrats trying to make the legally touchy case that they can avoid seating Blago’s choice. If nothing else, Blagojevich’s move yesterday may have been an attempt to try to get Fitzgerald–for the second time–to reveal his cards before he otherwise intended to.

And, of course, it adds to the pressure on the legislative impeachment committee. While the committee wrestles to decide how legalistic they want to get with their inquiry, Blago is making very public moves to establish that he retains the full power of governor. While from my limited review, it looks like few are backing Blago’s move, this does give Blago some momentum in the face of the committee’s deliberation. 

One more detail. Remember that Blago’s defense attorney, said, two weeks ago, Blago would not appoint anyone. Yet even a week ago, Blago was offering the seat to Danny Davis.

Yet Burris was the second of two post-arrest finalists for Blagojevich when the governor offered him the job Sunday night. U.S. Rep. Danny Davis, a black congressman from the West Side, said he was offered the post by a Blagojevich representative a week ago and told the governor’s office Friday he declined the offer.

Read more →

Turnabout Would Be Fair Play: US Seeks 147 Year Torture Sentence

/15 Comments/in , , , /by

This report from MSNBC is almost sublimely ironic:

U.S. prosecutors want a Miami judge to sentence the son of former Liberian President Charles Taylor to 147 years in prison for torturing people when he was chief of a brutal paramilitary unit during his father’s reign.
…
A recent Justice Department court filing describes torture — which the U.S. has been accused of in the war on terror — as a "flagrant and pernicious abuse of power and authority" that warrants severe punishment of Taylor.

"It undermines respect for and trust in authority, government and a rule of law," wrote Assistant U.S. Attorney Caroline Heck Miller in last week’s filing. "The gravity of the offense of torture is beyond dispute."
…
Elise Keppler, senior counsel at Human Rights Watch, said Monday that the organization has long pressed for investigations and prosecution of those responsible for torture around the world. The Emmanuel conviction is a big step forward, she said.

"This whole process has sent a message that when it comes to the most serious crimes, there cannot be impunity," Keppler said. "Without a penalty that fits the gravity of the crime, it risks sending a message that these crimes will be tolerated."

Huh. Go figure. I wonder who will prosecute the the denizens of the Bush Administration for the same acts?

Fitzgerald: You Can’t Have Witnesses, But You Can Have 4 Conversations

/121 Comments/in /by

I’m about to open Christmas presents, so I’ll have to put off any real comment on the news that Fitz is doing the legal work to release a very select group of intercepts to the Blagojevich impeachment committee. From his filing, it looks like he’s willing to release just four conversations.

After careful deliberation, the government applies for authorization to disclose a limited number of intercepted communications in redacted form. Although many relevant communications were intercepted, the government believes that, on balance, it is appropriate to seek the disclosure of four intercepted calls, in redacted form, to the Committee, and that disclosure of the calls by themselves would not interfere with the ongoing criminal investigation. These calls bear on a discrete episode of criminal conduct alleged in the complaint affidavit, specifically at Paragraph 68(e), and the calls are evidence of a criminal offense that the government was authorized to monitor under the wiretap order. Under separate cover and under seal, the government provides to this Court for its ex parte, in camera review, both a set of the full audio recordings of these four calls (Exhibit 3) and a set of proposed redacted recordings (Exhibit 4) omitting portions of the conversations not material to the episode described in Paragraph 68(e) of the complaint affidavit. 

It will not surprise you in the least that Paragraph 68(e) is one of the least sexy in the entire complaint.

Also during this call, ROD BLAGOJEVICH and Fundraiser A spoke about efforts to raise funds from two other individuals before the end of the year. Fundraiser A advised ROD BLAGOJEVICH that with respect to one of these individuals, Contributor 1, Lobbyist 1 had informed Fundraiser A that Contributor 1 was “good for it” but that Lobbyist 1 was “going to talk with you (ROD BLAGOJEVICH) about some sensitivities legislatively, tonight when he sees you, with regard to timing of all of this.” ROD BLAGOJEVICH asked, “Right, before the end of the year though, right?” Fundraiser A responded affirmatively. Later in the conversation, ROD BLAGOJEVICH stated that he knows Lobbyist 1 is “down there (Springfield, Illinois)” with Contributor 1 “pushing a bill.” In a series of calls since that time, it became clear that the bill Lobbyist 1 is interested in is in the Office of the Governor awaiting ROD BLAGOJEVICH’s signature. Read more →

The Squabble over Subpoenas in Springfield

/69 Comments/in /by

When Blagojevich’s lawyer threatened to subpoena Rahm Emanuel and Valerie Jarrett last week, it made a lot of sense. By causing the Obama team ongoing distraction, it would have allowed Blago to exact a price from Illinois Democrats aiming to oust him. And it would allow Blago’s lawyer, Edward Genson, to see some of the evidence not shown in Obama’s selective report last week (for example, the content of other conversations between Valerie Jarrett and Tom Balanoff, one of which may be referenced in the complaint yet unmentioned in the Obama report).

