Category Archives: Attorneys

John Wyma testimony, Blagojevich hearing, December 2, 2011, Wyma Chicago corruption ties, Media and Justice department protect Obama

John Wyma testimony, Blagojevich hearing, December 2, 2011, Wyma Chicago corruption ties, Media and Justice department protect Obama

“Why did the Illinois Senate Health & Human Services Committee, with Obama as chairman, create and push Bill 1332, “Illinois Health Facilities Planning Act,” early in 2003, which reduced the number of members on the Board from 15 to 9, just prior to rigging by Tony Rezko and Rod Blagojevich?”…Citizen Wells

“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

A hearing is scheduled today, Friday, December 2, 2011, in the courtroom of Judge James Zagel for Rod Blagojevich.

Daily Calendar

Friday, December 2, 2011  (As of 12/02/11 at 08:46:51 AM

Honorable James B. Zagel                    Courtroom 2503 (JBZ)

           
1:08-cr-00888   USA v. Blagojevich    11:30   Motion Hearing

http://www.ilnd.uscourts.gov/home/DailyCal/0.htm

Most of what we are fed from the media about Blagojevich is in regard to the alleged selling of Obama’s senate seat. As I have stated repeatedly, that was a cleverly crafted diversion. The Justice Department has added to this charade by dropping counts 1,2 and 4 against Blagojevich which contain references to much of the earlier corruption tied to Obama, specifically the rigging of the IL Health Planning Board. Today’s hearing is in regard to a motion about the testimony of John Wyma. I was pleased to find that 2 reports out of Chicago did not limit references to just the alleged selling of the senate seat.

From the Chicago Tribune November 29, 2011.

“With one week to go before former Gov. Rod Blagojevich is sentenced for widespread public corruption, his attorneys have asked a federal judge to consider what they say is new evidence regarding a key government witness.”

“In the filing, Blagojevich’s defense team referenced the recent sentencing of Blagojevich fundraiser Antoin “Tony” Rezko. Rezko was sentenced to 10 1/2 years in prison last week.

In their filing, Blagojevich’s attorneys say prosecutors failed to tell the judge who approved wiretaps for the Blagojevich investigation that then-staffer John Wyma, who was a confidential informant for the government, had cut a deal to avoid being investigated.

But Wyma’s attorney denied his client had any agreement with the government in 2008 when he agreed to be a confidential informant.

“There was never any understanding he would not be investigated,” attorney Zach Fardon said. “He cooperated truthfully with no preconditions.”

Wyma later received immunity from the government when he was subpoenaed to appear before a grand jury.

The defense also questioned whether the government fully investigated Rezko’s allegations — which were the subject of recent court filings — that Wyma was involved in a specific bribery scheme at the Illinois Health Facilities Planning Board.”

Read more:

http://www.chicagotribune.com/news/local/ct-met-blagojevich-filings-20111129,0,3280336.story

From the Chicago SunTimes November 28, 2011.

“Blago’s lawyers want hearing based on new John Wyma information

Rod Blagojevich’s lawyers are asking for a special hearing to discuss what they say is new information regarding a key witness at the former governor’s trial.

They are asking U.S. District Judge James Zagel for an evidentiary hearing regarding the testimony of onetime Blagojevich friend and lobbyist John Wyma, arguing they weren’t allowed to properly cross examine him at trial. It was Wyma’s cooperation in 2008 that led to FBI wiretaps against the now-convicted ex-governor.

In a weekend filing, lawyers questioned whether the government properly vetted information against Wyma that was provided by a cooperating Tony Rezko. Rezko, a onetime fund-raiser to Blagojevich convicted on 16 counts of corruption, was sentenced to 10 ½ years last week.

In filings regarding Rezko’s sentencing, Wyma’s cooperation with the government is discussed, including that Rezko told prosecutors that he tried to extract a campaign contribution through Wyma from Provena Health, whom Wyma represented as a lobbyist at the time.

Lawyers question whether bribery was involved when Provena was granted a certificate of need from an Illinois hospital board. Rezko told prosecutors in private sessions that Provena had a dispute with someone on the hospital board and resolved it by paying the board member, according to the Blagojevich defense filing. Prosecutors say the charge was unsubstantiated.”

Read more:

http://www.suntimes.com/9114418-417/blagos-lawyers-want-hearing-based-on-new-john-wyma-information.html

Perhaps the effort to throw Obama under the bus is underway.

More on John Wyma corruption ties forthcoming.

Natural Born Citizen lies and misrepresentations, Congressional Research Service Propaganda, Founding fathers intent, Obama eligibility, Leo Donofrio response

Natural Born Citizen lies and misrepresentations, Congressional Research Service Propaganda, Founding fathers intent, Obama eligibility, Leo Donofrio response

Barack Hussein Obama is not eligible to be President of the United States, and is criminally occupying the White House and should immediately be arrested. Irrespective of any deficiencies in his birth certificate, Obama did not have 2 US citizen parents and is not a Natural Born Citizen.
Presidential eligibility from the US Constitution

“No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.”

Notice that being a citizen was not enough, unless you were so at the time of the adoption of the US Constitution. One must be a Natural Born Citizen. That requires 2 US citizen parents. The founding fathers understood that definition. One of the best examples I can think of this contextual knowledge is from the movie “A few good men.”

In 2008, John McCain was challenged on his eligibility. He immediately presented a legitimate certified copy of his original birth certificate. But since he was born abroad, the US Senate provided a resolution to clarify his status as a Natural Born Citizen.

“110th CONGRESS

2d Session

S. RES. 511

Recognizing that John Sidney McCain, III, is a natural born citizen.

IN THE SENATE OF THE UNITED STATES
April 10, 2008
Mrs. MCCASKILL (for herself, Mr. LEAHY, Mr. OBAMA, Mr. COBURN, Mrs. CLINTON, and Mr. WEBB) submitted the following resolution; which was referred
to the Committee on the Judiciary
April 24, 2008
Reported by Mr. LEAHY, without amendment
April 30, 2008
Considered and agreed to

RESOLUTION

Recognizing that John Sidney McCain, III, is a natural born citizen.

