Five Years After Pay-to-Play Gang Tried to Get Fitz Fired, Blagojevich Tries Again

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IMO, Blago’s been playing his whole post-arrest period about as well as could be expected, up to and including making the Senate Majority Leader look like an amateur. But today’s latest move may well backfire.

Blago’s lawyers just filed (in a motion they tried to keep sealed) to get Fitz dismissed from his case.

Lawyers for Gov. Rod Blagojevich have filed a sealed motion to remove U.S. Atty. Patrick Fitzgerald and his assistants from prosecution of the case against the governor, a federal judge disclosed today.

U.S. District Chief Judge James Holderman ordered the defense today to file that motion publicly.

After today’s court session, Sheldon Sorosky, a Blagojevich lawyer, said the defense wanted Fitzgerald’s removed "because of the statements made in the announcement of the arrest of Gov. Blagojevich."

Sorosky was asked if the defense believed Fitzgerald used inflammatory language in the announcement. "The motion speaks for itself," Sorosky said.

Mind you, I’m sure Blago can find all manner of discredited shill who will argue that Fitzgerald spoke improperly at his press conference announcing Blago’s arrest. But that doesn’t change the fact that Blago is now asking for something his alleged confederates tried to do over four years ago–get Fitz fired (or at least removed from this case). The same Rezko trial witnesses that form the foundation of Fitz’s case against Blago, after all, also testified that the gang tried to get Fitz fired.

In a hearing before court began, prosecutors said they hoped to call Ali Ata, the former Blagojevich administration official who pleaded guilty to corruption yesterday, to the stand.

Assistant U.S. Atty. Carrie Hamilton said she believed Ata would testify to conversations Ata had with his political patron, Rezko, about working to pull strings to kill the criminal investigation into Rezko and others when it was in its early stages in 2004.

"[Ata] had conversations with Mr. Rezko about the fact that Mr. Kjellander was working with Karl Rove to have Mr. Fitzgerald removed," Hamilton told U.S. District Judge Amy St. Eve.

The one member of the pay-to-play gang who has not yet publicly admitted they tried to take Fitz out–Rezko–is, by all appearances–getting more cooperative by the day.

 So while maybe I’m misreading how this latest play will go over, I gotta say the optics of it stinks. Blago’s alleged accomplices have been gunning for Fitz for years. And now, post-arrest, the first thing he does is try once Read more →

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Draft Blagojevich Impeachment Report Released

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Here. The Trib’s overview is here.

I think the head cold is sufficiently at bay so I can read along with you.

One thing to note as you read: how the Committee has used (in limited fashion) Fitz’ evidence from the complaint. Note they’re focusing on the flashy stuff: Wrigley Field and the Senate seat. The pay to play stuff has been lumped in with testimony from the Rezko and other trials.

Also note a few of these items are things that are reasonably laudable–better services–but which  Blago tried to accomplish through illegal means.

And finally, note the Executive Ethics Commission Report, starting on page 53. This is basically about Blago breaking all sorts of hiring rules. I raise it for you to keep in mind as Dems start cheerleading this impeachment. The charge is something that Bush is equally guilty of–but there was no squawk of impeachment for him.

Starting on page 60, there is a list of all the evidence they’ve used thus far. You can access almost all of those at this website.

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Rahm's Contacts

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I’m still trying to sort through the conflicting stories on contacts Rahm Emanuel had with Rod Blagojevich and his crowd. One of two things is going on:

1. Rahm has been less than forthcoming in describing his contacts with Blagojevich and his minions.

AND/OR

2. There has been a sustained effort to misrepresent Rahm’s contacts with the governor.

Note the AND/OR there: I believe both are true, to a point. Which is why I’m still trying to wade through these details.

Did Rahm call Blago in December?

The most recent conflicting data point is this one, included in a Sun-Times story reporting on Reid’s contact with Blago:

Before [Reid’s and Menendez’s conversations with Blago on December 3], Obama’s chief of staff Rahm Emanuel called Blagojevich to tell him to expect to hear from Senate leadership because they were pushing against Jackson and others, according to statements the governor made to others.

This would seem to conflict with Rahm’s representation to Obama’s team, which asserted that he had only spoken directly to Blago one or two times–both in early November.

