Category Archives: Court of Appeals

Blagojevich appeal delay perfect Chicago crime, Prosecution and appeal delay protect Obama help Blagojevich, Judge Zagel USDOJ violate federal court rules

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

The delay in the prosecution and appeal of Rod Blagojevich.

A perfect Chicago Crime?

From Citizen Wells July 19, 2011.

“We await the appeal of Rod Blagojevich. He was convicted of most counts remaining after counts 1,2 and 4 were removed by the Justice Department. You know, the Justice Department headed by liar and Obama buddy Eric Holder. As reported here yesterday, denying the motion from the Blagojevich defense team to unseal recorded conversations that were wiretapped, appears to be a huge argument to support the appeal and possibly part of the setup. The question is, was Blagojevich picked as the fall guy or will he end up with a slap on the wrist?”

“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.”

https://citizenwells.wordpress.com/tag/blagojevich-appeal-strategy-will-reveal-more-about-setup/

From Citizen Wells August 7, 2012.

“You have read it here at Citizen Wells for some time. The delays in prosecuting Rod Blagojevich were designed to protect Obama. You also read here that the appeal process for Blagojevich would drag on past the election. We now have more proof.”

It’s been almost eight months since Blagojevich was sentenced on Dec. 7, 2011. His attorneys discussed how they’d appeal six days after that.

“Well there’s a tremendous amount of work to do now, we need to read through all the transcripts,” defense attorney Lauren Kaeseberg said. “There’s two trials, there’s a significant amount of work.”

“But FOX Chicago News learned that since then, that first key step toward an appeal – getting the 16,000 pages of transcripts – has not yet been accomplished.

“They have to file briefs. The briefs have to be based on alleged errors that occurred in the course of the trial,” Kent College of Law professor Richard Kling said. “Those errors, if they occurred, are reflected in the transcript.”

The 7th Circuit Court of Appeals recently warned Kaeseberg that she could face monetary or disciplinary sanctions if she didn’t explain why the transcripts weren’t done yet.

Kaeseberg responded by producing these emails she had sent to Judge James Zagel’s court reporter, asking for the transcripts.

Finally, about two weeks ago, the court reporter filed her own motion asking for more time, saying she had taken a leave of absence for five and half months and has been swamped with work since her return.

She has now promised to have the transcripts done by late September, with any appellate review not likely for months after then.”

https://citizenwells.wordpress.com/2012/08/07/blagojevich-appeal-delayed-waiting-on-transcripts-court-clerk-5-12-month-leave-of-absence-delays-help-obama-transcripts-of-blagojevich-wiretaps-hurt-obama/

From Citizen Wells August 24, 2012.

A video of Larry Yellen, FOX Chicago News Legal Analyst.

http://www.myfoxchicago.com/story/19221111/patti-blagojevich-speaks-for-first-time-since-rods-conviction-exclusive

The video no longer shows up at the link.

However, Larry Yellen, the FOX Chicago News Legal Analyst states the following:

“Defense lawyers actually faced possible sanctions because they’ve been unable to get the trial transcripts up to the appeals court to start the appeal.
The delays have gone on for months in part because Judge James Zagel’s court reporter took a 5 and 1/2 month leave.”

“The court reporter now has promised to have the transcripts done in about 7 weeks, around September 28.”

“In the George Ryan case he was sentenced on … September and 5 months later they had the transcripts done and they were already doing oral arguments.”

What the Fox News reporter did not tell you is that there are extensive references to procedures in handling appeal case transcripts. The rules are clear.

I can tell you that, based on court rules and procedures, Judge James Zagel carries some of the blame for the delay in the transcripts.

The question is, what was Judge Zagel’s motivation?

https://citizenwells.wordpress.com/2012/08/24/obama-justice-department-delays-blagojevich-appeal-blagojevich-arrest-delayed-years-and-past-2008-election-judge-zagel-and-or-usdoj-personnel-in-cahoots/

From the US Courts Guide to Judiciary Policy.

Vol 6: Court Reporting

Ҥ 130.20.20 District Court
Each district court must develop a Court Reporting Management Plan.”