Whereas the Constitution of the United States requires that, to be eligible for the Office of the President, a person must be a `natural born Citizen’ of the
United States;

Whereas the term `natural born Citizen’, as that term appears in Article II, Section 1, is not defined in the Constitution of the United States;

Whereas there is no evidence of the intention of the Framers or any Congress to limit the constitutional rights of children born to Americans serving in
the military nor to prevent those children from serving as their country’s President;

Whereas such limitations would be inconsistent with the purpose and intent of the `natural born Citizen’ clause of the Constitution of the United States,
as evidenced by the First Congress’s own statute defining the term `natural born Citizen’;

Whereas the well-being of all citizens of the United States is preserved and enhanced by the men and women who are assigned to serve our country
outside of our national borders;

Whereas previous presidential candidates were born outside of the United States of America and were understood to be eligible to be President; and

Whereas John Sidney McCain, III, was born to American citizens on an American military base in the Panama Canal Zone in 1936: Now, therefore, be it

Resolved, That John Sidney McCain, III, is a `natural born Citizen’ under Article II, Section 1, of the Constitution of the United States.”

 Notice that emphasis was placed on the fact that McCain had 2 US citizen parents. Also note that Obama signed the resolution.

In 2008, numerous congressmen were contacted regarding Obama’s eligibility issues. It appeared at the time that they were all reading from the same scripted agenda. In 2010 we learned why members of congress responded with the same language.

From Citizen Wells November 8, 2010.

“Mario Apuzzo, attorney in Kerchner v Obama, first broke this story on November 5, 2010.

“Members of Congress Internal Memorandum — What to Tell Your Constituents in Answer to Obama Eligibility Questions – Their Talking Points Internal Memo Revealed. This was the spin that the Members of Congress were given to keep the American electorate at bay and confused in the debate about Obama’s eligibility issues all the while the Congress did nothing to investigate the matter in a congressional hearing like they did for similar concerns about John McCain.

We have obtained a copy of the talking points memorandum put out by a lawyer for the Congressional Research Service to the Members of Congress back in April 2009 as to what to tell their constituents when they write to the Members of Congress and ask questions about Obama’s eligibility. Now we know why all the answers coming back to constituents sounded like they were written by the same person and were full of the same obfuscations, omitted facts from history, and half truths & non-truths. This copy was obtained via the diligent and persistent efforts of a patriot going by the pen name of “Tom Deacon” who obtained it from a Senator’s office. Now we know the talking points the DC insiders and politicians have been groomed with to feed to their constituents who have been asking questions about the eligibility issues. Thank you Tom.”

https://citizenwells.wordpress.com/2010/11/08/congress-internal-memo-obama-eligibility-what-to-tell-your-constituents-jack-maskell-memo-citizen-wells-open-thread-november-8-2010/

Chris Strunk gave us a heads up yesterday that Jack Maskell of the Congressional Research Service is at it again.

http://www.scribd.com/doc/74176180/

Leo Donofrio has responded to this latest attempt at obfuscation of the meaning of Natural Born Citizen.
“Debunking The New Natural Born Citizen Congressional Research Propaganda.
 
Yesterday, attorney Jack Maskell issued yet another version of his ever changing Congressional Research Memo on POTUS eligibility and the natural-born citizen clause.  The CRS memo is actually a blessing for me in that I’ve been putting a comprehensive report together on this issue for about a month now.  But not having an official source standing behind the entire body of propaganda made my job more difficult.
The complete refutation will be available soon, but for now I will highlight one particularly deceptive example which illustrates blatant intellectual dishonesty.  On pg. 48, Maskell states:

In one case concerning the identity of a petitioner, the Supreme Court of the United States explained that “[i]t is not disputed that if petitioner is the son” of two Chinese national citizens who were physically in the United States when petitioner was born, then he is “a natural born American citizen ….”221
221 Kwok Jan Fat v. White, 253 U.S. 454, 457 (1920). The Supreme Court also noted there: “It is better that many Chinese immigrants should be improperly admitted than that one natural born citizen of the United States should be permanently excluded from his country.” 253 U.S. at 464.
Reading this yesterday, I had a fleeting moment of self-doubt.  Could I have missed this case?  Did the Supreme Court really state that the son of two aliens was a natural-born citizen?  The Twilight Zone theme suddenly chimed in.  I then clicked over to the actual case, and of course, the Supreme Court said no such thing.

The petitioner was born in California to parents who were both US citizens.  His father was born in the United States and was a citizen by virtue of the holding in US v. Wong Kim Ark.  His mother’ place of birth was not mentioned.  Regardless, she was covered by the derivative citizenship statute, and was, therefore, a US citizen when the child was born.

It was alleged that the petitioner had obtained a false identity and that the citizen parents were not his real parents.  But the Supreme Court rejected the State’s secret evidence on this point and conducted their citizenship analysis based upon an assumption these were petitioner’s real parents.
Having been born in the US of parents who were citizens, petitioner was indeed a natural-born citizen.  But Maskell’s frightening quotation surgery makes it appear as if the petitioner was born of alien parents.  The Supreme Court rejected that contention.  And Maskell’s ruse highlights the depravity of lies being shoved down the nation’s throat on this issue.  I can imagine Mini-Me sitting on his lap while this was being prepared.
When you look carefully at Maskell’s creative use of quotation marks, you’ll see that the statement is NOT a quote from the case, but rather a Frankenstein inspired patchwork.  He starts the reversed vivisection off with the following:
“[i]t is not disputed that if petitioner is the son…”

These are the first few words of a genuine quote from the Court’s opinion.  Then Maskell goes way out of context for the next two body parts.  The first is not in quotation marks:

of two Chinese national citizens who were physically in the United States when petitioner was born, then he is

And finally, an unrelated quote from elsewhere in the Court’s opinion:
“a natural born American citizen ….”
Put it all together and you get the following monstrosity:
…the Supreme Court of the United States explained that “[i]t is not disputed that if petitioner is the son” of two Chinese national citizens who were physically in the United States when petitioner was born, then he is “a natural born American citizen ….”
But the Supreme Court never said that.  Here’s what they actually said:
“It is not disputed that if petitioner is the son of Kwock Tuck Lee and his wife, Tom Ying Shee, he was born to them when they were permanently domiciled in the United States, is a citizen thereof, and is entitled to admission to the country. United States v. Wong Kim Ark, 169 U.S. 649 , 18 Sup. Ct. 456.”  Kwok Jan Fat v. White, 253 U.S. 454, 457 (1920).

