Category Archives: Court of Appeals

Case against Thrivent, NAIC  why arbitration clauses should be banned, If arbitration benefits members why mandate?, Erickson vs Thrivent

Case against Thrivent, NAIC  why arbitration clauses should be banned, If arbitration benefits members why mandate?, Erickson vs Thrivent

“Thrivent contends that its commitment to individual arbitration is ‘”important to the membership because it reflects Thrivent’s Christian Common Bond, helps preserve members’ fraternal relationships, and avoids protracted and adversarial litigation that could undermine Thrivent’s core mission.’”…Thrivent v. Acosta Nov. 3, 2017

“pre-dispute mandatory arbitration provisions are inappropriate in insurance policies and incompatible with the legal duties insurers owe policyholders when handling their claims.”…NAIC, National Association of Insurance Commissioners, August 15, 2016

“Beware of false prophets, which come to you in sheep’s clothing, but inwardly they are ravening wolves.”…Matthew 7:15

 

From Erickson vs Thrivent.

“This case involves an insurance contract between Plaintiff Raymond Erickson and a fraternal benefit society. Insurance contracts issued by a fraternal benefit society generally include the society’s bylaws, as well as any subsequent amendments to the bylaws, provided that the amendments do not reduce the benefits promised in the original contract. This Court must decide whether Erickson is bound by an arbitration clause that was not in his original insurance
contract but was later added to the fraternal benefit society’s bylaws. Because the arbitration clause does not reduce Erickson’s benefits under the contract, this Court finds that the clause applies to him and requires him to arbitrate his claims.”

“Erickson made a claim for benefits under the contract. in December 2014 after he moved into a long-term care facility. Doc. 1 at 13. Thrivent paid Erickson benefits for some time, but terminated them in November 2015. Doc. 1 at 16, 18. Erickson then sued Thrivent in this Court, asserting claims for breach of contract, bad faith, breach of fiduciary duty, punitive damages, and attorney’s fees. Doc. 1. The parties mediated before Magistrate Judge Veronica Duffy, but were unable to resolve their dispute. Doc. 11. Thereafter, Thrivent filed a Motion to Compel Arbitration and argued that the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-14, and the Dispute Resolution Bylaw require this Court to stay the case and compel arbitration. Docs. 14, 15, 21. Erickson opposed the motion, contending that the Dispute Resolution Bylaw is unenforceable for several reasons.”

“State contract law governs whether a valid arbitration agreement exists between Erickson and Thrivent. First Options of Chi .. Inc. v. Kaplan, 514 U.S. 938, 944 (1995). This Court is sitting in diversity jurisdiction, so it applies South Dakota’s choice-of-law rules to determine which state’s laws govern whether a valid arbitration agreement exists. Dakota Foundry, 891 F. Supp. 2d at 1095. The parties disagree on which state’s law should apply, with Thrivent arguing
for Wisconsin law and Erickson arguing for South Dakota law.”

“The issue of which state’s law applies does not raise a material question of fact because the Dispute Resolution Bylaw constitutes a valid arbitration agreement under Minnesota, South Dakota, and Wisconsin law. Minnesota, South Dakota, and Wisconsin have all enacted statutes regulating fraternal benefit societies. Minn. Stat.§§ 64B.Ol–64B.48; SDCL §§ 58-37A-1 to 58-37A-39; Wis. Stat. §§ 614.01–614.96, 632.93. Under these laws, a fraternal benefit society
insurance contract consists of the insurance certificate, the member’s application, and the laws of the society. Minn. Stat. § 64B.19; SDCL § 58-37A-19; Wis. Stat. § 632.93. Critically, Minnesota, South Dakota, and Wisconsin statutes recognize that contracts between a fraternal benefit society and its members include later amendments to the society’s laws, provided that the
amendments do not destroy or diminish the benefits promised in the original contract. . Minn. Stat.§ 64B.19(2) (“Any changes, additions, or amendments to the laws of the society duly made or enacted subsequent to the issuance of the certificate, shall bind the owner and the beneficiaries, and shall govern and control the benefit contract in all respects the same as though the changes, additions, or amendments had been made prior to and were in force at the time of the application for insurance, except that no change, addition or amendment shall destroy or diminish benefits that the society contracted to give the owner as of the date of issuance.”); SDCL § 58-37-A-19 (“Any changes, additions or amendments to the laws of the society made or enacted after the issuance of the certificate, bind the owner and the beneficiaries, and govern and control the benefit contract in all respects the same as though the changes, additions, or
amendments had been made before and were in force at the time of the application for insurance. However, no change, addition, or amendment may destroy or diminish benefits which the society . contracted to give the owner.as of the date of issuance.”); Wis. Stat. § 632.93(2) (“[A]ny changes in the laws of a fraternal made subsequent to the issuance of a policy or certificate bind the
owner and any beneficiary under the policy or certificate as if they had been in force at the time of the application, so long as they do not destroy or diminish benefits promised in the policy or certificate.”). As required by Minnesota, South Dakota and Wisconsin law, Minn. Stat. § 64B.19; SDCL § 58-37-A-19; Wis. Stat.§ 632.93, Erickson’s contract states that the Articles of Incorporation and Bylaws, including any later amendments, are part of the agreement: ”

Read more:

http://eachstorytold.com/2018/07/15/thrivent-and-fraternal-insurance-why-you-should-not-buy-their-insurance-erickson-vs-thrivent-reveals-all-retroactive-contract-changes-mandated-dispute-resolution-and-arbitration-companies-control/

United Insurance vs Office of Insurance Regulation, State of Florida.

“Section 624.155 is a statute regulating the business of insurance. The statute relates, directly or indirectly, to the relationship between the insurance company and the policyholder. The proposed arbitration agreement would impair, invalidate or supersede section 624.155. The statute provides for a civil action — with the relevant procedural protections. The statute also provides for court costs and fees. Mandatory binding arbitration lacks the procedural and constitutional protections (such as jury and appeal to an Article V court) of a civil action.”

Read more:

http://eachstorytold.com/2018/07/15/florida-insurance-statutes-mandatory-binding-arbitration-lacks-the-procedural-and-constitutional-protections-such-as-jury-and-appeal-united-insurance-company-vs-florida-office-of-insurance/

NAIC: Why arbitration clauses should be banned.

“This judicial recognition that mandatory arbitration provisions can interfere with core state and federal Constitutional rights, and that consumers have not “consented” in any meaningful sense to these clauses, apply equally to insurance consumers. This is demonstrated previously in the memorandum presented at the April 5, 2016 Consumer Liaison Meeting in New Orleans, and further detailed by the consumer group Texas Watch.2 Along with our colleagues, we can provide detailed information on these issues if D Committee wishes.
Today we focus on the claims process. The nature of the insurance promise is different from most other consumer services or products, and pre-dispute mandatory arbitration provisions are inappropriate in insurance policies and incompatible with the legal duties insurers owe policyholders when handling their claims.

  • Companies that include pre-dispute mandatory arbitration clauses in their consumer contracts presumably do so because it will be to their advantage should a dispute later occur.
  •  However, handling claims is an essential element of the insurance contract and insurers are required to consider the best interests of their policyholders. Courts frequently describe this broad duty as requiring “the insurer to consider the interests of its policyholder in a manner at least equal to its own.”3
  • Inserting a pre-dispute mandatory arbitration clause in an insurance policy allows the insurer to select the venue most favorable to it should a dispute later occur and therefore makes it less likely that policyholders will assert their rights to dispute their insurers’ claim evaluations, and less likely they will succeed when they do.
  • Insurers convinced that arbitration will benefit policyholders and insurers equally (or policyholders more), should therefore be willing to provide – and not mandate – arbitration as an option when an actual dispute occurs. If arbitration provides a truly neutral forum, then there is no need for an insurer to insist on its use.”

“Insurers that would insist on mandatory arbitration of policyholder disputes have selected the forum that they believe will be more favorable to them than to their policyholders, if not on each individual claim then in the aggregate. However, manipulating the dispute resolution process in this manner conflicts with the duties insurers owe their policyholders and is not holding their policyholders’ interests “at least equal to their own.”

If arbitration was truly a neutral forum rather than one favoring insurers, then there would be no need for an insurer to insist on its use before a dispute has even arisen. Insurers should utilize arbitration only when the policyholder has consented to do so after an actual dispute occurs (which is what the suggested amendment to the Model Unfair Trade Practices Act should accomplish), rather than requiring it in boilerplate language that the policyholder is very unlikely to read, could not bargain over the provision even if she did, and could not make an
informed decision at the point of sale on the merits. True freedom of contract, combined with the fundamental right to a trial, requires a knowing relinquishment of that right, which can only occur voluntarily once a specific dispute has materialized.”

“Taken together, these decisions deliver two clear messages: (1) States can enforce bans on arbitration provisions in insurance contracts, and (2) the likelihood of surviving a FAA preemption argument is often related to the specificity of the prohibition. Our sample language (below) attempts to maximize the power of McCarran-Ferguson by adding it as an amendment to the Model UTPA, which itself states in Section 1 that “The purpose of this Act is to regulate trade practices in the business of insurance in accordance with the intent of
Congress … [citing McCarran-Ferguson],” and by making the ban directly related to insurance contracts.”