Sadly for Blago, though, he’s going to be unable to force Rahm and Jarrett to testify. Fitz sent the legislative committee a letter requesting that Rahm, Jarrett, Jesse Jackson Jr., and Nils Larsen (the Financial Advisor advising Sam Zell on the Wrigley Field stuff) not be subpoenaed.

You have inquired whether prospective testimony by Valerie Jarrett, Congressman Jesse Jackson, Jr., Congressman Rahm Emanuel, and Nils Larsen before the Special Investigative Committee would interfere with the ongoing criminal investigation into the activities of Governor Rod Blagojevich and others. Our understanding is that counsel for Governor Blagojevich has asked the Committee to issue subpoenas requiring the testimony of those individuals on Monday, December 29, 2008.

Consistent with our letter of December 22, 2008, we believe that testimony before your Committee by any witness, including the four named above, concerning the subject matter of the ongoing criminal investigation, could significantly compromise that investigation. The impact of such testimony on the criminal investigation would be the same regardless of whether a witness is called by the Committee or by Governor Blagojevich. Accordingly, we ask that the Committee refrain from issuing subpoenas for testimony by those four individuals (or others) which would overlap with the subject matter of the pending criminal investigation.

The committee has made it clear it will comply with Fitz’s request. 

Now, I think it would be a mistake to read too much into Fitz’s request. After all, he’s unlikely to want to pick and choose (for example, if he said "you can subpoena JJJ but not Larsen"), as that selection, by itself, would signal which witnesses he wanted to withhold.  And Fitz is notoriously reluctant to show his cards before his time. 

Also note Fitz’s wording. This was misrepresented in some of the coverage of this, suggesting that Fitz had asked the committee not to subpoena those "mentioned" in the complaint; Read more →

Trash Talk – Getaway Week

/131 Comments/in , , /by

The Phoenix Suns once, thrice actually, had a coach named Cotton Fitzsimmons. A wonderful man, and a great coach (10th winningest coach in NBA history actually). Cotton was a diminutive man with outsized character; he may be one of the only men in history that could consistently put Charles Barkley in his place, and it was with such charm that Chuck loved him like a father. Anyway, Cotton had this theory that it was always important to win "getaway games". And Cotton defined getaway games as the last home game before a big road trip or the last game before the playoffs. He always wanted to roll into tough situations on a positive note. Smart man.

Well, this is the last week of the regular season in the National Favre League, and for those teams headed to the playoffs, or trying desperately to get into the playoffs, we got some getaway games. Eli, Coughlin and the Giants showed what it meant last year to play hard on a getaway game in the last week, even when you are already in the playoffs and it won’t affect your seeding. Even though they lost to the Patriots, they played their hearts out and left every ounce on the field. What they gained from that effort propelled them all the way to the Lombardi Trophy. Oh, and don’t miss today’s video, it is some excellent getaway music.

Fish at Jets and Pats at Bison: Let’s be honest, this is all one big game, and it is going to be for all the marbles. If the Dolphins win, they win the East and they are in the playoffs; if they lose and the Bills beat the Pats, the Jets are in. If the Jets win and the Pats win, the Pats are the East champs. Even if the Dolphins win, the Pats can get in as a wildcard if the Ravens lose to Jacksonville. The Jets get in as a wildcard if they win and the Pats beat Buffalo, so long as the Ravens lose. I really, and I mean really, hate to say this, but I think the Dolphins will beat the Jets, the Pats will beat the Bills, and the Ravens, being the home team, will beat the Jags. This, sadly, means that Brett, the Jets and the Pats all go home. Totally sucks, but that is Read more →

Hot Rails To Hades

/93 Comments/in /by

metrolightrail_0preview.thumbnail.jpgIt has been quite the rage on teh progressive internets to discuss trans, trains and super trains. Atrios is the King of all Train Media. Yglesias has climbed on board, and now even a dyed in the wool California suburban guy like Kevin Drum is jawing about them, although he seems to have differing views on short haul commuter (for) than long haul passenger (against for financial reasons).

Well, this is most certainly not an area I have any expertise in, so I call on you, the smartest commentariat available, to edify me. And, this is important, because I just got a brand new choo choo.