This real quote – when liberated from Maskell’s embalming fluid – does not resemble the propaganda at all.”

Read more:

http://naturalborncitizen.wordpress.com/2011/12/01/debunking-the-new-natural-born-citizen-congressional-research-propaganda/

Rod Blagojevich sentencing, Don’t let Blago’s sentencing distract you from other political theatrics, Illinois Health Facilities and Services Review Board

Rod Blagojevich sentencing, Don’t let Blago’s sentencing distract you from other political theatrics, Illinois Health Facilities and Services Review Board

“Why did the Illinois Senate Health & Human Services Committee, with Obama as chairman, create and push Bill 1332, “Illinois Health Facilities Planning Act,” early in 2003, which reduced the number of members on the Board from 15 to 9, just prior to rigging by Tony Rezko and Rod Blagojevich?”…Citizen Wells

“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

From John Kass and the Chicago tribune December 1, 2011.

“Don’t let Blago’s sentencing distract you from other political theatrics”

“Former Gov. Dead Meat is scheduled to be sentenced at a hearing scheduled for next Tuesday and Wednesday, as Illinois taxpayers watch another corrupt governor head to prison.

Rod Blagojevich has been convicted on 17 counts of corruption, including trying to sell a U.S. Senate seat. In a court filing on Wednesday, federal prosecutors asked that Dead Meat sit in federal stir for the next 15 to 20 years.
 
During his machinations surrounding the appointment of a United States senator, and the shakedowns of hospital and racetrack executives, the defendant revealed his corrupt, criminal character,” federal prosecutors said in their court filing.

But this is still Illinois, where politics is often about distraction. So with our second consecutive governor doing the long goodbye in federal court, try to keep your eye on the shell with the pea inside.

The deadline for petitions of candidacy for judges and legislators is 5 p.m. Monday. So let’s not forget all those who get the petitions signed, all those patronage and union workers, precinct captains, guys who owe guys for favors, and just plain decent citizens who care about goodness and honesty in government.

Before it’s over, Dead Meat’s nemesis, House Speaker Mike Madigan, D-Lisa’s Daddy, will certainly exert his influence here. The Lord of Madiganistan doesn’t want you to look too closely, but he always has something to say about who gets to wear the black robes. He’s chairman of the Illinois Democratic Party, and those boys still decide who wields the gavel from the county level to the Illinois Supreme Court.

Then on Tuesday, as the Blagojevich hearing begins, more unrelated theatrics are scheduled at City Hall. City Aviation Commissioner Rosemarie Andolino, the airports czarina, has been invited to appear before the Chicago City Council’s Committee on Aviation.”

“Then on Wednesday, as Blago is likely to be standing before U.S. District Court Judge James Zagel to plead for mercy, there will be yet another important hearing in another government building.

This time, it’s a state panel, a meeting of the Illinois Health Facilities and Services Review Board, which OKs new hospital construction.

And here’s the irony. The state board is scheduled to consider a proposal by a Wisconsin hospital group — Mercy Health System — to build a medical facility in Crystal Lake. (Mercy Health System is not affiliated with Mercy Hospital and Medical Center of Chicago.)

In 2003, Mercy Health System sought the state board’s approval on a similar project.

As federal testimony in a number of cases has explained, there was much behind-the-scenes intrigue. FBI agents got involved and by the time they were done, the federal Operation Board Games probe had exposed Republican and Democratic corruption throughout state government and led to Blagojevich’s indictment.

The feds brought down Stuart Levine, a member of the state hospital board, who pleaded guilty to extortion, bribery and money laundering. Levine rolled over and testified against others, including the recently convicted Republican boss, William Cellini.

In April of 2003, Mercy Health System hired a Levine confederate, Jacob Kiferbaum, of Kiferbaum Construction, to build the hospital. Levine testified that he thought he’d get his kickback from Kiferbaum. The state hospital panel controlled by Levine gave Mercy Health System the go-ahead for the Crystal Lake project.

Soon the feds were all over it. In 2005, a judge overturned the state board’s ruling. Kiferbaum pleaded guilty to attempted extortion in an unrelated hospital shakedown.”

Read more:

http://www.chicagotribune.com/news/columnists/ct-met-kass-1201-20111201,0,286190.column

USA V Blagojevich Cellini Harris Kelly Monk, December 1, 2011, Judge James B. Zagel, 10:15 AM, Courtroom 2503 (JBZ), Notice of Motion

USA V Blagojevich Cellini Harris Kelly Monk, December 1, 2011, Judge James B. Zagel, 10:15 AM, Courtroom 2503 (JBZ), Notice of Motion 

“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

“Why has the Blagojevich defense team been denied access to the government wiretaps?”…Citizen Wells

I noticed the following Notice of Motion for today, Thursday, December 1, 2011, in the courtroom of Judge James Zagel.

Daily Calendar

Thursday, December 1, 2011  (As of 12/01/11 at 06:47:08 AM 

Honorable James B. Zagel                    Courtroom 2503 (JBZ)

1:08-cr-00888   USA v. Blagojevich                     10:15   Notice of Motion           
1:08-cr-00888   USA v. Cellini                         10:15   Notice of Motion           
1:08-cr-00888   USA v. Harris                          10:15   Notice of Motion           
1:08-cr-00888   USA v. Kelly                           10:15   Notice of Motion           
1:08-cr-00888   USA v. Monk                          10:15   Notice of Motion

http://www.ilnd.uscourts.gov/home/DailyCal/0.htm

The Chicago Tribune reports the following December 1, 2011.

