Category Archives: District Court

Hollister v. Soetoro aka Barack Obama update and history, Judge James Robertson biased or incompetent, Bias or conspiracy?

Hollister v. Soetoro aka Barack Obama update and history, Judge James Robertson biased or incompetent, Bias or conspiracy?

“Why has Obama, for over 2 years, employed numerous private and government attorneys to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells and millions of concerned Americans

“It is emphatically the province and duty of the judicial
department to say what the law is. Those who apply the rule to
particular cases, must of necessity expound and interpret that
rule. If two laws conflict with each other, the courts must
decide on the operation of each.”

“If then the courts are to regard the constitution; and the
constitution is superior to any ordinary act of the legislature;
the constitution, and not such ordinary act, must govern the
case to which they both apply.”
“The judicial power of the United States is extended to all
cases arising under the constitution. Could it be the intention
of those who gave this power, to say that, in using it, the
constitution should not be looked into? That a case arising
under the constitution should be decided without examining the
instrument under which it arises?  This is too extravagant to
be maintained.”

“Why does a judge swear to discharge his duties agreeably to the
constitution of the United States, if that constitution forms no
rule for his government? if it is closed upon him, and cannot be
inspected by him?”… Marbury versus Madison

Is Judge James Robertson biased, incompetent or part of a conspiracy?

Citizen Wells December 30, 2008.

“Berg today, with co-counsel Lawrence J. Joyce, Esquire, filed another lawsuit in Federal Court in the United States District for the District of Columbia on behalf of Retired Colonel Hollister against Barry Soetoro a/k/a Barack Hussein Obama demanding to know Obama’s real name and if he is constitutionally qualified to be President. Plaintiff, Gregory S. Hollister, is a resident of Colorado Springs, Colorado and Hollister has “standing” and needs a decision so he knows whether or not to follow any Order of Soetoro a/k/a Obama.”

Read more:

https://citizenwells.wordpress.com/2008/12/30/philip-j-berg-lawrence-j-joyce-esquire-retired-colonel-hollister-lawsuit-december-30-2008-obama%e2%80%99s-lack-of-qualifications-challenged-gregory-s-hollister-hollister-has-standing-inter/

Citizen Wells February 5, 2009.

“The following Order from DC District Court Judge James Robertson was issued for Hollister v. Soetoro yesterday:

ORDER
Plaintiff’s motion to file interpleader and deposit funds with the court [#2] is frivolous and is denied. His motion to shorten time for defendants to respond to his complaint [#3] is moot and is denied. The motions of his counsel [#4, #5] for the admission pro hac vice of Philip J. Berg and Lawrence J. Joyce are in abeyance until the Court has had the opportunity, in open court, to examine their credentials, their competence, their good faith, and the factual and legal bases of the complaint they have signed.
JAMES ROBERTSON
United States District Judge”

Read more:

https://citizenwells.wordpress.com/2009/02/05/hollister-v-soetoro-philip-j-berg-dc-district-court-judge-james-robertson-february-4-2009-colonel-hollister-motion-for-response-time-denied-interpleader-motion-denied-motion-for-pro-hac-vice/

Citizen Wells March 6, 2009.

“The following is from a Memorandum issued by
United States District Judge James Robertson
on March 5, 2009. The Memorandum is a response
to the Hollister vs Soetoro lawsuit.”

 
“This case, if it were allowed to proceed, would deserve
mention in one of those books that seek to prove that the law is
foolish or that America has too many lawyers with not enough to
do. Even in its relatively short life the case has excited the
blogosphere and the conspiracy theorists. The right thing to do
is to bring it to an early end.”
“The plaintiff says that he is a retired Air Force
colonel who continues to owe fealty to his Commander-in-Chief
(because he might possibly be recalled to duty) and who is
tortured by uncertainty as to whether he would have to obey
orders from Barack Obama because it has not been proven — to the
colonel’s satisfaction — that Mr. Obama is a native-born
American citizen, qualified under the Constitution to be
President. The issue of the President’s citizenship was raised,
vetted, blogged, texted, twittered, and otherwise massaged by
America’s vigilant citizenry during Mr. Obama’s two-year-campaign
for the presidency, but this plaintiff wants it resolved by a
court.”