Read more:

http://eachstorytold.com/2018/07/16/naic-banning-arbitration-clauses-in-insurance-policies-why-arbitration-clauses-should-be-banned-companies-that-include-pre-dispute-mandatory-arbitration-clauses-do-so-because-it/

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

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Thrivent Financial for Lutherans v. Colin Brock appeal, Thrivent nonpayment of disability benefits, Order denying Thrivent’s motion to confirm arbitration award, Brock alleges fraud corruption or other undue means

Thrivent Financial for Lutherans v. Colin Brock appeal, Thrivent nonpayment of disability benefits, Order denying Thrivent’s motion to confirm arbitration award, Brock alleges fraud corruption or other undue means

“Thrivent contends that its commitment to individual arbitration is ‘”important to the membership because it reflects Thrivent’s Christian Common Bond, helps preserve members’ fraternal relationships, and avoids protracted and adversarial litigation that could undermine Thrivent’s core mission.’”…Thrivent v. Acosta Nov. 3, 2017

“Beware of false prophets, which come to you in sheep’s clothing, but inwardly they are ravening wolves.”…Matthew 7:15

“Martin Luther may or may not have stated ‘Here I Stand’ but his actions certainly did.”…Citizen Wells

 

From Thrivent Financial for Lutherans v. Colin Brock.

“This interlocutory appeal and original proceeding arise from a dispute between Colin Brock and his insurer, Thrivent Financial for Lutherans (“Thrivent”) over nonpayment of disability benefits, which Brock claims Thrivent owes him under a Thrivent insurance policy.   As required by the policy, the trial court compelled the parties to arbitrate.   Following an evidentiary hearing, the arbitrator denied Brock’s claims.   Thrivent moved the trial court to confirm the arbitration award.   In turn, Brock requested the trial court to vacate the arbitration award on the ground that the award was obtained “by fraud, corruption, or other undue means.”   The trial court signed an order denying Thrivent’s motion to confirm the award, vacating the arbitration award, and directing a rehearing before a new arbitrator.   Thrivent appeals the order and also seeks review by way of a petition for writ of mandamus.   Brock contends that we have no appellate jurisdiction over the interlocutory order and requests that the petition for mandamus be denied.

We dismiss Thrivent’s interlocutory appeal for lack of jurisdiction and deny its petition for writ of mandamus.”

https://caselaw.findlaw.com/tx-court-of-appeals/1108836.html

AAL, Aid Association for Lutherans, implemented a change to their contracts, retroactively in 1999, to impose mandatory dispute resolution consisting of Appeal, Mediation and Arbitration in lieu of litigation. Their member dispute resolution program is referred to as MDRP. They claim, and many courts have upheld that they could implement and enforce the change retroactively due to their fraternal status. This has not been challenged in all states and since the states differ on how insurance entities are treated, this is still an open question.

The embracing of mandatory arbitration has become widespread in consumer and employment contracts. This has led to a huge impact on our day in court and given companies much power to control outcomes and continue unsavory practices, harmful to consumers.

This is not just a Thrivent problem or insurance problem, it is a problem affecting the daily lives of all Americans. Thrivent’s practice of using their special status is particularly unjust and alarming and runs contrary to their platitudes touted in company policies.

Thrivent v. Brock revelations and questions.
  • Brock alleges: “the award was obtained ‘by fraud, corruption, or other undue means.’”  We have no way of knowing because the MDRP, culminating in arbitration, was held behind closed doors, out of the light of day of a courtroom.
  • Brock had taken the arbitration decision to trial court and next the appeals court. How much were the legal fees?
  • Thrivent has a large legal staff and engages outside legal firms who specialize in disability cases.
  • How much time elapsed from the first disability claim to the appeals court decision and probable redo of arbitration?
  • What happened next? Arbitration? What was the outcome.
  • What is Colin Brock’s disability? Is it life threatening or painful? Is Mr. Brock getting adequate treatment?
  • Was Mr. Brock able to pay his bills? Feed a family?
  • How has the MDRP process helped Mr. Brock? Did he experience the blessings of the Christian beliefs touted by Thrivent?
  • How many Thrivent members drop out of this MDRP process for various reasons such as too engulfed in pain and stress or discouraged by improper Thrivent procedures and attitudes? Mr. George Tiedemann went through the process for 2 years and dropped out. He was 83.
  • How many Thrivent members were shocked to find out that the policy they took out years earlier, had been modified without their consent or signature?
  • How many Thrivent members sought legal representation to no avail because many attorneys will not touch a case with mandated arbitration?

 

“Thrivent’s Christian Calling

Thrivent’s Lutheran heritage of answering God’s call has led to a strong membership-owned organization that now welcomes Christians seeking to live out their faith.

Fraternal benefit societies have a common bond among members. Thrivent’s common bond is Christianity. We embrace the core Christian beliefs as articulated in the Apostles’ Creed as follows:

I believe in God, the Father almighty, maker of heaven and earth.
I believe in Jesus Christ, his only Son, our Lord, who was conceived by the Holy Spirit, born of the virgin Mary, suffered under Pontius Pilate, was crucified, died, and was buried. He descended into hell. The third day he rose again from the dead. He ascended into heaven and is seated at the right hand of God the Father almighty. From there he will come to judge the living and the dead.
I believe in the Holy Spirit, the holy Christian Church, the communion of saints, the forgiveness of sins, the resurrection of the body, and the life everlasting.

If you share these beliefs, we invite you to join other Thrivent members called to pursue a life of generosity and wisdom with money.”

https://www.thrivent.com/about-us/files/28023.pdf

Here I stand.

 

More here:

https://citizenwells.com/

http://citizenwells.net/

Rod Blagojevich commutation scenarios, Obama grants to silence him, Trump grants and gets Blagojevich to reveal Obama corruption, Blagojevich remains in prison and talks before silenced, Another mysterious death occurs

Rod Blagojevich commutation scenarios, Obama grants to silence him, Trump grants and gets Blagojevich to reveal Obama corruption, Blagojevich remains in prison and talks before silenced, Another mysterious death occurs

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

 

I sincerely hope that Rod Blagojevich does not die of another “mysterious death” (as so many involved with the Clintons and Obama have) before he can reveal the details of Obama’s involvement in Chicago and Illinois corruption.

There is much to tell.

We are left with these questions.

Will Obama grant Blagojevich the commutation he requested?

If not, will Trump grant the commutation with the stipulation that he rat on Obama?

If not, will Blagojevich squeal in prison?

From the AP December 25, 2016.

“One of the last chances for former Illinois Gov. Rod Blagojevich to win early release from federal prison rests on a pending decision by the man whose Senate seat Blagojevich was convicted of trying to sell – President Barack Obama.

Blagojevich, 60, is in the fourth year of a 14-year prison term. He recently submitted a request to have his sentence on wide-ranging corruption convictions commuted, the U.S. Department of Justice has confirmed.

Obama has rarely mentioned his fellow Chicago Democrat since Blagojevich’s December 2008 arrest, a month after Obama won the presidency, so it’s hard to gauge if he’d give Blagojevich’s request for a reduced sentence serious thought.

A look at the commutation process and factors that could influence a decision:

WHAT IT IS

A commutation is a reduction of a sentence, while pardons amount to forgiveness of a crime that also removes restrictions on rights to run for office and vote. In federal cases, only presidents have the power to reduce a sentence.

If Obama doesn’t get around to deciding on Blagojevich’s application before his last day in office, he would leave it for someone else with a tie to the ex-governor to decide: President-elect Donald Trump.

Blagojevich was on Trump’s “Celebrity Apprentice” TV show in 2010. While Trump eventually “fired” Blagojevich as a contestant, he praised Blagojevich for how he fought his criminal case, telling him, “You have a hell of a lot of guts.”

Among the factors Obama can consider is whether Blagojevich’s punishment was disproportionate to the crime. His 14-year prison term was the longest for an Illinois politician for corruption and his lawyers argue it was too severe.”

“One connection between the politicians – an uncomfortable one for Obama – is that he and Blagojevich once shared the same fundraiser, Tony Rezko. Rezko was convicted in June 2008 of fraud, money laundering and bribery.”

Read more:

http://hosted.ap.org/dynamic/stories/U/US_BLAGOJEVICH_COMMUTATION?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2016-12-23-20-19-33

Do you believe that Obama was less guilty than Blagojevich?

Remember, only 2 percent of the wiretaps were released during the Blagojevich trials.

And they were damning for Obama.

From Citizen Wells August 2, 2015.

Blagojevich attorney Len Goodman is requesting that the full court review the appeal that was just ruled on by 3 judges.

How does this fit in with the deal that I am certain was struck with Obama et al?

To protect Obama and keep Blagojevich from talking.

ObamaBlagoNov2008

I wrote this on July 19, 2011:

“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.”

The prosecution and reporting of Rod Blagojevich has been so watered down that it barely resembles what actually happened.

Why?

To protect Obama.

For those of you blinded by the BS from the mainstream media or not familiar with this case, Blagojevich, not Obama was the presumptive presidential candidate in 2006. Within one year it was Obama.

The Blagojevich Administration came under investigation by late 2003 and Tony Rezko was at the center of much of the corruption.