“Prosecutors seek 15-20 years for Blagojevich, his lawyers seek compassion”

“Lawyers for Rod Blagojevich asked a federal judge to impose “a compassionate and proportionate sentence” on the former governor, in sharp contrast to the 15- to 20-year prison sentence sought by prosecutors earlier in the day.

“…Despite a strong and seemingly defiant exterior, no one is more acutely aware of the tragedy that has become of his life’s work and aspirations as is Mr. Blagojevich himself,” the defense said in its 69-page filing Wednesday evening.

Blagojevich’s lawyers continued to maintain his innocence despite the verdicts of two separate juries and argued that Blagojevich shouldn’t be hit with a lengthy prison sentence because the prosecution and publicity has already resulted in his “personal ruination, public scorn and criminal conviction.”

Without elaborating, the filing said the three years since Blagojevich’s arrest have “taken a toll” on his mental and physical health and resulted in “anxiety, stress and uncertainty” for his two daughters.

The lawyers referred to Blagojevich’s media offensive, saying it was a response “for good or for bad” to press coverage, and said that his and wife Patti’s reality show appearances weren’t intended to garner public support but rather to make money to support their daughters.

”His family is close to bankruptcy,” the defense wrote. “He has suffered every kind of public ridicule and humiliation imaginable – to the point that foreign tourists can often be found posing for photos on the outside staircase to his family home.”

But in their 21-page filing, prosecutors say Blagojevich merits much harsher punishment because he “repeatedly committed serious criminal acts that have done enormous damage to public confidence in Illinois government. He has refused to accept any responsibility for his criminal conduct and, rather, has repeatedly obstructed justice and taken action to further erode respect for the law.

“While the government is not unsympathetic to the plight that Blagojevich, like many criminals, has inflicted upon his family through his criminal acts, Blagojevich has nobody to blame but himself for the criminal conduct in which he engaged.”

The sentencing memo highlights some of Blagojevich’s misdeeds, including his attempt to trade an appointment to the U.S. Senate seat vacated by President Barack Obama for $1.5 million in campaign cash, his shakedown of a CEO of a children’s hospital for $25,000 and his stalling of a bill to help the state horse industry in an effort to earn another $100,000 in campaign contributions.

“Over the course of a relatively brief period of time, during his machinations surrounding the appointment of a United States Senator, and the shakedowns of hospital and racetrack executives, the defendant revealed his corrupt, criminal character,” prosecutors said. “But, as the evidence and Blagojevich’s conduct at his trials established, these were not isolated incidents. They were part and parcel of an approach to public office that defendant adopted from the moment he became governor in 2002.”

Prosecutors noted that Blagojevich was elected governor in 2002 on a platform to end “pay-to-play” politics and decried corruption following the conviction in 2006 of his predecessor, Gov. George Ryan.”

Read more:

http://www.chicagotribune.com/news/local/breaking/chi-prosecutors-want-1520-years-for-blagojevich-20111130,0,4535135.story

Rod Blagojevich sentencing, December 6, 2011, Judge James B. Zagel, 10:00 AM, Courtroom 2503 (JBZ), Tapes motion denied, John Wyma Testimony?

Rod Blagojevich sentencing, December 6, 2011, Judge James B. Zagel, 10:00 AM, Courtroom 2503 (JBZ), Tapes motion denied, John Wyma Testimony?

“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

“Why has the Blagojevich defense team been denied access to the government wiretaps?”…Citizen Wells

Rod Blagojevich, former governor of Illinois, is scheduled for sentencing next Tuesday, December 6, 2011 in the courtroom of Judge James B Zagel.

Daily Calendar

Tuesday, December 6, 2011  (As of 11/29/11 at 05:47:57 AM 

Honorable James B. Zagel                    Courtroom 2503 (JBZ)

1:08-cr-00888   USA v. Blagojevich                     10:00   Sentencing

http://www.ilnd.uscourts.gov/home/DailyCal/0.htm

Once again the Blagojevich defense team has been denied access to over 150 wiretaps. Of course this means we have been denied access as well.

From the Chicago Tribune November 28, 2011.

“Judge denies Blagojevich request to hear new tapes”

“The federal judge who will sentence Rod Blagojevich had harsh words for the former Illinois governor’s attorneys as he denied a request Monday to play new federal wiretap tapes in court.

Blagojevich was convicted at two separate trials on 18 corruption counts, including allegations he tried to sell or trade President Barack Obama’s vacated U.S. Senate seat. Blagojevich will be sentenced next week, and his lawyers last week submitted a list of 180 secret tape recordings the FBI made of the governor and others.

Parts of some recordings were played during his trials, but Blagojevich has long argued that authorities should “play all the tapes.” He says some of the recordings hold evidence demonstrating his innocence.

But Judge James Zagel said Blagojevich’s attorneys hadn’t said what they specifically wanted to prove and what sections of the tapes they wanted to use, echoing complaints made by federal prosecutors.

“What this motion requests is my blind approval of the use of whatever excerpts it decides are relevant to `lack of ill intent’ and admissible … at sentencing,” Zagel said. “That request is denied.””

“The judge scheduled a Friday hearing on another Blagojevich request related to a government witness, John Wyma. Blagojevich’s attorneys are questioning whether Wyma helped the government “in exchange for a government benefit.” Prosecutors denied that allegation at trial.”

Read more:

http://www.chicagotribune.com/news/local/chi-ap-us-blagojevichtrial-,0,1987167.story

From the Chicago SunTimes November 28, 2011.

“Blago’s lawyers want hearing based on new John Wyma information”

“Rod Blagojevich’s lawyers are asking for a special hearing to discuss what they say is new information regarding a key witness at the former governor’s trial.