Read more:

https://citizenwells.wordpress.com/2009/03/06/hollister-vs-soetoro-us-district-judge-james-robertson-march-5-2009-philip-berg-hemenway-obama-not-eligible-col-hollister-barry-soetoro-judicial-judge-robertson-memorandum-air-force-colonel/

The following statement by Judge Robertson should be sufficient to have him impeached:

“The issue of the President’s citizenship was raised,
vetted, blogged, texted, twittered, and otherwise massaged by
America’s vigilant citizenry during Mr. Obama’s two-year-campaign
for the presidency, but this plaintiff wants it resolved by a
court.”

Obama’s citizenship may be an issue, but it is not the critical issue, which is his natural born citizen status and eligibility for the presidency per the US Constitution. Judge Robertson’s reference to the vetting of Obama on social media sites stands on it’s own for a high level of stupidity. The quote from Marbury v Madison above is the final arbiter of Judge Robertson’s guilt.

From World Net Daily November 26, 2010.

“Supremes challenged to put Constitution above Twitter”

“The U.S. Supreme Court is being asked to decide whether the Constitution will trump Twitter on issues of national importance, including the eligibility of a president, which could determine the very future of the American form of government.

The request is being made in a petition for writ of certiori, or a request for the Supreme Court to review the decision of a lower appellate court, in a case brought on behalf of Col. Gregory S. Hollister, a retired Air Force officer.

He is among the many who have brought court challenges to Obama’s tenure in the Oval Office based on doubts about whether Obama qualifies for the position under the U.S. Constitution’s demand that presidents be a “natural born citizen,” a qualification not imposed on other many other federal officers.

The pleadings submitted to the court, compiled by longtime attorney John D. Hemenway, cite the incredible importance of the claims that Obama, in fact, failed to qualify for the office.”

“The questions suggested by the petition are weighty:

  • “Did the district court examine the complaint, as required by the decisions of this and every other federal court, to see if it alleged facts to support its claims?”
  • “By refusing to consider the issue of defendant Obama not being a ‘natural born citizen’ as set out in Article II, Section 1, Clause 5 of the Constitution, did the district court violate its obligations to consider the issues raised by the complaint?”
  • “In … relying on extrajudicial criteria such as an assertion that ‘the issue of the president’s citizenship was raised, vetted, blogged, texted, twittered and otherwise massaged by America’s vigilant citizenry during Mr. Obama’s two-year-campaign for the presidency’ combined with an attack on petitioner … did the district court not engage in such obvious political bias and upon extrajudicial factors as to render its opinion void?”
  • “Did the … bias engaged in lead to a decision which ignored the law as set out above and as a result place the respondent-defendant Obama above that law and the rule of law in this country generally and threaten the constitutional basis and very existence of our rule of law?”
  • “Did the courts below not completely ignore the decisions of this court and the clear language of Rule 15 of the federal Rules of Civil Procedure concerning amendments so as to compound its biased elevation of the defendant Obama above the rule of constitutional law?”

Read more:

http://www.wnd.com/index.php?fa=PAGE.view&pageId=233177

Thanks to commenter GORDO.

Judge grants request for Amicus Curiae Brief filing, Obama eligibility, Commonwealth of Virginia, Attorney General Kenneth Cuccinelli, Citizen Wells open thread, October 9, 2010

Judge grants request for Amicus Curiae Brief filing, Obama eligibility, Commonwealth of Virginia, Attorney General Kenneth Cuccinelli

From The Post & Email October 8, 2010.
“Last March The Post & Email reported on an “Admission of Ineligibility” declared by a Florida man after he charged Barack Hussein Obama with “negligence” for failing to answer his request that Obama prove he is a natural born Citizen and therefore qualified to hold the office of President of the United States.

Mr. W. Spencer Connerat III, the author of the document which he deemed a “confession,” had originally sent it to the attorneys general of Florida and Virginia last March in the likely event that either or both of them decided to file a lawsuit over the impending passage of the Patient Protection and Affordable Care Act (PPACA).  Some have referred to the legislation as “Obamacare,” and its constitutionality has been debated since long before its passage.

Attorney General Kenneth Cuccinelli, on behalf of the Commonwealth of Virginia, filed suit against Health and Human Services Secretary Kathleen Sebelius directly after the legislation was passed by Congress on March 23, 2010.  A group of more than 20 states filed a similar lawsuit led by Attorney General Bill McCollum of Florida.”

