Blagojevich appeal ruling update July 22, 2015, Retrial not likely, Judge James Zagel likely to resentence, Attorney Len Goodman ruling didn’t address many of the issues that were raised in appeal, “This is pure politics”, Wiretaps still hidden
Why did Patrick Fitzgerald and the US Justice Department wait until December 2008 to arrest Rod Blagojevich?”…Citizen Wells
“I believe I’m more pristine on Rezko than him.”…Rod Blagojevich
“Regardless of how this plays out, it benefits Obama. If there is no appeal or the appeal is denied, Blagojevich will be sequestered. If the appeal proceeds, it could drag out beyond impacting the 2012 election cycle. The intent is obvious.”…Citizen Wells, July 19, 2011
Do not forget. Obama controls the US Justice Dept.
From ABC 7 Chicago July 21, 2015.
“An appeals court vacated five convictions and threw out the sentence of former Ill. Gov. Rod Blagojevich on Tuesday afternoon. The rest of Blagojevich’s convictions were affirmed by the 7th U.S. Circuit Court of Appeals in Chicago.”
“”My advice to the governor is he should fight on,” said Leonard Goodman, Blagojevich appellate attorney.
If Blagojevich chooses to appeal, he must tell the court within the next two weeks. But with five counts thrown out, the former governor will at some point be re-sentenced, and his attorneys will argue that his 14 years be dramatically reduced.
“Most people would look at this and say ‘Wow, if a quarter of his counts were reversed, and so a quarter of his sentence should be taken off’ – but that’s not the way that it works,” said Lauren Kaeseberg, Blagojevich attorney.
Trial Judge James Zagel could reduce the sentence, but guidelines also would permit him to leave it unchanged. The Blagojevich family hopes the former is the case.”
“If the prosecutor elects to drop the vacated charges, the district court could proceed directly to re-sentencing on the remaining 13 convictions only, according to the court document USA v. Rod Blagojevich.”
“Prosecutors have not said if they will retry Blagojevich, who is currently serving time in a Colorado prison. However, experts say it’s unlikely.
“They have two choices. They can retry the counts or just go to sentencing. And when you look at the three prosecutors that led this charge: two of them have already left the office… the last one just got appointed a state judge the other day. So it’s safe to say they’re not going to retry those counts,” former prosecutor Jeff Cramer said.
Resentencing Blagojevich, who has maintained he was engaged in legal, run-of-the-mill politics, will fall to Judge James Zagel. In the appeal, Blagojevich blamed Judge Zagel for a litany or errors.”
“”Time has passed. And Judge Zagel is a fair man. And I would expect that having those counts thrown out will cause the judge to reconsider the sentence,” Goodman said.”
From the Chicago Tribune July 21, 2015.
“Blagojevich’s appellate attorney, Leonard Goodman, said the long-awaited ruling didn’t address many of the issues that were raised in the former governor’s appeal.
“And the ones it does address it gets it wrong,” Goodman said. “So it’s shocking to me that after a year and a half this could be the result of the court’s work.”
Goodman said his advice to Blagojevich will be to continue to fight the case.
“The evidence that would have acquitted him was excluded at trial, and my advice to the governor is that he should fight on,” Goodman said.
Some Rod Blagojevich convictions tossed; wife tells him disappointing news
Goodman said he had not yet spoken to his client so he wasn’t sure about the next course of action, but he said he has options, including trying to get the case heard by the U.S. Supreme Court.
“Exactly the order of the proceedings will be up to the governor,” Goodman said.
Goodman took issue with the court, saying it made serious errors in its decision. He said the court was wrong when it supported the trial judge’s decision to exclude testimony from Blagojevich that he believed his actions were lawful.
“That is not the law. The Supreme Court just ruled this term that guilty knowledge is an element of proof for any criminal offense and this is no exception,” Goodman said. “This is pure politics. What he did was try to raise campaign cash, which is his job as governor.””
The wiretaps remain sealed.
Of the approx. 2 % that were released, we learn.
From Citizen Wells March 12, 2014.
The protection of Obama in the Blagojevich “prosecution” continues.
From the NY Times March 11, 2014.
“Illinois: Wiretaps of Ex-Governor Stay Sealed”
“An appellate court in Chicago ruled Tuesday that transcripts of F.B.I.wiretaps not played at former Gov. Rod Blagojevich’s corruption trials should remain sealed, at least for now. The decision by the United States Court of Appeals for the Seventh Circuit came as it considered Mr. Blagojevich’s appeal, which asks the three-judge appellate panel to throw out his convictions.”
“The wiretaps are among those Judge James B. Zagel of Federal District Court barred the defense from playing to jurors. ”
From Citizen Wells February 3, 2014.
Only about 2 percent of the total wiretap transcripts used as evidence were revealed during the Blagojevich trials.
Blagojevich defense lawyers want all of the wiretap transcripts made transparent.
From the Belleville News-Democrat February 3, 2014.
“Blagojevich transcripts at issue in appeal”
“Prosecutors and attorneys for Rod Blagojevich disagree over unsealing wiretap transcripts that are part of the imprisoned former governor’s appeal of his conviction.
The U.S. 7th Circuit Court of Appeals had said it would open the records Monday.
But citing privacy, prosecutors want them to stay sealed. In a response filed Monday, defense lawyers say transparency should trump other concerns.”
“The defense says a lower court barred jurors from hearing certain wiretaps that could have helped Blagojevich. Transcripts of recordings not played at trial were recently submitted to the appellate court, and are the records in dispute.”
Obama’s corrupt past?