They are asking U.S. District Judge James Zagel for an evidentiary hearing regarding the testimony of onetime Blagojevich friend and lobbyist John Wyma, arguing they weren’t allowed to properly cross examine him at trial. It was Wyma’s cooperation in 2008 that led to FBI wiretaps against the now-convicted ex-governor.

In a weekend filing, lawyers questioned whether the government properly vetted information against Wyma that was provided by a cooperating Tony Rezko. Rezko, a onetime fund-raiser to Blagojevich convicted on 16 counts of corruption, was sentenced to 10 ½ years last week.

In filings regarding Rezko’s sentencing, Wyma’s cooperation with the government is discussed, including that Rezko told prosecutors that he tried to extract a campaign contribution through Wyma from Provena Health, whom Wyma represented as a lobbyist at the time.

Lawyers question whether bribery was involved when Provena was granted a certificate of need from an Illinois hospital board. Rezko told prosecutors in private sessions that Provena had a dispute with someone on the hospital board and resolved it by paying the board member, according to the Blagojevich defense filing. Prosecutors say the charge was unsubstantiated.

“Blagojevich did not have any knowledge about and was absolutely unaware of the Provena activities of Rezko and Wyma,” the filing says.

It says after Rezko gave the information to prosecutors, Wyma was hit with a subpoena.

“Shortly after Wyma received this grand jury subpoena, he agreed to be, and became, an informant for the government. This allowed the government to obtain a wiretap on Blagojevich’s telephones,” lawyers wrote.

After the taps were secured, Blagojevich’s lawyers said, prosecutors deemed Rezko’s information “not substantiated.”

“If the incriminating evidence against Wyma was not substantiated because it was not investigated, the government’s statement is misleading,” defense lawyers wrote.

Provena officials could not immediately be reached for comment.

Blagojevich’s lawyer, Shelly Sorosky, said the new information was based on filings before Rezko’s sentencing, where both sides agree Rezko’s cooperation led the government to Wyma.”

Read more:
http://www.suntimes.com/9114418-417/blagos-lawyers-want-hearing-based-on-new-john-wyma-information.html

Rod Blagojevich lawyers request special hearing, John Wyma testimony, Judge James Zagel, Tony Rezko, Provena Health, Evidentiary hearing request

Rod Blagojevich lawyers request special hearing, John Wyma testimony, Judge James Zagel, Tony Rezko, Provena Health, Evidentiary hearing request

“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

From the Chicago SunTimes November 28, 2011.

“Blago’s lawyers want hearing based on new John Wyma information”

“Rod Blagojevich’s lawyers are asking for a special hearing to discuss what they say is new information regarding a key witness at the former governor’s trial.

They are asking U.S. District Judge James Zagel for an evidentiary hearing regarding the testimony of onetime Blagojevich friend and lobbyist John Wyma, arguing they weren’t allowed to properly cross examine him at trial. It was Wyma’s cooperation in 2008 that led to FBI wiretaps against the now-convicted ex-governor.

In a weekend filing, lawyers questioned whether the government properly vetted information against Wyma that was provided by a cooperating Tony Rezko. Rezko, a onetime fund-raiser to Blagojevich convicted on 16 counts of corruption, was sentenced to 10 ½ years last week.

In filings regarding Rezko’s sentencing, Wyma’s cooperation with the government is discussed, including that Rezko told prosecutors that he tried to extract a campaign contribution through Wyma from Provena Health, whom Wyma represented as a lobbyist at the time.

Lawyers question whether bribery was involved when Provena was granted a certificate of need from an Illinois hospital board. Rezko told prosecutors in private sessions that Provena had a dispute with someone on the hospital board and resolved it by paying the board member, according to the Blagojevich defense filing. Prosecutors say the charge was unsubstantiated.

“Blagojevich did not have any knowledge about and was absolutely unaware of the Provena activities of Rezko and Wyma,” the filing says.

It says after Rezko gave the information to prosecutors, Wyma was hit with a subpoena.

“Shortly after Wyma received this grand jury subpoena, he agreed to be, and became, an informant for the government. This allowed the government to obtain a wiretap on Blagojevich’s telephones,” lawyers wrote.

After the taps were secured, Blagojevich’s lawyers said, prosecutors deemed Rezko’s information “not substantiated.”

“If the incriminating evidence against Wyma was not substantiated because it was not investigated, the government’s statement is misleading,” defense lawyers wrote.

Provena officials could not immediately be reached for comment.

Blagojevich’s lawyer, Shelly Sorosky, said the new information was based on filings before Rezko’s sentencing, where both sides agree Rezko’s cooperation led the government to Wyma.”

Read more:
http://www.suntimes.com/9114418-417/blagos-lawyers-want-hearing-based-on-new-john-wyma-information.html

Thanks to commenter Bessie.

Blagojevich attorneys request tapes, Judge James Zagel, Off limits wiretaps, 2 percent played touch Obama

Blagojevich attorneys request tapes, Judge James Zagel, Off limits wiretaps, 2 percent played touch Obama

“Why did Patrick Fitzgerald and the US Justice Department wait until December 2008 to arrest Rod Blagojevich?”…Citizen Wells

“Why did the Illinois Senate Health & Human Services Committee, with Obama as chairman, create and push Bill 1332, “Illinois Health Facilities Planning Act,” early in 2003, which reduced the number of members on the Board from 15 to 9, just prior to rigging by Tony Rezko and Rod Blagojevich?”…Citizen Wells

“I believe I’m more pristine on Rezko than him.”…Rod Blagojevich

From NBC Chicago November 25, 2011.

“Blago Attorneys Want Off-Limits Tapes Heard”

“While most Chicagoans were feasting on their own Thanksgiving dinners, convicted former Governor Rod Blagojevich and his family gathered for what was likely one of the former governor’s last holidays at home before he begins serving a term in federal prison.