“On September 21, 2010, Judge Hudson granted Mr. Connerat’s motion to file an Amicus Curiae brief to be included in the Virginia lawsuit along with many others filed by interested parties, including Physician Hospitals of America, former U.S. Attorney General Edwin Meese III, and the American Civil Rights Union.”

 Read more:

http://www.thepostemail.com/2010/10/08/judge-grants-request-to-file-amicus-curiae-brief-nullifying-health-care-bill-on-grounds-of-obamas-ineligibility/

http://www.scribd.com/doc/38601003/CONNERAT-OBAMA-Confession-FILED-in-Federal-Court

Thanks to commenter TruthSeeker

Blagojevich retrial hearing, August 26, 2010, Judge James Zagel, Citizen Wells open thread

Blagojevich retrial hearing, August 26, 2010, Judge James Zagel

The retrial hearing for Rod Blagojevich takes place today, Thursday, August 26, 2010.

From the Chicago Tribune.

“The retrial of Rod Blagojevich could look decidedly different from the first go-around if the bombastic father-and-son team of Sam Adam and Sam Adam Jr. drop off the case, as the former governor’s lead lawyers have hinted since last week.

Both Adams have suggested they want out of a repeat performance, with the younger one telling attorneys in the case that it’s time for him and his father to move on, according to sources.

Sheldon Sorosky, another Blagojevich lawyer who could remain on a reduced two-member defense team, said Wednesday he believes the younger Adam, whom he described as a “legal Michelangelo,” may struggle to find the energy to tackle the mammoth task again.

Adam’s closing argument was marked by loud and passionate pleas, a flurry of government objections and even an apology for sweating on a juror.

Some answers could become apparent Thursday as U.S. District Judge James Zagel holds the first public status hearing since the trial ended last week, with the jury convicting Blagojevich of lying to the FBI about his knowledge of political fundraising but deadlocking on all the other 23 counts.”

“”The primary purpose (for the hearing) is to set a new trial date,” Sorosky said. “Then, as in any retrial situation, the second purpose — which this time may eclipse the first — is the lawyer situation.”

In a private conference last week with attorneys in the case, Zagel said he expects the former governor to be allowed just two lawyers for the retrial.

Blagojevich, who had seven attorneys for the first trial, has tapped out his $2.7 million campaign fund, which under Zagel’s supervision was used to pay his legal fees. Rules under the Criminal Justice Act allow a defendant whose defense is paid for with taxpayer funds to have no more than two lawyers.”

Read more:

http://www.chicagobreakingnews.com/2010/08/blagojevich-hearing-could-answer-question-over-lawyers.html

Drake v Obama, Brief filed, Ninth Circuit Court of Appeals, Citizen Wells open thread, August 22, 2010

Drake v Obama, Brief filed, Ninth Circuit Court of Appeals

Just in from Wiley Drake, plaintiff in Drake v Obama.

“This is the brief we filed last Thursday (8/12) in the ninth circuit.”
“STATEMENT OF THE CASE

APPELLANTS, members of the American Independent Party, bring this
appeal from the District Court’s October 29, 2010, ruling granting the defendants’
Motion to Dismiss (ER 1). APPELLANTS seek a determination by the Court as to
whether Respondent Barack Obama (hereinafter referred to as “OBAMA”) met all
the constitutional requirements for eligibility for the office of the President of the
United States.”

“STATEMENT OF THE FACTS

A. The Parties

APPELLANTS are members of the American Independent Party. Drake was
the Vice-Presidential nominee for the American Independent Party in the 2008
Presidential Election on the California Ballot. Robinson was a pledged Presidential
Elector for the American Independent Party in the 2008 Presidential Election for
the California ballot and was at the time the Chairman of the American
Independent Party.

OBAMA is a former United States Senator from Illinois and currently sits as
President of the United States. Respondent Michelle Obama is the wife of Mr.
Obama. Respondent Joseph R. Biden currently sits as Vice-President of the United
States and as President of the United States Senate. Respondent Robert M. Gates is
the Secretary of Defense for the United States. Respondent Hillary R. Clinton is
the Secretary of State for the United States.”

Read more

Blagojevich trial verdict possible today, August 12, 2010, Citizen Wells open thread

Blagojevich trial verdict possible today, August 12, 2010

A verdict in the Rod Blagojevich trial may come today. A note sent to Judge James Zagel from the jurors indicated they may be deadlocked on some of the counts. John Kass of the Chicago Tribune, who has been openly critical of Blagojevich and Obama for some time, provides some commentary.