Stuart Levine carried out the orders of Rezko and Obama was closely tied to both men.

Federal investigators soon knew of Obama’s ties to the corruption but for some reason focused more on Blagojevich and chose to wait until after the 2008 elections to arrest him.

Why?

“this guy is more Tony’d up than I am. …. they got the Chicago media to f…ing make me wear Rezko more. To f…ing dilute it from him.…Rod Blagojevich wiretap November 12, 2008

“BLAGOJEVICH: You know, Axelrod and Obama’s people, you know, clearly turned, you know, got the Chicago media to make Rezko all about me. And hardly about…

HARRIS: Yeah, in other words, they focus their,they focus their attention on you. They couldn’t make it go away so the bes-, next best strategy is deflect it.

BLAGOJEVICH: Right.

HARRIS: This is somewhere where it, it’ll satisfy the, the hunger of the beast, being the media.

BLAGOJEVICH: Right, right.

HARRIS: Yeah, it makes sense. It’s not a stretch. If I’m, if I’m his message advisor, media advisor or whatever, operative, yeah I’m gonna try to feed the beast by giving ‘em something else to eat on.”…Rod Blagojevich wiretap November 12, 2008

Here is some background on the complete story from Citizen Wells March 14, 2011.

“This is the first article in a series about corruption in the US Justice Department and specifically an operation I refer to as “Protecting Obama.” Many events smelled back in 2008, but with the passage of time, the stench is corroborated. Below is the Evidentiary Proffer, a summary and timeline of the bulk of evidence that reveals how Obama was protected in the investigation and prosecution of Tony Rezko, Rod Blagojevich, et al. The time is right to present my case. There are enough well documented events to make a strong case. As I have mentioned recently, I have contacted a prominent congressman about this issue and others and this is a way to get the facts in front of the congressman, his staff and the public. The Proffer will certainly be updated from time to time. I will next present an opening statement and then go on to present the case in more detail. However, anyone who has been paying careful attention or who reads this Proffer, will come to the obvious conclusion presented here  of collusion involving the US Justice Department, Patrick Fitzgerald, Barack Obama, and probably Rod Blagojevich and Tony Rezko.

Before reading the Proffer, here is a recap of how important Rezko is to the prosecution of Blagojevich and ultimately indicting Obama.
It is understandable why the Blagojevich defense team does not want Rezko on the stand. Judge Zagel’s comment about Rezko being a bad witness reeks of conspiracy. Convicted felons of all categories are regularly used as witnesses. Stuart Levine, the key witness in the Rezko trial was not only enmeshed in corruption but was a long time drug user.

Here are the approximate number of times that “Rezko” is mentioned in US Justice Department documents.

Indictment:  87 times.
Criminal complaint:  170 times.
Evidentiary Proffer:  288 times.

Even if a strong argument is made against using Rezko as a witness, and good luck with that argument, Stuart Levine was used extensively as a witness in the Rezko trial, and his name was mentioned approx. 146 times in the Blagojevich Criminal Complaint. And remember, Blagojevich’s name was mentioned at least 30 times on one day of the Rezko trial.

 

U.S. Citizens

V.

U.S. Justice Department,

Barack Hussein Obama

Evidentiary Proffer supporting charge of Collusion in protecting Obama during the course of investigating and prosecuting Tony Rezko and Rod Blagojevich.

Jan. – Aug. 2003:  Obama was Chairman of the IL Senate Health and Human Service Committee.
Feb. 20, 2003: Senate Bill 1332 “Illinois Health Facilities Planning Act” filed. Reduced members of IL Health Planning and Facilities Board from 15 to 9.

(Rezko Trial March 13, 2008; 3:09 p.m.)

“Almanaseer was appointed to the planning board in 2003 on Rezko’s recommendation. Prosecutors contend he became part of a five-member voting bloc on the board that followed Rezko’s wishes. Almanaseer said board Chairman Thomas Beck tried to steer his voting.

“He said, ‘If you just don’t know which way to vote, vote the way Mr. Levine votes because that’s the way Tony would want the vote to go,” Almanaseer recalled, referring to Stuart Levine.”

Spring 2003 – Nov 2003: (Rezko trial March 11, 2008; 10:58 a.m.)

“Jennifer Thomas, a former aide to Gov. Rod Blagojevich’s patronage chief Joe Cini, continued on the stand Tuesday morning and gave a few more insights into those regular Monday morning meetings she and Cini held in 2003 with Antoin “Tony” Rezko at his office.”

“Thomas said Rezko floated the names of several people to sit on the Illinois Health Facilities Planning Board, which the government claims Rezko corrupted with the help of board member Stuart Levine. And Thomas said Rezko at one point made it clear that he wanted to see Levine reappointed to the panel, which was being overhauled by the governor in 2003.”
May 21, 2003: Senate Bill 1332 passed by House and Senate.
June 27, 2003: Blagojevich made this the effective date of Senate Bill 1332.
June 2003: (Rezko trial March 10, 2008; 4:16 p.m.)

“Ziegelmueller asked Hayden about a 2003 e-mail exchange with Lichtenstein, then the governor’s top lawyer, in which Wilhelm made recommendations for the Illinois Health Facilities Planning Board.
The name of Barack Obama, the Democratic front-runner for the presidential nomination, also appears in the e-mail as a member of a strategic team reviewing hospital board matters with the governor’s staff when he was a state senator. The hospital board was scheduled to be revamped in the summer of 2003.
Obama was then chairman of the Senate Committee on Health & Human Services.”
June 30, 2003: Obama gets the following donations.

$5000 Ali Ata was appointed as Director at IFA
$6000 Alison Davis gets appointment on Investment Board
$15,000 Dr. Michael Malek gets appointment on Hospital Facility Board
$5000  Abdelhamid Chaib’s wife gets appointment on Employee Security Board
$10,000 Elie Maloof – Rezko used him as one of several strawmen to donate funds to certain politicians.
$1000  Phil Cacciatore (one of Auchi’s Riverside Park Investors) gets seat on Board
$1000  Velma Butler (one of Auchi’s Riverside Park Investors) was recommended for Board
$1000  Martello Pollack (Vegas Crystal Comm) received Iraqi Construction contracts
$1000 Jack Carriglio gets appointed to Board
$500  Anthony Abboud gets appointed to Board
$3000 Michael Winter, who helped Rezko in funneling kickbacks through investment firm
$1000 Talat Othman gets appointed to Board
$1000 David Gustman, $1000 from Gustman’s wife after he is appointed Board Chairman
Late 2003: Earliest documented awareness by FBI and Patrick Fitzgerald of corruption in Blagojevich admin. Pamela Meyer Davis agreed to secretly record conversations involving state health planning board with an FBI wire.
Oct. 29, 2003: Blagojevich interest in presidency (Blagojevich criminal complaint pg 14).

“During the conversation, Cari and ROD BLAGOJEVICH discussed Cari’s fundraising background and work as a national fundraiser. ROD BLAGOJEVICH discussed his interest in running for President of the United States.”
Dec 17, 2003: Former Governor George Ryan indicted.

http://www.justice.gov/usao/iln/indict/2003/warner_ryan.pdf
Dec 31, 2003: (NY Times)

“Mr. Fitzgerald announced that he was prosecuting former Gov. George Ryan, a Republican, in a scandal that had been swirling around long before Mr. Fitzgerald got here and that many people thought would never touch the most powerful politicians in Illinois. But there Mr. Fitzgerald was, a week before Christmas, ticking off the details of a 91-page indictment against Mr. Ryan, seemingly from memory.

That, even Mr. Fitzgerald’s former opponents in the courtroom say, is classic Fitzgerald: dogged, dispassionate and endlessly prepared.”
2004 – 2005: (February 10, 2008 Sun-Times)

“In the media, Obama always made it sound like he rarely saw Rezko, saying they met for breakfast or lunch once or twice a year. However, the FBI mole John Thomas helped investigators “build a record of repeat visits to the old offices of Rezko and former business partner Daniel Mahru’s Rezmar Corp., at 853 N. Elston, by Blagojevich and Obama during 2004 and 2005,“

During his March 14, 2008 interview, the Times told Obama, Thomas is an FBI mole and he “recently told us that he saw you coming and going from Rezko’s office a lot.”

“And three other sources told us that you and Rezko spoke on the phone daily.””
March – May 2004: (Rezko trial exhibits)

FBI chart presented to the jury on April 28, 2008, shows 257 calls from Rezko’s phones to Blagojevich’s chief of staff, Lon Monk, between March 2004 and May 2004 alone.

http://www.justice.gov/usao/iln/hot/us_v_rezko_exhibits/2008_04_28/phone_chart_07.pdf

April 3, 2004: (April 14, 2008; 12:57 p.m. Rezko trial transcripts)

“Stuart Levine, the prosecution’s star witness, said he and Obama were at a party Rezko threw at his Wilmette mansion on April 3, 2004, for Nadhmi Auchi, a controversial Iraqi-born billionaire who Rezko was trying to get to invest in a South Loop real-estate development.

Auchi, now a citizen of the United Kingdom, has faced criminal charges in Europe. He also figured in the revocation of Rezko’s bond early this year after attempting to wire him more than $3 million. Upon learning of that attempt, U.S. District Judge Amy St. Eve declared Rezko a flight risk and ordered him held in a federal jail in the Loop.