Mr. Emanuel had one or two telephone calls with Governor Blagojevich. Those conversations occurred between November 6 and November 8, 2008.

There are a couple of ways to resolve this contradiction, neither one of them very satisfying. First, it is possible (though highly improbable) that Rahm told Blago on November 8 that Senate leadership would call him (though note that–at that point–Schumer had not yet announced his resignation as DSCC Chair), and they simply didn’t get around to calling him until December. This is unlikely for two reasons: Obama’s team hadn’t even given Blago their "list" yet, so it seems unlikely that Reid and Menendez or Schumer were already lobbying heavily. And then there’s the unrealistic delay of almost a month, during a period when it was never clear whether Blago was about to appoint someone in the near future or not.

The other way to resolve the contradiction is via the dodge I pointed out earlier. The Obama report does not claim to be a comprehensive on all contacts between Obama’s team and Blago’s team; Read more →

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Roland Burris Subpoenaed

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I’m one of those who believes that Blago made no monetary deal with Roland Burris in exchange for the Senate seat (which is not to say that Blago didn’t make it very clear that Burris would have to stop calling on Blago to resign).

But IL’s legislative impeachment committee appears to want more assurances from Burris that that is the case. They subpoenaed Burris on Saturday, to appear before the committee on Wednesday.

The group has also issued a subpoena that was served Saturday on Roland Burris, the governor’s controversial choice to fill Illinois’ vacant U.S. Senate seat. The order compels Burris to testify Wednesday.

Given that Burris will be in DC today and tomorrow trying to be seated as Senator, I’d say he’s got a busy few days.

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Blagojevich, Reid, and Rahm: Who Is Distorting Claims about Jesse Jackson Jr.?

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The Sun-Times has updated its story on Reid’s calls to Rod Blagojevich with this statement from Harry Reid:

Gov. Blagojevich appears to be trying to distract attention from his daunting legal problems and damaged credibility by distorting information about private phone calls between himself and other public officials. It is regrettable and reprehensible.

Gov. Blagojevich’s efforts to try to tarnish others while the cloud of suspicion continues to grow over him are shameful, as are his efforts to further betray the public trust and sow seeds of division. As each day passes it becomes increasingly clear that Gov. Blagojevich is not fit to lead, and he should resign.

I will not allow his corruption charges or his antics to distract me from leading the Senate, to drive a wedge in our party or to obscure the facts. [my emphasis]

(Reid just accused Blago of lying about it on MTP, as well.)

I’m fascinated not only by Reid’s decision to respond to what he apparently believes is a Blago leak, but by his accusation that Blago is lying. That’s because there are now three different versions about whether or not Jesse Jackson Jr. was acceptable to Obama and Reid.

Recall that, several weeks ago, someone leaked to the Trib details of Rahm’s discussions with Blago about "acceptable" candidates for the Senate seat. That list rather notably did not include JJJ.

Emanuel delivered a list of candidates who would be "acceptable" to Obama, the source said. On the list were Obama adviser Valerie Jarrett, Illinois Veterans Affairs director Tammy Duckworth, state Comptroller Dan Hynes and U.S. Rep. Jan Schakowsky of Chicago, the source said. All are Democrats.

Sometime after the election, Emanuel called Harris back to add the name of Democratic Atty. Gen. Lisa Madigan to the approved list, the source said.

In fact, except for Jarrett, that list did not include any African-American candidates.

But that’s not who Rahm says was on the list.

Between the time that Mr. Emanuel decided to accept the position of Chief of Staff in the White House and December 8, 2008, Mr. Emanuel had about four telephone conversations with John Harris, Chief of Staff to the Governor, on the subject of the Senate seat. In these conversations, Mr. Emanuel and Mr. Harris discussed the merits of potential candidates and the strategic benefit that each candidate would bring to the Senate seat. Read more →

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Anthrax, Again

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The NYT has what they bill as the most comprehensive profile of the alleged anthrax killer yet.

Before I get into the important new details from the profile, can you help me with this detail? This is billed as a comprehensive profile. Yet when the NYT gets around to describing the attacks, here’s what they say:

Days later came word of the anthrax letters. First, the death of a tabloid photo editor in Florida, Robert Stevens. Then the poison letters mailed to NBC News and The New York Post with notes declaring “Death to America! Death to Israel!”