“(g) Providing for avoidance of backlogs of transcripts and assuring prompt
delivery of high quality transcripts, particularly for cases on appeal to the
court of appeals; ”
Ҥ 440.60 Judge Appointed (Involuntary) Use of Substitute Reporter

§ 440.60.10 Introduction

A district judge or the chief judge of a circuit may appoint a substitute reporter in the event a court reporter is unable to complete transcripts in a timely fashion.

§ 440.60.20 Judicial Conference Policy
“Because of the inordinate delays that have taken place throughout the system in the preparation of transcripts by court reporters in cases that are being appealed, the Conference agreed that substitute reporters should be employed to service the requirements of the district judge where the official court reporter is unable to complete his [or her] transcripts in a timely fashion and that the salary of the official reporter be subject to withholdings not to exceed the sum necessary to compensate the substitute reporter until the transcripts are current. The need for substitute reporter service is to be determined by the district judge affected or by the chief judge of the circuit, at his [or her] option, acting through the circuit executive.” JCUS-MAR 75, p. 8.”
“(1) Appeals to a Circuit from a District Court
Transcripts for appealed cases should be delivered within 30 days from the date ordered or from the date satisfactory arrangements for payment have been made. If the customary practice of the court reporter is not to require prepayment, the 30-day period
begins upon acceptance of the transcript order by the court reporter.”
“Late delivery of transcripts impedes the work of the courts. Each circuit council decides the due dates for the delivery of transcripts and the amount of penalties to be applied when such dates are not met. Therefore, reporters and transcribers may not charge the full fee if they do not produce an appellate transcript within the time limits required by the circuit councils. Additionally, the district courts or circuit councils may impose other penalties. One such penalty would be to require the reporter to compensate a courtroom substitute while the reporter prepares the overdue transcripts.”

Ҥ 540 Transcripts for Cases on Appeal

§ 540.10 Introduction

Cases appealed to the United States courts of appeals require the timely transmission of the record from the lower court. A transcript of the proceedings normally is a required part of the record to be transmitted to the court of appeals.”

Ҥ 540.20.20 Rule 11, Federal Rules of Appellate Procedure (Forwarding the Record)
The statute states:”
“(B)
If the transcript cannot be completed within 30 days of the reporters receipt of the order, the reporter may request the circuit clerk to grant additional time to complete it. The clerk must note on the docket the action taken and notify the parties.”
“(D)
If the reporter fails to file the transcript on time, the circuit clerk must notify the district judge and do whatever else the court of appeals directs.”

Ҥ 540.60 Use of Substitute Reporters
In the event that an official staff, additional, temporary, or combined-position court reporter is not able to provide transcripts in a timely fashion, i.e., within 30 days, the judge may appoint a substitute reporter at the expense of the reporter. See: Guide, Vol 6, § 440 (Substitute Court Reporters).”
Ҥ 540.60.10 Judicial Conference Policy
“Because of the inordinate delays that have taken place throughout the system in the preparation of transcripts by court reporters in cases that are being appealed, the Conference agreed that substitute reporters should be employed to service the requirements of the district judge where the official court reporter is unable to complete his transcripts in a timely fashion and that the salary of the official reporter be subject to withholdings not to exceed the sum necessary to compensate the substitute reporter until the transcripts are current. The need for substitute reporter service is to be determined by the district judge affected or by the chief judge of the circuit, at his [or her] option, acting through the circuit executive.” JCUS-MAR 75, p. 8.

§ 540.70 Withholding Salary / Placing Reporter on Leave Without Pay
If it is necessary for the judge to appoint a substitute reporter while the court reporter is preparing backlogged transcripts, either the court reporter bears the cost of a substitute appointed by a judge or the court reporter is placed on leave without pay.”

http://www.uscourts.gov/uscourts/FederalCourts/Publications/Guide_Vol06.pdf

As you can see, appeals cases transcripts are expected to be produced in a timely fashion. There are numerous clearly defined rules for processing them. The responsibilities and contingencies are well covered.
So why is this possibly a perfect Chicago crime?

First of all, without a doubt, this protects Obama again during an election cycle. News from a Blagojevich appeal stays out of the media as does Blagojevich himself.

Secondly, this is another nail in the coffin of judicial misconduct during the Blagojevich prosecutions and another reason for an appeals court judge to throw out the convictions.

Who engineered these delays and who is responsible?

What were Obama and Blagojevich discussing in 2008?

“Just because it’s a conspiracy theory doesn’t mean it is not true.”