The Rezko party in 2004 was designed to induce Auchi to pour money into the South Loop investment. Obama’s presence at the party was not previously known. At the time, Obama was fresh off a surprise win in the Illinois Democratic primary for U.S. Senate and was riding a crest of national publicity.”
April 8 – May 21, 2004: (Rezko Trial March 12, 2008; 11:11 a.m.)

“FBI Special Agent Daniel Cain, the primary case agent on the investigation into Levine and Rezko, is on the stand now in testimony that is laying the foundation for entering the wiretaps into evidence.

Cain said the investigation, dubbed Operation Board Games by the federal agents, began in December 2003 and was prompted by information gleaned from an informant whom he did not identify. That witness, he said, took part in meetings with two other individuals who were in contact with Levine by phone at his home.

Cain said Levine had three phone lines in his North Shore home. Federal agents recorded conversations on those lines April 8-May 21, 2004. Those dates span the time when Levine, Rezko and others allegedly were working to rig the hospital board vote on a Mercy Health System hospital proposal for Crystal Lake and other kickback schemes prosecutors claim they were engaged in.”
April 21, 2004: (Rezko Trial March 11, 2008; 5:27 p.m.)

“The former lawyer for a state board that regulates hospital expansions took the stand late in the afternoon and said she told Stuart Levine of her concern after an odd vote on the Mercy Hospital project that included Levine whispering to other board members before the project was approved.

His response was no less troubling, she said.

“He shrugged his shoulders and said, ‘Sometimes you have to be a good soldier,’” said Anne Murphy, the former lawyer for the Illinois Health Facilities Planning Board.

Murphy said Levine’s remark followed a vote that saw the plan for a new hospital in Crystal Lake squeak by with the minimum of five votes in favor on the nine-member board.

With eight members present at the April 2004 meeting, Murphy said the vote was stalled with three members voting “yes,” two voting “no” and two abstentions when Chairman Thomas Beck was called to give his vote.

Beck said, “Where’re we at?” Murphy testified. He then went over to whisper with Levine off the record, she said. When that conversation ended, Murphy said, Levine got up and whispered to Imad Almanaseer.

Beck then voted yes, Murphy testified, and Almanaseer changed his vote to “yes,” giving the plan the necessary votes to pass.

“There was an audible, collective gasp across the room,” Murphy recalled of the April 2004 meeting.

Prosecutors contend the five members who voted for the hospital were a Levine-led bloc that Rezko had placed on the board and controlled. The two were charged with arranging to accept a kickback from the builder who was going to build the Mercy project in Crystal Lake.

The entire board was new as of the summer of 2003, Murphy said. She said she had given the new members memos on ethics, including conflicts of interest.”

May 18, 2004: (March 21, 2008; 12:10 p.m. Rezko trial transcripts)

“Another government wiretap has been played with Antoin “Tony” Rezko’s voice on it, and this one could prove damaging to his defense. On the tape, recorded May 18, 2004, Rezko can be heard giving orders to political fixer Stuart Levine about how he wanted to manipulate the vote of one of Levine’s fellow members on the Illinois Health Facilities Planning board, Danalynn Rice.

June 7, 2004: Stuart Levine, member of the Illinois Health Facilities Planning Board, abruptly resigns. This is the first indication that the Blagojevich administration is under federal criminal investigation.

July 2, 2004: Stuart Levine resigns from the state Teachers’ Retirement System board.
July 27, 2004: Obama Democratic Convention Speech.
May 9, 2005: Stuart Levine indicted on corruption charges. Federal subpoena issued to Tony Rezko.
June 15, 2005: Obama purchases home next door to Rezko for $1.65 million, $300,000 less than the asking price.
June 15, 2005: Rita Rezko, Tony’s wife purchased plot next door for $625,000 asking price.
Sept. 15, 2005: Joseph Cari, former lawyer for the state’s teacher’s pension board pleads guilty to extortion. A high ranking public official is described in court documents only as “Public official A.”
Oct. 25, 2005: The Chicago Tribune reports about a federal grand jury investigation into the alleged political hiring practices of the Blagojevich administration.
Late 2005 early 2006: From the Kenneth J. Conner complaint against Mutual Bank filed Oct. 16, 2008. The lawsuit is still active.

“11.  In late 2005 or early 2006, Conner performed an appraisal review of the Adams Appraisal (Exhibit C) per the directive of Richard Barth and James Murphy. Conner prepared a written Appraisal Review report (ARR) opining that the Adams Appraisal overvalued the Greenwood lot by a minimum of $ 125,000.00″

“18.  On October 23, 2007, eight days after Conner’s October 15, 2007 email to Schlabach attached as Exhibit J, Mutual Bank terminated Conner’s employment for pretextual reasons.”

Conner later told World Net daily when he initially was fired, that the bank and the Rezkos were engaged in “fraud, bribes or kickbacks, use whatever term you want,” to benefit the Obamas.

Soon after the Blagojevich arrest, Conner was interviewed by investigators from Fitzgerald’s office.
Jan. 2006: Rita Rezko sells the Obamas one-sixth of her lot for $104,500.
Feb. 4, 2006: (Chicago Sun-Times)

“Illinois Gov. Rod Blagojevich has always been rumored to be interested in higher office. A single entry in a campaign-finance report he filed this week could add fuel to the speculation.

Blagojevich paid $7,500 in December to one of the top Democratic political strategists in Iowa, where contacts are important for anyone with presidential aspirations.”
Feb. 19, 2006: Blagojevich began his 2006 re-election to IL Governor.
Aug. 5, 2006: The Chicago Tribune reports that Stuart Levine is cooperating with the federal investigation of state government.
Aug. 11-20 2006: Illinois State Fair. “We’ve got a governor in Rod Blagojevich who has delivered consistently on behalf of the people of Illinois,” Obama told the crowd.
Oct. 11, 2006: Tony Rezko is indicted on federal charges he sought millions of dollars in kickbacks and campaign donations from firms seeking state business.

Oct. 22, 2006: Obama publicly states he is considering a run for the Presidency.
Oct. 27, 2006: Stuart Levine pleads guilty in a scheme to squeeze millions of dollars from firms seeking state business. Court papers contain allegations that Rezko and  Christopher Kelly were using their influence for corrupt purposes.
Nov. 7, 2006 (Chicago SunTimes)

“The Rezko story broke last week, when Obama was wrapping up a national tour serving several purposes: promote his new book, The Audacity of Hope, raise money and stump for Democrats, and lay the groundwork for a possible 2008 White House bid.”
Jan. 16, 2007:  Obama announces his intention to run for president.

“I’ve navigated some fairly difficult territory in my political career and, you know, there are some folks in Springfield who are pretty wily.

And I’ve always been able to operate effectively, but also do so in a way that’s consistent with my values and ethics. I make no claims of perfection, but I think that generally my judgment and my assessments of people have been pretty good and that’s part of how I’ve stayed out of trouble in what can be a pretty hurly burly political environment. ….. I think that the way [voters should view the Rezko relationship] is that I made a mistake in not seeing the potential conflicts of interest or appearances of impropriety. But they should see somebody who was not engaged in any wrongdoing, who did not in any way betray the public trust, who has maintained consistently high ethical standards and who they can trust.”
Feb 10, 2008: (Chicago Sun-Times)

“Sources said Thomas helped investigators build a record of repeat visits to the old offices of Rezko and former business partner Daniel Mahru’s Rezmar Corp., at 853 N. Elston, by Blagojevich and Obama during 2004 and 2005.”
March 6, 2008: Rezko trial begins.
April 22, 2008: Ali Ata pleads guilty to obstruction of justice and agrees to cooperate.
May 2, 2008: Illinois Senate narrowly defeated a measure aimed at giving voters a chance to recall Gov. Rod Blagojevich.
June 4, 2008: Rezko convicted on 16 of 24 counts.
Count 1 contains ties to Blagojevich and Obama.

The following conviction counts are related to Mercy Hospital and the rigging of the Planning Board.

1, 11, 12, 14, 15

A large portion of the testimony in the Rezko Trial was about the rigging of the Planning Board.
Aug. 20, 2008: Rezko sentencing delayed.
Oct. 9, 2008: Rezko sentencing delayed.
Oct. 30, 2008: William Cellini indicted
Nov. 4, 2008: Washington Times report.

“A former Illinois real estate specialist says FBI agents have questioned him about a Chicago property that had been bought by convicted felon Tony Rezko’s wife and later sold to the couple’s next-door neighbor, Sen. Barack Obama.

The real estate specialist, Kenneth J. Conner, said bank officials replaced an appraisal review he prepared on the property and FBI agents were investigating in late 2007 whether the Rezko-Obama deal was proper.

“Agents and I talked about payoff, bribe, kickback for a long time, though it took them only a short number of minutes of talking with me while looking at the appraisal to acknowledge what they already seemed to know: The Rezko lot was grossly overvalued,” Mr. Conner told The Washington Times Monday.

“Rezko paid the asking price on the same day Obama paid $300,000 less than the asking price to the same seller for his adjacent mansion,” he said. “This begs the question of payoff, bribe, kickback.””