And finally the letters to Senators Tom Daschle, Democrat of South Dakota, and Patrick J. Leahy, Democrat of Vermont, spewing deadly spores through the postal system and across official Washington.

Particularly given that one of the biggest unexplained details of the "attacks" is how, right after the last attack and just a month and a half after Judy reported on a more potent anthrax program, Judy got an envelope full of fake anthrax. Don’t you think the NYT could have mentioned those details?

Nevermind–we know how they like to pretend Judy never existed. 

Speaking of which, one detail I was previously unaware of is that the Army quashed an investigation led by Ft. Detrick’s own scientists.

 When institute scientists began their own review of the evidence, nervous Army officials ordered the inquiry dropped.

That, too, seems worth more detail.

The story also reveals more details about the fibers found on the envelopes sent to victims–yet virtually unmentioned in the FBI’s limited releases about Ivins.

Meticulous study of tiny brown fibers found stuck to the envelopes led nowhere.

Those are the brown fibers that didn’t match Ivins’ own hair, nor any of his clothes that the FBI carted away from his house.

And it turns out that Ivins testified before a grand jury in 2007.

In May 2007, Dr. Ivins — assured by prosecutors that he was not a target of the investigation — testified under oath to a grand jury on two consecutive days. He answered all the questions about anthrax. Only once did he plead his Fifth Amendment right against self-incrimination, when he was asked about his secret interest in sororities.

Given the timing, I’d be curious why over a year passed and they got no closer to Ivins.

Read more →

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Trash Talk – Saturday Wildcard Weekend Fighting Edition

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It is Wildcard Saturday in the NFL! First up are today’s games; i will update later today with Sunday’s games. Oh, and due to dismal performance by my boy, it is no longer the "National Favre League", but is just back to NFL. Sadness.

Dirty Birds at Red Birds: First thing, are we a bunch of fucking pathetic mopes here in Phoenix or what? The NFL had to extend time for ticket sales to insure there was a sellout so that they could even put the freaking game on TeeVee here. Yes, the Cardinals are losers, and us natives know it.

This is the first home playoff game for the Cardinals since 1947. Sixty one years. The Cards do not have a wealth of experience with this stuff except for Kurt Warner. Of course, the Falcons ain’t got a lot either. Line is three points with the dogs being the homeboys.

I am a homeboy, and the Cards may be dogs, but they play well at home. They win their first home playoff game in 61 years.

Colts at Bolts: well, this ought to be quite a game what with the MVP philip Rivers playing in it and all; he really deserved it since he carried the team with LT having an off year.

Oh, wait, randiego got it wrong. The MVP is Marcy’s favorite quarterback in the world, PEYTON MANNING! This game is a pick em, but I am picking the Colts.

UPDATE:
Other Dirty Birds at Fish: Going into the weekend, all four road teams were favored over the homeboys. So far, that theory has been completely blown up. Quite frankly, I had a good inkling that the Cards would win, they are very good at home and the crowd noise gets going pretty good in the Big Toaster.

But here is another factor: No rookie quarterback has ever won a road playoff game. Pertinence to the current tilt: Baltimore has a rookie signal caller, Joe Flacco. Now, to be fair Flacco, unlike Matt Ryan who came out of the gate hot, has progressed slowly and steadily. And he is very bright. The odds say to go with Pennington and the hometown Fins if you ask me. If that were the only consideration; but it is not. There is also Ray Lewis, Read more →

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Burris: Why Not Withhold Committee Assignments?

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There’s been a lot of discussion about whether or not the Senate has the ability to refuse to seat Roland Burris–the guy Rod Blagojevich appointed to replace Obama. I see some merit on both sides, but above all, I see an awfully weird time to purport to discipline and rule of law.

That said, perhaps there is a reasonable solution which is entirely in line with other moves the Senate has made of late: seating Burris, but refusing to give him any committee assignments in the Senate, at least pending some resolution of Blagojevich’s affairs.

When long-serving Toobz Stevens was indicted, the Republicans took away his committee assignments. When Larry Craig got caught being gay, the Republicans took away his committee assignments.  (Somehow, David Vitter’s solicitation of a prostitute didn’t require he lose his committee assignments.)