At the same time, his lawyers were filing the legal equivalent of a Hail Mary as Blagojevich’s sentencing date approaches.
Blagojevich and his attorneys have asked Judge James Zagel for permission to reference portions of until-now confidential undercover recordings. The tapes were previously branded off-limits by Zagel in April of 2009.

“The defense does not seek to play any wiretap recordings in their entirety,” the lawyers wrote. “The brief excerpts of recordings or transcripts that Mr. Blagojevich is seeking to play in court and to reference in his written sentencing submission…do not involve sensitive, personal, or embarrassing comments about, or references to, any individuals.”

The lawyers reference over 150 tapes. While most involve conversations between Blagojevich and his advisors, at least one features the former governor speaking with his wife and daughters. Several involve then-congressman Rahm Emanuel, and still another feature luminaries as diverse as former school board chief Gery Chico, former alderman Ed Smith, and White Sox chairman Jerry Reinsdorf.”

http://www.nbcchicago.com/blogs/ward-room/Blagojevich-Blago-Attorneys-Tapes-134487403.html

From Citizen Wells July 18, 2011.

“Rod Blagojevich and his lawyers have long complained that prosecutors and the judge in his two trials were fundamentally unfair, but after his sweeping corruption conviction Monday, only a successful appeal built on that belief stands between the former governor and a possible double-digit prison sentence.
From early denials of Blagojevich’s demands to “play all the tapes” in his case, to U.S. District Judge James Zagel’s limiting of the former governor’s defense at his retrial, Blagojevich has always felt handcuffed, said one of his lawyers, Sam Adam Jr.”

“The appeal will likely argue that in both trials, the judge unfairly barred the defense from playing many undercover recordings critical to its case, severely limited cross-examination of government witnesses and allowed too many jurors who professed bias onto the panel, Adam said.
The government was allowed to play at trial more than 90 of the secretly made recordings of Blagojevich, Adam said, while the defense was allowed just four.
“The jury only got to hear one side of the tapes,” Adam said. “If you do that, you’re going to guarantee a conviction.”
In a mistrial motion filed June 9 as closing arguments were under way, the team of defense lawyers at the retrial accused Zagel of bias and having a “closed mind” on the evidence.”

“The Federal rules on discovery are crystal clear.
“Federal Rules of Criminal Procedure”
“IV. ARRAIGNMENT AND PREPARATION FOR TRIAL > Rule 16.
Rule 16. Discovery and Inspection
(a) Government’s Disclosure.
(1) Information Subject to Disclosure.”
“(B) Defendant’s Written or Recorded Statement.
Upon a defendant’s request, the government must disclose to the defendant, and make available for inspection, copying, or photographing, all of the following:
(i) any relevant written or recorded statement by the defendant if:
•the statement is within the government’s possession, custody, or control; and
•the attorney for the government knows — or through due diligence could know — that the statement exists;”

https://citizenwells.wordpress.com/2011/07/18/blagojevich-appeal-federal-rules-of-criminal-procedure-denial-of-tapes-setup-federal-discovery-rules-clear/

Only 2 percent of the wiretaps were released. From that small amount we learn the following.

Stuart Levine Steven Loren status hearing, Judge Amy J. St. Eve, Thursday, December 1, 2011, Obama Rezko problem

Stuart Levine Steven Loren status hearing, Judge  Amy J. St. Eve, Thursday, December 1, 2011, Obama Rezko problem

“Why did Patrick Fitzgerald and the US Justice Department wait until December 2008 to arrest Rod Blagojevich?”…Citizen Wells

“Why did the Illinois Senate Health & Human Services Committee, with Obama as chairman, create and push Bill 1332, “Illinois Health Facilities Planning Act,” early in 2003, which reduced the number of members on the Board from 15 to 9, just prior to rigging by Tony Rezko and Rod Blagojevich?”…Citizen Wells

“I believe I’m more pristine on Rezko than him.”…Rod Blagojevich

Tony Rezko has been sentenced to 10.5 years. Rezko was clearly the fall guy. That is why he was prosecuted before Rod Blagojevich, the Governor of Illinois, and kept away from the public and the press. That doesn’t mean that Obama doesn’t have a Rezko problem. Rod Blagojevich and Daniel Frawley have not been sentenced yet and Stuart Levine and Steven Loren have a status hearing next Thursday, December 1, 2011 in the courtroom of  Judge  Amy J. St. Eve.              

Daily Calendar

Thursday, December 1, 2011  (As of 11/24/11 at 02:47:58 PM 

Honorable Amy J. St. Eve                    Courtroom 1241 (ASE)

1:05-cr-00691   USA v. Levine                          08:45   Status Hearing             
1:05-cr-00691   USA v. Loren                           08:45   Status Hearing

http://www.ilnd.uscourts.gov/home/DailyCal/0.htm

Tony Rezko sentenced to 126 months, November 22, 2011, Judge Amy J. St. Eve, Rezko never called as witness, 10 1/2 year sentence

Tony Rezko sentenced to 126 months,  November 22, 2011, Judge Amy J. St. Eve, Rezko never called as witness, 10 1/2 year sentence

“Why wasn’t Rod Blagojevich, Governor of IL, prosecuted before Tony Rezko, a businessman?”…Citizen Wells

“I’m assuming the information is about the payments made by Rezko to Obama, so we know we’re talking about the right conversation, right?” …Attorney Daniel Konicek, Frawley Deposition

“I just think it’s very, very disturbing that we have these pay-to-play allegations going on for years.”…Patrick Fitzgerald

“Why was Tony Rezko’s sentencing delayed?”…Citizen Wells

Tony Rezko, a longtime associate and friend of Barack Obama, who was convicted in June 0f 2008 and never called as a witness, was sentenced today in the courtroom of Judge Amy J. St. Eve. Rezko was sentenced to 126 months.

Live feeds from courtroom by Natasha Korecki of the Chicago SunTimes:

“Line for Rezko sentencing already stretching down court hallway. Two rows of his family in place in courtroom.”

“Rezko looks over to his daughter briefly and she grows emotional. His lawyer now giving Rezko history to judge.”