Dec. 7, 2008: Criminal complaint of Blagojevich. Nine individuals is important. Obama helped passed a bill to reduce the number from 15 to 9.

“b. Corruption of the Planning Board”
“At the relevant time period, the Planning Board consisted of nine individuals.”

“Planning Board” (IL Health Facilities Planning Board) is mentioned 31 times.

“Rezko” is mentioned 170 times.

“Hospital” in context of Mercy Hospital mentioned 8 times.
Dec. 9, 2008: Blagojevich arrested

“Fitzgerald said, “We make no allegations” that Obama was aware of any alleged scheming by Blagojevich.”
Jan. 9, 2009: IL House votes 114 to 1 to impeach Blagojevich.
Jan 29, 2009: IL Senate removes Blagojevich from office.
Feb 12, 2009: “US Attorney Patrick Fitzgerald, who brought criminal fraud charges against former Illinois Gov. Rod Blagojevich, will stay on with the Obama administration, reports Pete Williams at NBC.”
APRIL 2, 2009: Press release, Superceding Indictment. There is no mention of nine board members.

“Planning Board” (IL Health Facilities Planning Board) is mentioned 7 times

“Rezko” is mentioned 100 times.

http://www.justice.gov/usao/iln/pr/chicago/2009/pr0402_01a.pdf
July 30,  2009: Patrick Fitzgerald, the top prosecutor in Illinois’ Northern District, has been named interim chairman of the Attorney General’s Advisory Committee of U.S. Attorneys (AGAC).
Feb. 4, 2010: Second superceding indictment. There is no mention of nine board members.

“Planning Board” (IL Health Facilities Planning Board) is mentioned 7 times

“Rezko” is mentioned 87 times.

“Hospital” in context of Mercy Hospital mentioned 1 time.

http://www.justice.gov/usao/iln/pr/chicago/2010/pr0204_02a.pdf
April 14, 2010: Evidentiary Proffer include 9 members statement.

“During the relevant time period, the Planning Board consisted of nine individuals.”

“Rezko was able to obtain significant influence over the affairs of the Planning Board by arranging for Blagojevich to appoint five of Rezko’s associates and/or friends, including Levine, as members of the Planning Board in 2003.”

“Rezko” is mentioned 288 times.

“Hospital” in context of Mercy Hospital mentioned 18 times.
April 22, 2010: Motion filed to subpoena Obama and redacted parts revealed.

“22. However, the defense has a good faith belief that Mr. Rezko, President Obama’s former friend, fund-raiser, and neighbor told the FBI and

the United States Attorneys

Redacted:

a different story about President Obama. In a recent in camera proceeding, the government tendered a three paragraph letter indicating that Rezko “has stated
in interviews with the government that he engaged in election law violations by personally contributing a large sum of cash to the campaign of a public official who is not Rod Blagojevich. … Further, the public official denies being aware of cash contributions to his campaign by Rezko or others and denies having conversations with Rezko related to cash contributions. … Rezko has also stated in interviews with the government that he believed he transmitted a quid pro quo offer from a lobbyist to the public official, whereby the lobbyist would hold a fundraiser for the official in exchange for favorable official action, but that the public official rejected the offer. The public official denies any such conversation. In addition, Rezko has stated to the government that he and the public official had certain conversations about gaming legislation and administration, which the public official denies having had.”10

10 The defense has a good faith belief that this public official is Barack Obama.”

June 29, 2010: Judge Zagel  said there was a word to describe witnesses like Rezko  who damage whatever side calls them to testify.

“generally explains why they’re not called.”

Aug. 17, 2010: Blagojevich convicted of 1 of 24 counts. Neither Rezko or Levine were called as witnesses. One juror held out from indicting on more counts. The trial was much shorter than predicted . Approx 2% of the wiretaps were presented.
Jan. 6, 2011: Rezko sentencing delayed indefinitely.
Jan. 28, 2011: Rezko sentencing set for October 21, 2011.
Feb. 24, 2011: Counts 1,2,4 in the Blagojevich Indictment are dropped. This represents approx. half of the indictment and includes numerous corruption ties to Blagojevich and Obama.

The only reference left to “Hospital” in context of Mercy Hospital was in count one.
March 9, 2011: Blagojevich files motion to be sentenced on one conviction charge.

https://citizenwells.com/2015/08/02/blagojevich-appeal-prosecution-delays-protect-obama-august-2-2015-truth-behind-blagojevich-obama-chicago-corruption-2-percent-of-wiretaps-reveal-much-is-their-deal-playing-out-or-will-blagojevich/

 

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

 

Ted Cruz Illinois court eligibility appeal, Lawrence Joyce plaintiff, Cruz not natural born citizen, Judge Maureen Ward Kirby will hear arguments at Circuit Court of Cook County in Chicago, Cruz born in Canada

Ted Cruz Illinois court eligibility appeal, Lawrence Joyce plaintiff, Cruz not natural born citizen, Judge Maureen Ward Kirby will hear arguments at Circuit Court of Cook County in Chicago, Cruz born in Canada

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”…Laurence H. Tribe, Harvard Law Professor

“Ted Cruz wrote the forward for U.S. Constitution for Dummies which clearly reveals that he is not a natural born citizen.”…IL ballot challenger Bill Graham

“Moore said he’s seen no convincing evidence that Obama is a “natural born citizen” and a lot of evidence that suggests he is not.”…Judge Roy Moore interview by WND

 

 

From New York Magazine February 18, 2016.

“Lawsuit Over Ted Cruz’s Eligibility to Run for President Heads to Court”

“During Wednesday night’s CNN town hall, Ted Cruz dismissed the latest legal threat from Donald Trump, assuring a voter that he’s definitely eligible to run for president. “Under the law the question is clear,” he said. “There will still be some who try to work political mischief on it, but as a legal matter this is clear and straightforward.” Unlike Cruz’s right to air old footage of Trump on Meet the Press in a campaign ad, the issue raised by Cruz’s birth in Canada to an American mother actually isn’t settled — but now it looks like we may finally get an answer. CNN reports that an Illinois judge has agreed to hear arguments in a lawsuit challenging Cruz’s eligibility on Friday.

The lawsuit in question actually has nothing to do with Trump (though, it’s unlikely we’d be debating the obscure legal arguments over whether Cruz is a “natural born citizen” if it weren’t for the ex–reality star). Suburban lawyer Lawrence Joyce initially filed an objection to Cruz’s placement on the primary ballot with the Illinois Board of Elections, but it was dismissed earlier this month. Now the Circuit Court of Cook County in Chicago has agreed to hear the case.

Legal challenges over Cruz’s eligibility have been filed in at least three states. Joyce seems primarily concerned about the political fallout from the questions surrounding Cruz’s candidacy, rather than the possibility of a secret Canadian infiltrating the U.S. government. He told Chicago’s WLS that he’s concerned about what would happen if the challenge came from a Democrat in the fall after Cruz secured the GOP nomination. “At that point, all of his fundraising would dry up. And his support in the polls would drop dramatically. He may be forced at that point to resign the nomination,” he said.”

Read more:

http://nymag.com/daily/intelligencer/2016/02/ted-cruz-eligibility-case-heads-to-court.html

Blagojevich amicus brief urges supreme court to hear case, Blagojevich SCOTUS appeal update January 18, 2016, Time to file response to petition extended twice, Brief amici curiae of current and former elected officials

Blagojevich amicus brief urges supreme court to hear case, Blagojevich SCOTUS appeal update January 18, 2016, Time to file response to petition extended twice, Brief amici curiae of current and former elected officials

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

 

 

The US Supreme Court website reveals the following status of the Rod Blagojevich appeal:

No. 15-664
Title:
Rod Blagojevich, Petitioner
v.
United States
Docketed: November 19, 2015
Lower Ct: United States Court of Appeals for the Seventh Circuit
  Case Nos.: (11-3853)
  Decision Date: July 21, 2015
  Rehearing Denied: August 19, 2015

 

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Nov 17 2015 Petition for a writ of certiorari filed. (Response due December 21, 2015)
Dec 16 2015 Order extending time to file response to petition to and including January 20, 2016.
Dec 21 2015 Brief amici curiae of Current and Former Elected Officials, et al. filed.
Jan 7 2016 Order further extending time to file response to petition to and including February 19, 2016.

http://www.supremecourt.gov/search.aspx?filename=/docketfiles/15-664.htm

An amicus brief was filed on December 21, 2015 by attorney Alan R. Friedman on behalf of Current and Former Elected Officials, et al.

List of Amici Curiae:

Jan Schakowsky is an incumbent member of the
United States House of Representatives from Illinois.

Danny Davis is an incumbent member of the United
States House of Representatives from Illinois.

Mike Quigley is an incumbent member of the United
States House of Representatives from Illinois.

Bobby Rush is an incumbent member of the United
States House of Representatives from Illinois.

Bob Barr is a former United States Attorney
and a former member of the United States House of
Representatives from Georgia.

William Lipinski is a former member of the United
States House of Representatives from Illinois.

David Phelps is a former member of the United States
House of Representatives from Illinois.

Glenn Poshard is a former member of the United
States House of Representatives from Illinois and a
former President of Southern Illinois University.