A dress rehearsal for the new Metro light-rail system went smoothly Friday as trains packed with VIPs and special guests rolled out of Tempe for Phoenix and Mesa.

A couple hundred people trooped into the chilly plaza of the Tempe Transportation Center before dawn to be among the first to ride the $1.4 billion system. Metro has been making test runs with the trains and the Friday event for invited guests was a warm-up for Saturday, when the public is welcomed on board.
…
Tempe Mayor Hugh Hallman said the rail system not only would help reduce congestion and bad air but also contribute to "cultural sustainability," helping cities preserve resources.

"We have to thank the taxpayers who sponsored this investment," he said.

Metro runs from the Christown Spectrum Mall area in Phoenix through downtown Tempe into west Mesa.

They have been planning, researching, constructing and developing the Valley Metro Light Rail for twelve years, and talking about it since the mid 80s. And now it is ready to roll. In fact, I saw the VIP run earlier today as I went to Sky Harbor airport to pick up a friend. Definitely very shiny. I am, however, not quite sure what to make of it.

Here is a good overview of the whole Valley Metro Rail System.

Phoenix and the greater "Valley of the Sun" is the very definition of urban and suburban sprawl. And it is very automobile centric; if you don’t have a car, you can’t get around. I have no idea what it would be like to ride a bus here, but my guess is not very pleasant or convenient. So, I have some questions.

1) Being so car ingrained, will people really ride this thing in numbers great enough to make it worthwhile?

2) Will it work in light of the fact that things are so spread out?  Read more →

Happy Holidays And Thanks!

/33 Comments/in , /by

HAPPY HOLIDAYS to one and all. And my thanks to the greatest readers and commenters on teh internets! You folks are awesome, and none of it works without you. And thanks, most of all, to Marcy for the tireless and incredible work she does, and for letting me hang around and be part of the fun and excitement.

We had a wonderful Christmas Eve dinner at Casa de bmaz and then retired to watch Bing Crosby and Fred Astaire in Holiday Inn. For those not aware, Holiday Inn is the movie the Irving Berlin classic song White Christmas actually comes from, not the later movie with the title "White Christmas".

Well, Santa has just now completed his night’s work and, later in the morning, it will be present time. Here’s wishing you and yours all the very best.

It’s the Holidays! How about a little more music? Well alright then, away we go!

We Are All Banks Now

/22 Comments/in /by

GMAC wins bank status–gains access to TARP.

Optimistic emptywheel:

One of the critical problems in the auto industry is the absence of credit (I’ve heard folks under 750 can’t get a car loan, for example).  By making GMAC a bank, you relieve one of the biggest problems in the sickest parts of the auto industry, and thereby stimulate one of the key segments of the economy, and you begin to get to get money the economy moving again.

Pessimistic emptywheel:

Dan Quayle and John Snow have an (increasingly limited) ability to suck at the federal teat to make their private profit.

The small print:

GM must now reduce its stake in the auto lender below 10 percent, from 49 percent. GM has three years to sell the rest of its shares, which in the interim will be placed in a trust that the company does not control. The automaker and GMAC also agreed to unwind a number of exclusive agreements, freeing GMAC to offer financing on equal terms to customers of other car companies.

Cerberus and its chief, Steve Feinberg, must reduce their stake below 15 percent, from 51 percent. The private equity fund plans to distribute its GMAC shares proportionally among its investors.

Shorter Blagojevich:

/11 Comments/in /by

"If I have to face impeachment, then the self-imagined future Speaker of the House ought to be forced to testify, too."

In a dramatic development in the ongoing impeachment proceedings, lawyers for Gov. Rod Blagojevich want two key aides to President-elect Barack Obama and U.S. Rep. Jesse Jackson Jr. to testify before the House impeachment committee.

Sources tell CBS 2 that a letter sent by Blagojevich’s lawyers  to committee chairman, State Rep. Barbara Currie, asks that the committee subpoena Obama’s chief of staff Rahm Emanuel, senior adviser Valerie Jarrett and Jackson.

This is a smart move by Blago. Obama has already signaled he wants to protect Jarrett and Rahm (more on this in upcoming posts). So why not make Obama as uncomfortable as possible? (I intend to start counting the number of unintended consequences from Obama’s crappy treatment of yesterday’s report; count this as number one.)

Furthermore, this will expose a good deal of Fitz’s case. Not that Obama or Jarrett or JJJ himself (as opposed to his associates) are key players in Fitz’s case. But this gives Blago an opportunity to play to the press’ shiny object to distract attention from the wholesale sale of government that is the core of Fitz’s case.