“Rezko lawyer says Lon Monk far more culpable in Blagojevich probe but got 24-month deal.”

“Lawyer says Rezko, 56, is bankrupt and will never act criminally again.. ” I cannot overstate how remorseful Mr. Rezko is.””

“Prosecutor’s turn now in Rezko. Says his conduct was “about as bad as it gets in a pol corruption case…Illinois was for sale.”

“Rezko clearly agitated as prosecutor says Rezko overstated bad conditions in county jail. Says Rezko got sunlight — through skylights.”

“Tony Rezko sentenced to 126 months in prison. He’s already served about 44.”

http://twitter.com/#!/natashakorecki

Tony Rezko sentencing Tuesday, November 22, 2011, Rezko history since conviction, Rezko fall guy?, Daniel Frawley sentencing delayed

Tony Rezko sentencing Tuesday, November 22, 2011, Rezko history since conviction, Rezko fall guy?, Daniel Frawley sentencing delayed

“The last thing Sen. Barack Obama and Gov. Rod Blagojevich needed was that letter written by convicted Illinois influence peddler Tony Rezko promising he’d never rat out his pals.”… John Kass, Chicago Tribune

If the prosecution insists on going forward, I have two words for them: Rezko and Levine,” Cavise said. “They know where all the bodies are buried.””…Leonard Cavise,  DePaul University professor

“Why was Tony Rezko’s sentencing delayed?”…Citizen Wells

Tony Rezko is scheduled to be sentenced today, Tuesday, November 22, 2011 in the courtroom of Judge Amy St. Eve at 9:30 AM. Rezko, convicted in June of 2008 has never been called as a witness. Here is a history of Rezko activity since being convicted.

June 8, 2008 conviction.

Breakdown of Counts
• Guilty on 12 of 15 counts mail/wire fraud
• Not Guilty on 1 count attempted extortion
• Guilty on 2 of 6 counts corrupt solicitation
• Guilty on 2 counts money laundering

August 28, 2008

“As his sentencing nears, pressure is mounting on Tony Rezko to cooperate with federal investigations into some of the highest-profile politicians in the state — including Gov. Blagojevich.”

“Now, sources tell the Chicago Sun-Times that Rezko has been seen at the federal courthouse as many as a dozen times since his June conviction. He’s been held since then at the Metropolitan Correctional Center in downtown Chicago.”

“If Rezko’s cooperating, that would be a major development in “Operation Board Games,” the government’s ongoing probe into state boards that’s widened into a broader corruption probe.”

https://citizenwells.wordpress.com/2008/08/28/rezko-obama-tony-rezko-talking-john-thomas-chicago-suntimes-article-august-28-2008-is-rezko-working-with-the-feds/

October 9, 2008

“A federal judge this morning officially postponed the sentencing of political fund-raiser Tony Rezko as he continues his discussions with the government.

U.S. District Judge Amy St. Eve indefinitely delayed Rezko’s Oct. 28 sentencing date and told the parties to meet again for a status in the case in December.
The sentencing, originally scheduled for Oct. 28, just before the election, was likely to bring unfavorable publicity to Rezko’s onetime friend Democratic Presidential nominee Barack Obama.

Prosecutors and Rezko lawyers said this morning they did not want to set a future date for sentencing.

Rezko lawyer William Ziegelmueller said they sought the delay to “work together to agree to otherwise narrow differences at sentencing.”

The agreement comes as Rezko is talking to federal prosecutors. The Sun-Times first reported Rezko’s meetings with the feds in August and sources close to the investigation later confirmed the talks last month.”

(Link not active)

http://www.suntimes.com/news/metro/rezko/1208918,rezko100808.article

December 16, 2008

“Jailed political fundraiser Tony Rezko’s sentencing for corruption was delayed indefinitely Tuesday, most likely adding to the legal problems of embattled Gov. Rod Blagojevich.

The sentencing date of Jan. 6 was erased by U.S. District Judge Amy J. St. Eve. The action appeared to signal that Rezko’s on-again, off-again relationship with the federal prosecutors investigating Illinois government was on again.

Both federal spokesman Randall Samborn and Rezko’s chief defense counsel, Joseph Duffy, declined to comment after the hearing. Duffy responded to a blizzard of questions by saying, “Merry Christmas, everybody.”

Rezko was a major adviser to Blagojevich and raised more than $1 million for his campaign fund. He started talking to federal prosecutors last summer, a few weeks after he was convicted of fraud, money laundering and bribery-related counts in June.

Then he stopped talking and demanded to be sentenced as soon as possible. Now that January date is canceled.”

https://citizenwells.wordpress.com/2008/12/16/tony-rezko-sentencing-delayed-judge-st-eve-delays-again-december-16-2008-rezko-blagojevich-and-obama-linked-rezko-contributions-to-obama-obama-indictment-next/

February 3, 2009

“Convicted businessman Tony Rezko — who is poised to become a crucial witness in the massive corruption case against ex-Gov. Blagojevich — was quietly moved out of a downtown jail and into another facility last month, the Sun-Times has learned.
Authorities seeking Rezko’s cooperation pushed for the move after Rezko complained about being held in the tough confines of solitary imprisonment, known as “the hole,” even as he was providing information to prosecutors, sources said.”

 
“Rezko’s relocation is a sign that even with thousands of taped conversations of the governor, investigators still highly value Rezko’s potential as a witness.”
“Rezko, who served as an adviser and fund-raiser to Blagojevich, provided authorities with substantial information involving the governor and bolstered pay-to-play testimony by former Illinois Finance Authority director Ali Ata, as well as talking about other alleged deals.”

http://blogs.suntimes.com/rezko/2009/02/prosecutors_help_move_rezko_ou.html

July 21, 2010

“What unholy alliance prevented Tony Rezko from being called as a prosecution witness? Was it a pact between Rezko, Blagojevich and Obama? Is the US Justice Department complicit in a coverup? Was there pressure from entities in the Middle East? Perhaps a combination of those forces. ”

https://citizenwells.wordpress.com/2010/07/21/blagojevich-trial-us-justice-department-corruption-protecting-obama-part-5-tony-rezko-and-stuart-levine-are-best-witnesses-where-is-tony-rezko-why-hasnt-rezko-been-sentenced/

November 5, 2010

“Antoin “Tony” Rezko, once a top adviser and contributor to former Gov. Rod Blagojevich, will be sentenced Jan. 28 for his role in a scheme to solicit kickbacks from companies seeking state contracts.