Emil Jones is a former President of the Illinois
Senate and a former member of the Illinois House of
Representatives.

Carol Ronen is a former member of the Illinois Senate.
Skip Saviano, is a former member of the Illinois House
of Representatives. He is the current Village President
of Elmwood Park

Margaret Blackshere is a former President of the
Illinois AFL-CIO.

Edward M. Smith is a former Vice-President of
Laborers’ International Union of North America, Midwest
Region.

From the brief:

“Summary of Argument

Amici urge the Court to grant the writ on the first
question presented by Petitioner in order to address an
issue of national importance. Although amici take no
position on Mr. Blagojevich’s innocence or guilt on any
of the counts of conviction, they submit that this Court’s
guidance is needed to distinguish the lawful solicitation of
campaign contributions from criminal violations of federal
extortion, bribery, and fraud laws. In McCormick v. United
States, the Court acknowledged that—given the system
of private political campaign financing that has existed in
the United States since the nation’s inception—political
candidates and incumbents alike cannot realistically avoid
soliciting campaign funds from the very constituents whose
interests they may later advance through the support of
specific legislation or other official acts. 500 U.S. 257, 272
(1991). As a result, McCormick held that extortion based
on soliciting campaign contributions requires a quid pro
quo in the form of an “explicit promise or undertaking”
by a public official to perform or not perform an official
act. However, the Court’s subsequent decision in Evans v.
United States, 504 U.S. 255 (1992), has blurred the relative
clarity of McCormick’s holding.

Circuit courts have since struggled to determine
whether and how Evans modified McCormick’s holding
regarding extortion under color of official right, bribery,
and fraud in the solicitation of campaign contributions.2
Confusion in the lower courts is problematic for lawabiding
politicians and donors who wish to avoid prohibited
conduct and threatens to discourage candidates and
their supporters from legitimate campaign solicitation
and donation activities. It is particularly important in
the campaign contribution context—where contributors
generally assume that the supported candidate’s election
will benefit the contributor’s interests—that brightline
standards exist to guide prosecutors and juries to
avoid selective enforcement against unpopular political
candidates or donors. In addition, the Circuit Courts are
split on whether Evans applies to campaign contributions,
and this Court’s guidance is needed to restore national
uniformity to this area of the law.

Amici respectfully submit that it is important to
the effective operation of the nation’s political system
that the Court clarify the legal standard to distinguish
between the necessary, legitimate solicitation of
campaign contributions, on the one hand, and unlawful
extortion, bribery, and fraud, on the other. The Court’s
consideration of this issue is needed to guide individual
political candidates and donors who wish to confidently
and lawfully engage in campaign financing activities.”

http://electionlawblog.org/wp-content/uploads/Blagojevich_Amicus_Brief.pdf

Blagojevich appeal prosecution delays protect Obama, August 2, 2015, Truth behind Blagojevich Obama Chicago corruption, 2 percent of wiretaps reveal much, Is their deal playing out or will Blagojevich talk more?

Blagojevich appeal prosecution delays protect Obama, August 2, 2015, Truth behind Blagojevich Obama Chicago corruption, 2 percent of wiretaps reveal much, Is their deal playing out or will Blagojevich talk more?

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

 
Blagojevich attorney Len Goodman is requesting that the full court review the appeal that was just ruled on by 3 judges.

How does this fit in with the deal that I am certain was struck with Obama et al?

To protect Obama and keep Blagojevich from talking.

ObamaBlagoNov2008

I wrote this on July 19, 2011:

“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.”

The prosecution and reporting of Rod Blagojevich has been so watered down that it barely resembles what actually happened.

Why?

To protect Obama.

For those of you blinded by the BS from the mainstream media or not familiar with this case, Blagojevich, not Obama was the presumptive presidential candidate in 2006. Within one year it was Obama.

The Blagojevich Administration came under investigation by late 2003 and Tony Rezko was at the center of much of the corruption.

Stuart Levine carried out the orders of Rezko and Obama was closely tied to both men.

Federal investigators soon knew of Obama’s ties to the corruption but for some reason focused more on Blagojevich and chose to wait until after the 2008 elections to arrest him.

Why?

“this guy is more Tony’d up than I am. …. they got the Chicago media to f…ing make me wear Rezko more. To f…ing dilute it from him.…Rod Blagojevich wiretap November 12, 2008

“BLAGOJEVICH: You know, Axelrod and Obama’s people, you know, clearly turned, you know, got the Chicago media to make Rezko all about me. And hardly about…

HARRIS: Yeah, in other words, they focus their,they focus their attention on you. They couldn’t make it go away so the bes-, next best strategy is deflect it.

BLAGOJEVICH: Right.

HARRIS: This is somewhere where it, it’ll satisfy the, the hunger of the beast, being the media.

BLAGOJEVICH: Right, right.

HARRIS: Yeah, it makes sense. It’s not a stretch. If I’m, if I’m his message advisor, media advisor or whatever, operative, yeah I’m gonna try to feed the beast by giving ‘em something else to eat on.”…Rod Blagojevich wiretap November 12, 2008

Here is some background on the complete story from Citizen Wells March 14, 2011.

“This is the first article in a series about corruption in the US Justice Department and specifically an operation I refer to as “Protecting Obama.” Many events smelled back in 2008, but with the passage of time, the stench is corroborated. Below is the Evidentiary Proffer, a summary and timeline of the bulk of evidence that reveals how Obama was protected in the investigation and prosecution of Tony Rezko, Rod Blagojevich, et al. The time is right to present my case. There are enough well documented events to make a strong case. As I have mentioned recently, I have contacted a prominent congressman about this issue and others and this is a way to get the facts in front of the congressman, his staff and the public. The Proffer will certainly be updated from time to time. I will next present an opening statement and then go on to present the case in more detail. However, anyone who has been paying careful attention or who reads this Proffer, will come to the obvious conclusion presented here  of collusion involving the US Justice Department, Patrick Fitzgerald, Barack Obama, and probably Rod Blagojevich and Tony Rezko.

Before reading the Proffer, here is a recap of how important Rezko is to the prosecution of Blagojevich and ultimately indicting Obama.
It is understandable why the Blagojevich defense team does not want Rezko on the stand. Judge Zagel’s comment about Rezko being a bad witness reeks of conspiracy. Convicted felons of all categories are regularly used as witnesses. Stuart Levine, the key witness in the Rezko trial was not only enmeshed in corruption but was a long time drug user.

Here are the approximate number of times that “Rezko” is mentioned in US Justice Department documents.

Indictment:  87 times.
Criminal complaint:  170 times.
Evidentiary Proffer:  288 times.

Even if a strong argument is made against using Rezko as a witness, and good luck with that argument, Stuart Levine was used extensively as a witness in the Rezko trial, and his name was mentioned approx. 146 times in the Blagojevich Criminal Complaint. And remember, Blagojevich’s name was mentioned at least 30 times on one day of the Rezko trial.

 

U.S. Citizens

V.

U.S. Justice Department,

Barack Hussein Obama

Evidentiary Proffer supporting charge of Collusion in protecting Obama during the course of investigating and prosecuting Tony Rezko and Rod Blagojevich.

Jan. – Aug. 2003:  Obama was Chairman of the IL Senate Health and Human Service Committee.
Feb. 20, 2003: Senate Bill 1332 “Illinois Health Facilities Planning Act” filed. Reduced members of IL Health Planning and Facilities Board from 15 to 9.

(Rezko Trial March 13, 2008; 3:09 p.m.)

“Almanaseer was appointed to the planning board in 2003 on Rezko’s recommendation. Prosecutors contend he became part of a five-member voting bloc on the board that followed Rezko’s wishes. Almanaseer said board Chairman Thomas Beck tried to steer his voting.

“He said, ‘If you just don’t know which way to vote, vote the way Mr. Levine votes because that’s the way Tony would want the vote to go,” Almanaseer recalled, referring to Stuart Levine.”

Spring 2003 – Nov 2003: (Rezko trial March 11, 2008; 10:58 a.m.)

“Jennifer Thomas, a former aide to Gov. Rod Blagojevich’s patronage chief Joe Cini, continued on the stand Tuesday morning and gave a few more insights into those regular Monday morning meetings she and Cini held in 2003 with Antoin “Tony” Rezko at his office.”

“Thomas said Rezko floated the names of several people to sit on the Illinois Health Facilities Planning Board, which the government claims Rezko corrupted with the help of board member Stuart Levine. And Thomas said Rezko at one point made it clear that he wanted to see Levine reappointed to the panel, which was being overhauled by the governor in 2003.”
May 21, 2003: Senate Bill 1332 passed by House and Senate.
June 27, 2003: Blagojevich made this the effective date of Senate Bill 1332.
June 2003: (Rezko trial March 10, 2008; 4:16 p.m.)

“Ziegelmueller asked Hayden about a 2003 e-mail exchange with Lichtenstein, then the governor’s top lawyer, in which Wilhelm made recommendations for the Illinois Health Facilities Planning Board.
The name of Barack Obama, the Democratic front-runner for the presidential nomination, also appears in the e-mail as a member of a strategic team reviewing hospital board matters with the governor’s staff when he was a state senator. The hospital board was scheduled to be revamped in the summer of 2003.
Obama was then chairman of the Senate Committee on Health & Human Services.”
June 30, 2003: Obama gets the following donations.