While, in both cases, the Senate chose not to move to expel the Senators, pulling committee assignments was a way pull the perks of the seat in an attempt to convince the Senator to resign. While both retained a vote, they lost any real influence in the Senate.

Burris would, of course, have a means to get committee assignments: he could caucus with the Republicans, if they would have him. Which would make it a lot harder for Burris to run as an incumbent Democrat in 2010. Not necessarily a bad thing, IMO.

Maybe a week hanging out with the family has made me all Solomonic, but withholding all committee assignments from Burris seems like a sound way to discourage him from sticking around with a tainted–but (by all appearances) legally sound appointment. 

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With Chris Cox, Suckers Are Everywhere

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Remember just a few days ago when SEC Chairman Chris Cox was doing his best George Bush imitation and trying to write his history before his term of shame was over?

Cox said the SEC’s emphasis on enforcement was as strong as it had ever been. "We’ve done everything we can during the last several years in the agency to make sure that people understand there’s a strong market cop on the beat," he said.

"That’s why Madoff is such a big asterisk," he added. "The case is very troubling for that reason. It’s what the SEC’s good at. And it’s inexplicable."

Of course that was after the Madoff Ponzi scandal had already hit. Cox must have thought he had weathered the worst that could hit the beleaguered SEC he had personally helped neuter. Not so fast Chris, because today we have more instances from the "who could have imagined" files; from Bloomberg:

U.S. regulators working to untangle Bernard Madoff’s alleged $50 billion Ponzi scheme are probing other money managers suspected of using similar tactics, two people with knowledge of the inquiries said.

The U.S. Securities and Exchange Commission is pursuing at least one case in which investors may have been cheated out of as much as $1 billion, according to one person, who declined to name the manager and asked not to be identified because the probe isn’t public.

Regulators may discover additional Ponzi arrangements as declining stock markets prompt investors to withdraw their cash and they question how their money is being managed. This week, the SEC said it halted what the agency described as a $23 million scam targeting Haitian-Americans, and said the Florida- based operators had tried as recently as last month to bring in more investors.

Chris Cox must be packing some pretty big asterisks to make the statement that he has been a "strong market cop". With the SEC run by capital cronies like Cox, we are all the suckers.

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The Ugly Legal Optics Of Harry Reid's Burris Battle

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h/t MCCS1977

h/t MCCS1977

Earlier this morning, Jane wrote a fantastic post, "Burris and Blago: What Happens Now?", that lays out most all of the concerns with the obstreperous position taken by Harry Reid and the Democratic leadership. I would like to follow up on a couple of legal points inherent in the discussion.

Illinois Secretary of State Jesse White: As you have probably heard, Illinois Secretary of State Jesse White has refused to certify Blagojevich’s appointment of Roland Burris. The problem I see with this is that there is no legal basis whatsoever for SoS White’s conduct in this regard.

White appears to be abrogating Illinois law all by himself, and he simply does not have the power to do that. Signing the certification is a ministerial act, not an established right of veto. The decision on who to appoint is the governor’s and the governor’s alone under Illinois law; there is no power promulgated for the SoS to have decision making authority. If White can simply refuse to sign the certification, and that stops the process in it’s tracks, he would have unmitigated veto power over the appointment. He does not.

Burris has obviously figured this out and has brought action demanding the Secretary of State endorse the certification.

Burris’s lawyers argued that White’s duties are strictly ministerial and that he doesn’t have the discretion to withhold his certification of Blagojevich’s selection.

“Any additional state requirement that Roland Burris must seek or obtain approval of the secretary of state to qualify as U.S. senator would be unconstitutional,” Wright said in the filing.

Whether you like Burris or not, whether you despise Blagojevich or not, Burris has now been duly appointed by a sitting governor; his appointment, absent evidence to the contrary, is valid on its face. White should sign the certification forthwith, refusal to do so is outside of his authority and is costing the citizens of Illinois valuable court time, resources and money; effectively a breach of White’s fiduciary duty to the state.

Harry Reid has lobbied against Illinois having a special election to fill Obama’s Senate seat, which they could easily hold concurrent with the election they will be forced by law to have for Rahm Emanuel’s open seat in Illinois’ 5th district. Reid is likely personally responsible for there being no opportunity for the public to vote on the next Read more →

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