Rezko was not at the hearing this morning at which U.S. District Judge Amy St. Eve set the sentencing date.

Rezko has agreed to cooperate against Blagojevich but wasn’t called to testify at the former governor’s trial last summer. With Blagojevich’s retrial set to begin in April, Rezko’s sentencing months before could signal he is unlikely to be called again. Defendants usually aren’t sentencing until after their cooperation has been completed.

A sentencing date was not set today for Rezko’s co-defendants, Stuart Levine, Joseph Cari and Steven Loren, who will next return to federal court for a status hearing in March.”

https://citizenwells.com/2010/11/05/rezko-sentencing-january-28-2011-rezko-witness-at-blagojevich-trial-rezko-agreed-to-cooperate/

January 8, 2011

“With the agreement of lawyers on both sides, a federal judge on Thursday indefinitely postponed the sentencing of Antoin “Tony” Rezko, keeping open the possibility that the government could call the former top fundraiser for Rod Blagojevich at the former governor’s retrial.

Prosecutors didn’t call Rezko at Blagojevich’s trial last year, but the government could be re-evaluating that since the jury deadlocked on all but one count against the former governor. He was convicted of lying to the FBI.

Rezko began to cooperate with investigators after a federal jury convicted him in 2008 of extorting millions of dollars from firms seeking state business. He was scheduled to be sentenced Jan. 28. He also faces sentencing for a separate conviction stemming from a fraudulent loan scheme.”

“Prosecutors gave no indication if Rezko would be called to testify in the Blagojevich retrial or the trial of co-defendant William Cellini, a Springfield powerbroker, in August.”

https://citizenwells.wordpress.com/2011/01/08/rezko-sentencing-delayed-indefinitely-blagojevich-trial-cellini-trial-obama-trial/

January 29, 2011

“A federal judge has set a new sentencing date for a convicted influence peddler and one-time fundraiser for former Gov. Rod Blagojevich.

Judge Amy St. Eve told attorneys at a hearing Friday that she’ll sentence Tony Rezko on Oct. 21.

Rezko’s attorneys and prosecutors had asked the judge earlier to delay Rezko’s sentencing to allow for the possibility he could testify at two upcoming trials, including Blagojevich’s corruption retrial in April.

At Friday’s hearing, the defense also argued in favor of a new trial for Rezko based on a U.S. Supreme Court ruling scaling back so-called honest services laws.”

https://citizenwells.wordpress.com/2011/01/29/tony-rezko-sentencing-october-21-2011-blagojevich-trial-witness-rezko-blagojevich-obama-board-rigging/

March 3, 2011

“A federal judge has denied a request from a former fundraiser for impeached ex-Gov. Rod Blagojevich to throw out his 2008 convictions and grant him a new trial.”

“But Judge Amy St. Eve writes in a Thursday ruling that straightforward kickbacks and bribery underpinned Rezko’s convictions — not the disputed legal notion that he failed to provide honest services.”

“Prosecutors accused Rezko of squeezing kickbacks from people seeking state business. Rezko’s cooperated with prosecutors in Blagojevich’s ongoing corruption case and agreed to delay his sentencing until after the former governor’s retrial.”

https://citizenwells.wordpress.com/2011/03/03/rezko-denied-new-trial-judge-amy-st-eve-denied-request-rezko-cooperated-in-blagojevich-trial-why-rezko-not-a-witness/

May 31, 2011

“As a pale, thin-looking Tony Rezko admitted Thursday his two-plus years in jail is wearing on him, the convicted businessman became a possible factor in former Gov. Rod Blagojevich’s April retrial.

Rezko’s January sentencing was postponed to leave open the possibility that the onetime powerful political fund-raiser could testify in either Blagojevich’s trial or that of Downstate businessmen William Cellini, Rezko’s lawyer said. However, prosecutors did not say whether they would tap Rezko.

Meanwhile, Rezko, who spoke briefly at a federal court hearing Thursday, revealed for the first time where he’s being housed — about 150 miles away inside the Dodge County, Wis., lock-up.

“These have been very tough times. … I’ve not seen the outside,’’ Rezko told U.S. District Judge Amy St. Eve. “I have no contact with my family since I’ve been moved to Dodge.’’

A Dodge County jail official said Rezko was moved to the facility Dec. 16, 2008.”
“Rezko’s lawyers said the convicted businessman would like to reap the benefits of testifying and possibly receive a lighter sentence. But he will not seek a delay in sentencing beyond September.”

https://citizenwells.wordpress.com/2011/05/31/tony-rezko-may-2011-court-hearing-rezko-witness-in-blagojevich-trial-rezko-jailed-in-dodge-countywisconsin/

October 3, 2011

“U.S. District Judge Amy St. Eve agreed Monday to a request by prosecutors to delay Rezko’s sentencing — which was most recently set for Oct. 21 — until Nov. 22 so the sentencing doesn’t interfere with the trial of Springfield businessman and longtime political power broker William Cellini.”

https://citizenwells.wordpress.com/2011/10/03/tony-rezko-sentencing-delayed-again-until-november-22-2011-october-3-2011-hearing-rezko-sentenced-after-cellini-trial/

Daniel Frawley, an ex partner of Rezko, scheduled for sentencing yesterday, apparently had his sentencing delayed.

The sentencing of Tony Rezko today will be revealing. Will Rezko be the fall guy or will the deal struck in 2006 protect Rezko as well?