“Despite all the theories tossed about after the jury delivered the note Wednesday to U.S. District Judge James Zagel, here’s the thing.

Nobody knows what it means. I don’t. Rod Blagojevich doesn’t. Certainly the lawyers don’t.
“We don’t know what it means,” said Michael Ettinger, lawyer for Rod’s brother and co-defendant Robert Blagojevich. “The judge doesn’t know what it means. I assume they are hung on my client, but I don’t know.”

So nobody knows. And you don’t, either, unless you’re a juror, and if you are, then you better stop reading this right now or Judge Zagel will get medieval on you.

So after getting all high and mighty and criticizing my TV colleagues for speculating, it would be most unfair for me to engage in speculation.

Or would it?

According to my own speculations, here’s what we do know:

In the annals of human history, there have been only two times that the impish grin has been wiped completely from the face of Rod Blagojevich.

First, there was that time when the FBI called him about 6 a.m. to tell him they were coming through his bungalow door to arrest him. And he thought it was his good buddy, then state Sen. Jimmy DeLeo, D-How You Doin?, making a practical joke.

Jimmy? Is that you? Jimmy?

No, it was Rob Grant, the special agent in charge of the Chicago FBI office.

And the second time the grin was wiped off was Wednesday, when he got the call to get down to the courthouse immediately because the jury had something to say.

By the time he arrived, he had been able to force at least half the smile back on his face. Walking past reporters, he wisecracked, “Missed you guys.”

But inside, without a jury to play to, the infuriating grin was gone. Instead, he patted his head a number of times, running his fingers over the back of his prodigious mane. But nervously, not like Mr. Cool.”

“Lawyers were told to return to court at 11 a.m. Thursday. That’s going to fuel even more speculation by us gum flappers who don’t know any more than do you.

Notwithstanding the “deliberated without rancor” line from the Perry Masons on the jury, Zagel had kind words for the panel.

He told the lawyers that the jurors were “exceptionally disciplined” and that he hadn’t once heard them fighting in the jury room.”

Read more:

http://www.chicagotribune.com/news/columnists/ctc-met-kass-0812-20100812,0,420740.column?page=2&track=rss

Applicable to this trial and other things to be commented on soon,

Things are not always as they seem.

Also, He who laughs last, laughs loudest.

Wells

Philip J Berg v Obama update, August 9, 2010, Petition for Rehearing Court EN BANC, Berg as Relator vs. Obama

Philip J Berg v Obama update, August 9, 2010, Petition for Rehearing Court EN BANC

From Philip J Berg.

For Immediate Release:  – 08/08/2010
For Further Information Contact:
Philip J. Berg, Esquire         
555 Andorra Glen Court, Suite 12                         
Lafayette Hill, PA 19444-2531
Cell (610) 662-3005
(610) 825-3134
(800) 993-PHIL  [7445]
Fax (610) 834-7659

philjberg@obamacrimes.com

Berg Files a Petition for Rehearing Court EN BANC
in the Case of
Berg as Relator vs. Obama
* * *
No Surprise that Attorney General Holder
Will “not” Prosecute “blacks” in Voting Rights Cases
as he has Refused to Prosecute Obama
in this False Claims Act Case
(Lafayette Hill, PA – 08/08/2010) – Philip J. Berg, Esquire, the first Attorney who filed suit against Barack H. Obama challenging Senator Obama’s lack of “Constitutional qualifications” to serve as President of the United States.  The Policy of United States Attorney General Eric Holder not to prosecute “blacks” in voting rights cases should be no surprise as A.G. Holder has refused to prosecute Barack Hussein Obama in the False Claims Act [Qui Tam] case of Berg as Relator vs. Obama.

Berg said, “The United States Attorney General, Eric Holder, his offices and staff, including the Department of Justice have a clear Conflict-of-Interest in any type of prosecution against Obama.”