$5000 Ali Ata was appointed as Director at IFA
$6000 Alison Davis gets appointment on Investment Board
$15,000 Dr. Michael Malek gets appointment on Hospital Facility Board
$5000  Abdelhamid Chaib’s wife gets appointment on Employee Security Board
$10,000 Elie Maloof – Rezko used him as one of several strawmen to donate funds to certain politicians.
$1000  Phil Cacciatore (one of Auchi’s Riverside Park Investors) gets seat on Board
$1000  Velma Butler (one of Auchi’s Riverside Park Investors) was recommended for Board
$1000  Martello Pollack (Vegas Crystal Comm) received Iraqi Construction contracts
$1000 Jack Carriglio gets appointed to Board
$500  Anthony Abboud gets appointed to Board
$3000 Michael Winter, who helped Rezko in funneling kickbacks through investment firm
$1000 Talat Othman gets appointed to Board
$1000 David Gustman, $1000 from Gustman’s wife after he is appointed Board Chairman
Late 2003: Earliest documented awareness by FBI and Patrick Fitzgerald of corruption in Blagojevich admin. Pamela Meyer Davis agreed to secretly record conversations involving state health planning board with an FBI wire.
Oct. 29, 2003: Blagojevich interest in presidency (Blagojevich criminal complaint pg 14).

“During the conversation, Cari and ROD BLAGOJEVICH discussed Cari’s fundraising background and work as a national fundraiser. ROD BLAGOJEVICH discussed his interest in running for President of the United States.”
Dec 17, 2003: Former Governor George Ryan indicted.

http://www.justice.gov/usao/iln/indict/2003/warner_ryan.pdf
Dec 31, 2003: (NY Times)

“Mr. Fitzgerald announced that he was prosecuting former Gov. George Ryan, a Republican, in a scandal that had been swirling around long before Mr. Fitzgerald got here and that many people thought would never touch the most powerful politicians in Illinois. But there Mr. Fitzgerald was, a week before Christmas, ticking off the details of a 91-page indictment against Mr. Ryan, seemingly from memory.

That, even Mr. Fitzgerald’s former opponents in the courtroom say, is classic Fitzgerald: dogged, dispassionate and endlessly prepared.”
2004 – 2005: (February 10, 2008 Sun-Times)

“In the media, Obama always made it sound like he rarely saw Rezko, saying they met for breakfast or lunch once or twice a year. However, the FBI mole John Thomas helped investigators “build a record of repeat visits to the old offices of Rezko and former business partner Daniel Mahru’s Rezmar Corp., at 853 N. Elston, by Blagojevich and Obama during 2004 and 2005,“

During his March 14, 2008 interview, the Times told Obama, Thomas is an FBI mole and he “recently told us that he saw you coming and going from Rezko’s office a lot.”

“And three other sources told us that you and Rezko spoke on the phone daily.””
March – May 2004: (Rezko trial exhibits)

FBI chart presented to the jury on April 28, 2008, shows 257 calls from Rezko’s phones to Blagojevich’s chief of staff, Lon Monk, between March 2004 and May 2004 alone.

http://www.justice.gov/usao/iln/hot/us_v_rezko_exhibits/2008_04_28/phone_chart_07.pdf

April 3, 2004: (April 14, 2008; 12:57 p.m. Rezko trial transcripts)

“Stuart Levine, the prosecution’s star witness, said he and Obama were at a party Rezko threw at his Wilmette mansion on April 3, 2004, for Nadhmi Auchi, a controversial Iraqi-born billionaire who Rezko was trying to get to invest in a South Loop real-estate development.

Auchi, now a citizen of the United Kingdom, has faced criminal charges in Europe. He also figured in the revocation of Rezko’s bond early this year after attempting to wire him more than $3 million. Upon learning of that attempt, U.S. District Judge Amy St. Eve declared Rezko a flight risk and ordered him held in a federal jail in the Loop.

The Rezko party in 2004 was designed to induce Auchi to pour money into the South Loop investment. Obama’s presence at the party was not previously known. At the time, Obama was fresh off a surprise win in the Illinois Democratic primary for U.S. Senate and was riding a crest of national publicity.”
April 8 – May 21, 2004: (Rezko Trial March 12, 2008; 11:11 a.m.)

“FBI Special Agent Daniel Cain, the primary case agent on the investigation into Levine and Rezko, is on the stand now in testimony that is laying the foundation for entering the wiretaps into evidence.

Cain said the investigation, dubbed Operation Board Games by the federal agents, began in December 2003 and was prompted by information gleaned from an informant whom he did not identify. That witness, he said, took part in meetings with two other individuals who were in contact with Levine by phone at his home.

Cain said Levine had three phone lines in his North Shore home. Federal agents recorded conversations on those lines April 8-May 21, 2004. Those dates span the time when Levine, Rezko and others allegedly were working to rig the hospital board vote on a Mercy Health System hospital proposal for Crystal Lake and other kickback schemes prosecutors claim they were engaged in.”
April 21, 2004: (Rezko Trial March 11, 2008; 5:27 p.m.)

“The former lawyer for a state board that regulates hospital expansions took the stand late in the afternoon and said she told Stuart Levine of her concern after an odd vote on the Mercy Hospital project that included Levine whispering to other board members before the project was approved.

His response was no less troubling, she said.

“He shrugged his shoulders and said, ‘Sometimes you have to be a good soldier,’” said Anne Murphy, the former lawyer for the Illinois Health Facilities Planning Board.

Murphy said Levine’s remark followed a vote that saw the plan for a new hospital in Crystal Lake squeak by with the minimum of five votes in favor on the nine-member board.

With eight members present at the April 2004 meeting, Murphy said the vote was stalled with three members voting “yes,” two voting “no” and two abstentions when Chairman Thomas Beck was called to give his vote.

Beck said, “Where’re we at?” Murphy testified. He then went over to whisper with Levine off the record, she said. When that conversation ended, Murphy said, Levine got up and whispered to Imad Almanaseer.

Beck then voted yes, Murphy testified, and Almanaseer changed his vote to “yes,” giving the plan the necessary votes to pass.

“There was an audible, collective gasp across the room,” Murphy recalled of the April 2004 meeting.

Prosecutors contend the five members who voted for the hospital were a Levine-led bloc that Rezko had placed on the board and controlled. The two were charged with arranging to accept a kickback from the builder who was going to build the Mercy project in Crystal Lake.

The entire board was new as of the summer of 2003, Murphy said. She said she had given the new members memos on ethics, including conflicts of interest.”

May 18, 2004: (March 21, 2008; 12:10 p.m. Rezko trial transcripts)

“Another government wiretap has been played with Antoin “Tony” Rezko’s voice on it, and this one could prove damaging to his defense. On the tape, recorded May 18, 2004, Rezko can be heard giving orders to political fixer Stuart Levine about how he wanted to manipulate the vote of one of Levine’s fellow members on the Illinois Health Facilities Planning board, Danalynn Rice.

June 7, 2004: Stuart Levine, member of the Illinois Health Facilities Planning Board, abruptly resigns. This is the first indication that the Blagojevich administration is under federal criminal investigation.

July 2, 2004: Stuart Levine resigns from the state Teachers’ Retirement System board.
July 27, 2004: Obama Democratic Convention Speech.
May 9, 2005: Stuart Levine indicted on corruption charges. Federal subpoena issued to Tony Rezko.
June 15, 2005: Obama purchases home next door to Rezko for $1.65 million, $300,000 less than the asking price.
June 15, 2005: Rita Rezko, Tony’s wife purchased plot next door for $625,000 asking price.
Sept. 15, 2005: Joseph Cari, former lawyer for the state’s teacher’s pension board pleads guilty to extortion. A high ranking public official is described in court documents only as “Public official A.”
Oct. 25, 2005: The Chicago Tribune reports about a federal grand jury investigation into the alleged political hiring practices of the Blagojevich administration.
Late 2005 early 2006: From the Kenneth J. Conner complaint against Mutual Bank filed Oct. 16, 2008. The lawsuit is still active.

“11.  In late 2005 or early 2006, Conner performed an appraisal review of the Adams Appraisal (Exhibit C) per the directive of Richard Barth and James Murphy. Conner prepared a written Appraisal Review report (ARR) opining that the Adams Appraisal overvalued the Greenwood lot by a minimum of $ 125,000.00″

“18.  On October 23, 2007, eight days after Conner’s October 15, 2007 email to Schlabach attached as Exhibit J, Mutual Bank terminated Conner’s employment for pretextual reasons.”

Conner later told World Net daily when he initially was fired, that the bank and the Rezkos were engaged in “fraud, bribes or kickbacks, use whatever term you want,” to benefit the Obamas.

Soon after the Blagojevich arrest, Conner was interviewed by investigators from Fitzgerald’s office.
Jan. 2006: Rita Rezko sells the Obamas one-sixth of her lot for $104,500.
Feb. 4, 2006: (Chicago Sun-Times)

“Illinois Gov. Rod Blagojevich has always been rumored to be interested in higher office. A single entry in a campaign-finance report he filed this week could add fuel to the speculation.