“This type case is usually utilized in Medicaid and Medicare cases where fraud is alleged.  In the case against Obama, I set forth that Obama is not “natural born” or “naturalized” but an “illegal alien” and therefore, his term as a United States Senator from Illinois was fraud and the salary and benefits Obama received must be returned to the United States Treasury, an amount in excess of One [$1] Million Dollars.  I base my claim on the fact that Obama was adopted/acknowledged by his step-father, Lolo Soetoro, in Indonesia and Obama’s legal name became “Barry Soetoro.”  At age ten [10] when he returned to Hawaii, I allege that he did not go through U.S. Immigration on a U.S. Passport, but did so on his Indonesia Passport,  therefore, an “illegal alien.”  Also, I allege that “Barry Soetoro” [former Barrack Hussein Obama] has never legally changed his name and therefore, he has committed ongoing fraud by using Barrack Hussein Obama.

“The United States Attorney General, Eric Holder, reports directly to the alleged violator, Soetoro/Obama; gives opinions and legal advice to the alleged violator, Soetoro/Obama; was senior legal advisor to Barack Hussein Obama’s Presidential campaign; and served as one of three [3] members on Obama’s Vice-Presidential Selection Committee and thus a major Conflict-of-Interest existed and still exists with my, Berg’s, False Claim or Qui Tam Case.” 

Berg’s False Claims Act [Qui Tam] Case was originally filed in the United States District Court, District of Columbia at the end of 2008.  The U.S. District Court Dismissed the Qui Tam Action and failed to respond to the issue of the Conflict-of- Interest.  Berg Appealed to the United States Court of Appeals for the District of Columbia, who on June 30, 2010, upheld the District Court’s ruling and in so doing stated that Berg failed to demonstrate that the Department of Justice and the Attorney General, Eric Holder, have a Conflict-of-Interest.  This simply is not the case.

Government employees are required to comply with the Code of Federal Regulations, which clearly spell out the issue of Conflict-of-Interest.  Just to name a few, Eric Holder’s placement with Obama through Obama’s campaign are in violation of the Code of Federal Regulations; the fact Eric Holder reports directly to Obama, the violator, spells out a clear Conflict-of-Interest under the Code of Federal Regulations; the fact Eric Holder gives opinions and legal advice to the alleged violator, is a clear Conflict-of-Interest under the Code of Federal Regulations; the fact Eric Holder was the Senior Legal Advisor to Obama’s Presidential campaign violates the Code of Federal Regulations under Conflict-of-Interests; and the fact Eric Holder served as one of three [3] members on Obama’s Vice-Presidential Selection Committee are all clear Conflict-of-Interests in violation of the Code of Federal Regulations.

For this reason, Berg has filed a Petition for Rehearing En Banc with the United States Court of Appeals for the District of Columbia.  When a case is brought to the United States Appellate Court, the matter or a three-Judge panel hears matters complained of.  When you request a rehearing En Banc, you are asking for the majority of active Circuit Judges to rehear the case En Banc. 

Many Appellate Courts, who have a large number of Judges and a large caseload, will divide the Cases (Appeals) into divisions or panels for each case.  For example, three [3] judge panels usually hear United States Appeals Court cases.  There are times however, at the request of the panel, or one of the litigants, the case is later reheard by the full court, or, En Banc.  En Banc is a French word that means “the full Court”.  When a Petition for a Rehearing En Banc is filed, the party filing the Petition is asking for the Full Court to rehear the matter complained of on Appeal.

Berg said, “If a Conflict-of-Interest does not exist in this case, Berg as Relator vs. Obama, then the words ‘Conflict-of-Interest’ must be removed from the Code of Federal Regulations and from all legal and other dictionaries.”

Berg concluded, “If we are denied a rehearing En Banc, then I will take this Case to the U.S. Supreme Court as the issues presented are far too important not to address.”

For copies of all Press Releases and Court Pleadings, go to:
http://obamacrimes.com

Philip J Berg Obama lawsuit, Update, August 4, 2010, Obama should resign, Same advice as Rangel

Philip J Berg Obama lawsuit, Update, August 4, 2010, Obama should resign

From Philip J Berg August 4, 2010.

For Immediate Release:  – 08/04/2010
For Further Information Contact:
Philip J. Berg, Esquire         
555 Andorra Glen Court, Suite 12                         
Lafayette Hill, PA 19444-2531
Cell (610) 662-3005
(610) 825-3134
(800) 993-PHIL  [7445]
Fax (610) 834-7659

philjberg@obamacrimes.com

Berg Says That Obama
Should Do As He Said Regarding
Congressman Rangel
and End Your Career with Dignity
and
Wishes Obama or rather Soetoro a Happy Birthday

(Lafayette Hill, PA – 08/04/10) – Philip J. Berg, Esquire, the first Attorney who filed suit against Barack H. Obama challenging Senator Obama’s lack of “qualifications” to serve as President of the United States says that “Obama Should Do As He Said Regarding Congressman Charlie Rangel, D–N.Y. and End Your Career With Dignity.”

Obama’s comments were directed to Congressman Rangel who is under investigation for violating Congressional Ethics Rules with 13 violations and Obama said he hopes the 80-year-old lawmaker can end his career with dignity now.

Obama, speaking on the issue for the first time, praised Rangel for serving his New York constituents over the years, but said he found the ethics charges “very troubling.”
Obama continued, “He’s somebody who’s at the end of his career. I’m sure that what he wants is to be able to end his career with dignity. And my hope is that it happens,” Obama said in an interview that aired last Friday on “CBS Evening News with Katie Couric.”

Berg said, “The charges against Obama are much more serious than Rangel’s as Obama’s actions rise to the level of treason as Obama is an Imposter; Obama is a Phony and has committed Fraud as this is the largest ‘Hoax’ against the United States in the history of our country, over 230 years !”

Berg also wishes Barry Soetoro [Barack Hussein Obama] a Happy and Hopefully Truthful 49th Birthday.

Berg has been demanding that Obama resign because he has failed to produce his long form [vault] Birth Certificate to show he is “Constitutionally eligible” being “natural born” to be President and citizenship documentation that he is even “naturalized” after being adopted/acknowledged in Indonesia with his name being changed to “Barry Soetoro” and his return to the United States at age ten [10] and evidence that he has legally changed his name back to Barack Hussein Obama. 

    I am proceeding for the 305 + million people in ‘our’ U.S.A., for ‘our’ Forefathers and for the 3.2 million men and women that have died and/or been maimed defending our Constitution with our ‘Peaceful Revolution’ to prove that Obama is not Constitutionally qualified/eligible to be President.” 

Berg continued, “I still have a case pending in the Federal Courts.  Go to obamacrimes.com to see the status of the case.”
For copies of all Press Releases and Court Pleadings, go to:
http://obamacrimes.com

Blagojevich trial closing arguments, Trial fixed, Verdict US Justice Department corrupt, Citizen Wells open thread, July 26, 2010

Blagojevich trial closing arguments, Trial fixed, Verdict US Justice Department corrupt

Closing arguments in the Blagojevich trial will begin, and,  according to Judge James Zagel, end today, Monday, July 26, 2010. Of course the verdict is already in. The fix was in years ago. I am convinced that Blagojevich, Obama and Rezko made a deal some time ago. The arrest of Blagojevich was conveniently delayed until after the 2008 election. The conclusion of the trial has conveniently been hurried to end months before the 2010 election. The trial continues to be misportrayed as mostly about selling the senate seat when, in fact, Blagojevich, as indicated in the legal documents, was involved in corruption going back to at least 2002. No witnesses such as Tony Rezko or Stuart Levine were called, no witnesses who would reveal the depth of corruption that Blagojevich and, yes, Obama, were involved in.

Blagojevich trial, Judge James Zagel to rule on Thursday on throwing out some charges, Citizen Wells open thread, July 22, 2010

Blagojevich trial, Judge James Zagel to rule on Thursday on throwing out some charges

From the Chicago Tribune July 21, 2010.

“The presiding judge in Rod Blagojevich’s corruption trial is considering whether to throw out some or all of the charges against the former Illinois governor or his co-defendant brother.

Speaking hours after prosecutors and defense attorneys both rested their cases Wednesday, Judge James B. Zagel told attorneys he’d rule on Thursday.”

Read more:

http://www.chicagotribune.com/news/chi-ap-us-blagojevichtrial-,0,2339978.story

Nothing would surprise me at this point.

Blagojevich trial, US Justice Department corruption, Protecting Obama, Part 4, Patrick Fitzgerald, Blagojevich trial delay and selling of senate seat

Blagojevich trial, US Justice Department corruption, Protecting Obama

Blagojevich trial

Protecting Obama

Part 4

Blagojevich arrest  intentially delayed

 

“I was not going to wait until March or April or May to get it all nice and tidy”

“I think that would be irresponsible.”…Patrick Fitzgerald, December 9, 2008, Blagojevich arrest

Those are interesting statements by Fitzgerald.