Blagojevich paid $7,500 in December to one of the top Democratic political strategists in Iowa, where contacts are important for anyone with presidential aspirations.”
Feb. 19, 2006: Blagojevich began his 2006 re-election to IL Governor.
Aug. 5, 2006: The Chicago Tribune reports that Stuart Levine is cooperating with the federal investigation of state government.
Aug. 11-20 2006: Illinois State Fair. “We’ve got a governor in Rod Blagojevich who has delivered consistently on behalf of the people of Illinois,” Obama told the crowd.
Oct. 11, 2006: Tony Rezko is indicted on federal charges he sought millions of dollars in kickbacks and campaign donations from firms seeking state business.

Oct. 22, 2006: Obama publicly states he is considering a run for the Presidency.
Oct. 27, 2006: Stuart Levine pleads guilty in a scheme to squeeze millions of dollars from firms seeking state business. Court papers contain allegations that Rezko and  Christopher Kelly were using their influence for corrupt purposes.
Nov. 7, 2006 (Chicago SunTimes)

“The Rezko story broke last week, when Obama was wrapping up a national tour serving several purposes: promote his new book, The Audacity of Hope, raise money and stump for Democrats, and lay the groundwork for a possible 2008 White House bid.”
Jan. 16, 2007:  Obama announces his intention to run for president.

“I’ve navigated some fairly difficult territory in my political career and, you know, there are some folks in Springfield who are pretty wily.

And I’ve always been able to operate effectively, but also do so in a way that’s consistent with my values and ethics. I make no claims of perfection, but I think that generally my judgment and my assessments of people have been pretty good and that’s part of how I’ve stayed out of trouble in what can be a pretty hurly burly political environment. ….. I think that the way [voters should view the Rezko relationship] is that I made a mistake in not seeing the potential conflicts of interest or appearances of impropriety. But they should see somebody who was not engaged in any wrongdoing, who did not in any way betray the public trust, who has maintained consistently high ethical standards and who they can trust.”
Feb 10, 2008: (Chicago Sun-Times)

“Sources said Thomas helped investigators build a record of repeat visits to the old offices of Rezko and former business partner Daniel Mahru’s Rezmar Corp., at 853 N. Elston, by Blagojevich and Obama during 2004 and 2005.”
March 6, 2008: Rezko trial begins.
April 22, 2008: Ali Ata pleads guilty to obstruction of justice and agrees to cooperate.
May 2, 2008: Illinois Senate narrowly defeated a measure aimed at giving voters a chance to recall Gov. Rod Blagojevich.
June 4, 2008: Rezko convicted on 16 of 24 counts.
Count 1 contains ties to Blagojevich and Obama.

The following conviction counts are related to Mercy Hospital and the rigging of the Planning Board.

1, 11, 12, 14, 15

A large portion of the testimony in the Rezko Trial was about the rigging of the Planning Board.
Aug. 20, 2008: Rezko sentencing delayed.
Oct. 9, 2008: Rezko sentencing delayed.
Oct. 30, 2008: William Cellini indicted
Nov. 4, 2008: Washington Times report.

“A former Illinois real estate specialist says FBI agents have questioned him about a Chicago property that had been bought by convicted felon Tony Rezko’s wife and later sold to the couple’s next-door neighbor, Sen. Barack Obama.

The real estate specialist, Kenneth J. Conner, said bank officials replaced an appraisal review he prepared on the property and FBI agents were investigating in late 2007 whether the Rezko-Obama deal was proper.

“Agents and I talked about payoff, bribe, kickback for a long time, though it took them only a short number of minutes of talking with me while looking at the appraisal to acknowledge what they already seemed to know: The Rezko lot was grossly overvalued,” Mr. Conner told The Washington Times Monday.

“Rezko paid the asking price on the same day Obama paid $300,000 less than the asking price to the same seller for his adjacent mansion,” he said. “This begs the question of payoff, bribe, kickback.””

Dec. 7, 2008: Criminal complaint of Blagojevich. Nine individuals is important. Obama helped passed a bill to reduce the number from 15 to 9.

“b. Corruption of the Planning Board”
“At the relevant time period, the Planning Board consisted of nine individuals.”

“Planning Board” (IL Health Facilities Planning Board) is mentioned 31 times.

“Rezko” is mentioned 170 times.

“Hospital” in context of Mercy Hospital mentioned 8 times.
Dec. 9, 2008: Blagojevich arrested

“Fitzgerald said, “We make no allegations” that Obama was aware of any alleged scheming by Blagojevich.”
Jan. 9, 2009: IL House votes 114 to 1 to impeach Blagojevich.
Jan 29, 2009: IL Senate removes Blagojevich from office.
Feb 12, 2009: “US Attorney Patrick Fitzgerald, who brought criminal fraud charges against former Illinois Gov. Rod Blagojevich, will stay on with the Obama administration, reports Pete Williams at NBC.”
APRIL 2, 2009: Press release, Superceding Indictment. There is no mention of nine board members.

“Planning Board” (IL Health Facilities Planning Board) is mentioned 7 times

“Rezko” is mentioned 100 times.

http://www.justice.gov/usao/iln/pr/chicago/2009/pr0402_01a.pdf
July 30,  2009: Patrick Fitzgerald, the top prosecutor in Illinois’ Northern District, has been named interim chairman of the Attorney General’s Advisory Committee of U.S. Attorneys (AGAC).
Feb. 4, 2010: Second superceding indictment. There is no mention of nine board members.

“Planning Board” (IL Health Facilities Planning Board) is mentioned 7 times

“Rezko” is mentioned 87 times.

“Hospital” in context of Mercy Hospital mentioned 1 time.

http://www.justice.gov/usao/iln/pr/chicago/2010/pr0204_02a.pdf
April 14, 2010: Evidentiary Proffer include 9 members statement.

“During the relevant time period, the Planning Board consisted of nine individuals.”

“Rezko was able to obtain significant influence over the affairs of the Planning Board by arranging for Blagojevich to appoint five of Rezko’s associates and/or friends, including Levine, as members of the Planning Board in 2003.”

“Rezko” is mentioned 288 times.

“Hospital” in context of Mercy Hospital mentioned 18 times.
April 22, 2010: Motion filed to subpoena Obama and redacted parts revealed.

“22. However, the defense has a good faith belief that Mr. Rezko, President Obama’s former friend, fund-raiser, and neighbor told the FBI and

the United States Attorneys

Redacted:

a different story about President Obama. In a recent in camera proceeding, the government tendered a three paragraph letter indicating that Rezko “has stated
in interviews with the government that he engaged in election law violations by personally contributing a large sum of cash to the campaign of a public official who is not Rod Blagojevich. … Further, the public official denies being aware of cash contributions to his campaign by Rezko or others and denies having conversations with Rezko related to cash contributions. … Rezko has also stated in interviews with the government that he believed he transmitted a quid pro quo offer from a lobbyist to the public official, whereby the lobbyist would hold a fundraiser for the official in exchange for favorable official action, but that the public official rejected the offer. The public official denies any such conversation. In addition, Rezko has stated to the government that he and the public official had certain conversations about gaming legislation and administration, which the public official denies having had.”10

10 The defense has a good faith belief that this public official is Barack Obama.”

June 29, 2010: Judge Zagel  said there was a word to describe witnesses like Rezko  who damage whatever side calls them to testify.

“generally explains why they’re not called.”

Aug. 17, 2010: Blagojevich convicted of 1 of 24 counts. Neither Rezko or Levine were called as witnesses. One juror held out from indicting on more counts. The trial was much shorter than predicted . Approx 2% of the wiretaps were presented.
Jan. 6, 2011: Rezko sentencing delayed indefinitely.
Jan. 28, 2011: Rezko sentencing set for October 21, 2011.
Feb. 24, 2011: Counts 1,2,4 in the Blagojevich Indictment are dropped. This represents approx. half of the indictment and includes numerous corruption ties to Blagojevich and Obama.

The only reference left to “Hospital” in context of Mercy Hospital was in count one.
March 9, 2011: Blagojevich files motion to be sentenced on one conviction charge.

I, Citizen Wells, do swear and attest that the above information is correct to the best of my knowledge. Most of the information comes from
public records, US Jusctice Dept. documents, court documents and transcripts. News organizations article quotes are presented only if later
corroborated by facts.”

https://citizenwells.com/2011/03/14/justice-department-protecting-obama-evidence-evidentiary-proffer-blagojevich-prosecution-delayed-and-manipulated-collusion-2/

 

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

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.”

http://abc7chicago.com/politics/blagojevich-sentence-5-convictions-vacated/869717/

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.””

http://www.chicagotribune.com/news/local/politics/ct-patti-blagojevich-reaction-met-20150721-story.html

The wiretaps remain sealed.

Why?

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. ”

Read more:

http://www.nytimes.com/2014/03/12/us/politics/illinois-wiretaps-of-ex-governor-stay-sealed.html

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.”

Read more:

http://www.bnd.com/2014/02/03/3037364/blagojevich-transcripts-at-issue.html

Privacy?

Obama’s corrupt past?

For example.

https://citizenwells.com/2014/03/12/15656/