The question is, why did Patrick Fitzgerald and the US Justice Department wait until December 2008 to arrest Rod Blagojevich?

The prosecution in the Rod Blagojevich trial rested their case Tuesday, July 13, 2010.

Tony Rezko has not been called to the witness stand. Nor has Stuart Levine. Nor have a host of others with corruption ties to Blagojevich and Obama.

The US Justice Department had plenty of evidence indicting Rod Blagojevich by 2006. Why did the US Justice Department wait until December 2008, after the election, to arrest Blagojevich?

Who made the decision to wait to indict Blagojevich?

Was Patrick Fitzgerald involved in this decision?

I think that would be irresponsible.” Yes, Fitzgerald, I agree.

From the Blagojevich complaint December 7, 2008.

“From in or about 2002 to the present, in Cook County, in the Northern District of Illinois, defendants did, conspire with each other and with others to devise and participate in a scheme to defraud the State of Illinois and the people of the State of Illinois of the honest services of ROD R. BLAGOJEVICH and JOHN HARRIS, in furtherance of which the mails and interstate wire communications would be used, in violation of Title 18, United States Code, Sections 1341,1343, and 1346; all in violation of Title 18 United States Code, Section 1349.
“Since approximately 2003, the government has been investigating allegations of illegal activity occurring in State of Illinois government as part of the administration of Governor ROD BLAGOJEVICH. As further detailed below, the investigation has developed evidence that: (a) beginning not later than in or about 2002, ROD BLAGOJEVICH has conspired with multiple individuals, including, beginning not later than in or about October 2008, JOHN HARRIS, to devise and participate in a scheme, which used and contemplated the use of the mails and interstate wire communications, to defraud the State of Illinois and its residents of the honest services of ROD BLAGOJEVICH and JOHN HARRIS by corruptly using the office of Governor of the State of Illinois to obtain and attempt to obtain personal gain, including financial gain, for ROD BLAGOJEVICH and third parties with whom he is associated;”
Blagojevich’s involvement in corruption did not begin in 2008.

“From in or about 2002 to the present, in Cook County”

“Since approximately 2003, the government has been investigating allegations of illegal activity occurring in State of Illinois government as part of the administration of Governor ROD BLAGOJEVICH.”

http://www.justice.gov/usao/iln/pr/chicago/2008/pr1209_01a.pdf

From the Stuart Levine Indictment, May 9, 2005. (The SPECIAL MARCH 2004 GRAND JURY charges)
“CHICAGO – Three Chicago area executives – one of them a former member of the Illinois Health Facilities Planning Board, which controls medical facility construction projects in Illinois, and one a managing director of Bear Stearns & Co., an investment firm that arranges financing for public works projects in Illinois – were indicted on federal charges for allegedly engaging in insider-dealing, influence-peddling, kickbacks and corruption involving their private interests and public duties, federal officials announced today. One defendant, Stuart Levine, a lawyer and businessman, allegedly engaged in a fraud scheme to obtain a total of at least $9.5 million for himself and certain associates,

Stuart Levine – 19 counts of mail fraud, 4 counts of wire fraud, 2 counts of misapplication of funds, 2 counts of money laundering and one count of extortion – a businessman whose interests included S.L. Investment Enterprises, L.P., and a former member of the Illinois Health Facilities Planning Board (Planning Board), a state commission appointed by the Governor that grants or denies a permit, known as a “Certificate of Need” (CON), to build hospitals, physician offices or other medical facilities statewide. Levine was also a member of the board of trustees of Rosalind Franklin University of Medicine and Science, formerly known as Finch University of Health Sciences/Chicago Medical School (Chicago Medical School or CMS) in North Chicago, and he was chairman of its real estate committee. He was also a trustee of the Northshore Supporting Organization (NSO), a charitable trust that supported Chicago Medical School;”
One of many ties to Rod Blagojevich

“a former member of the Illinois Health Facilities Planning Board (Planning Board), a state commission appointed by the Governor”

http://www.justice.gov/usao/iln/indict/2005/us_v_levine.pdf

Timeline is revealing

Patrick Fitzgerald was aware of Blagojevich’s corruption in 2003

“Pamela Meyer Davis had been trying to win approval from a state health planning board for an expansion of Edward Hospital, the facility she runs in a Chicago suburb, but she realized that the only way to prevail was to retain a politically connected construction company and a specific investment house.

Instead of succumbing to those demands, she went to the FBI and U.S. Attorney Patrick J. Fitzgerald in late 2003 and agreed to secretly record conversations about the project.”

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June 7, 2004: Stuart Levine, a longtime Republican reappointed to the powerful Illinois Health Facilities Planning Board, abruptly resigns on the eve of several important hospital expansion votes. The revelation is the first indication that the Blagojevich administration is under federal criminal investigation.

June 27, 2004: The Tribune discloses that an official for one hospital seeking permission to expand was wearing a federal bug during meetings in an effort to expose extortion attempts by Levine and others for contributions to Blagojevich.

July 2, 2004: Levine resigns from his seat on the board of the state Teachers’ Retirement System. It remains undisclosed that federal authorities had secretly taped Levine’s conversations.

May 9, 2005: Levine is indicted on corruption charges. Federal subpoenas are issued to numerous administration sources, including top Blagojevich fundraiser Antoin “Tony” Rezko

May 20, 2005: The governor’s office acknowledges to the Tribune that Rezko has an ongoing eight-year professional relationship with Patricia Blagojevich’s home-based real estate brokerage, River Realty Inc.

Sept 15, 2005: Prominent Democratic fundraiser Joseph Cari and a former lawyer for the state’s teacher’s pension board pleads guilty in an extortion scheme that steered state pension business to favored companies in exchange for campaign contributions to a high-ranking public official described in court documents only as “Public official A.”

Oct. 25, 2005: The Tribune discloses a federal grand jury investigation into the alleged political hiring practices of the Blagojevich administration, including the governor’s top hiring aide, Joseph Cini.

Sept. 10, 2006: The Tribune reveals that the FBI is investigating allegations by a one-time Blagojevich family friend that she had concerns her state job may have come in return for a $1,500 personal check her husband wrote to one of Blagojevich’s children.

Sept. 17, 2006: The Tribune reports that the Blagojevich administration skirted state hiring rules to give jobs to at least 360 people whose applications were sent through back channels by the governor’s offices and politically connected officials.

Aug. 5, 2006: The Tribune reports that Levine is cooperating with the federal investigation of state government.

Oct. 11, 2006: Blagojevich confidant and top fundraiser Rezko is indicted on federal charges he sought millions of dollars in kickbacks and campaign donations from firms seeking state business.

Oct. 27, 2006: Political insider Levine pleads guilty in a scheme to squeeze millions of dollars from firms seeking state business. In court papers, federal authorities spell out allegations that Rezko and another schemer, identified by sources as Blagojevich confidant and top fundraiser Christopher Kelly, were using their influence for corrupt purposes.

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Before the Tony Rezko trial began in March 2008, the USDOJ and the FBI had more than enough to arrest Blagojevich and plenty on Obama. Stuart Levine had already provided the information revealed in the trial and more.
Patrick Fitzgerald obtains more details of Obama’s ties to Rezko and corruption in 2007.

Kenneth J Conner was a whistleblower in the Rezko Obama lot sale transaction. Conner was interviewed by the FBI in 2007.

From the Washington Times, November 4, 2008.
“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.””

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I have had many conversations with Mr. Conner, on and off the record.
By delaying the arrest of Blagojevich, two important things occurred.

More harm was done to the citizens of Illinois.

Obama was spared prosecution and association with crime figures. This allowed Obama to win the election.

Before the Rezko trial ended, the Illinois senate attempted a recall against Blagojevich.

Why wasn’t Blagojevich arrested by then?

May 2, 2008
“SPRINGFIELD—The Illinois Senate on Thursday narrowly defeated a measure aimed at giving voters a chance to recall Gov. Rod Blagojevich, but lawmakers on both sides of the issue blasted the embattled governor during a debate that raised statehouse tensions to a new level.”

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Here are just a few bits of testimony from the Rezko trial. The government had this information many months before.

March 21, 2008

“Stuart Levine thought he had hit the jackpot when he teamed up with Antoin “Tony” Rezko, the fundraiser for Gov. Rod Blagojevich who seemed to be able to get the administration to do anything he wanted. Levine’s third day on the stand at Rezko’s corruption trial was a sometimes wandering exploration of how Levine and Rezko exploited that immense clout in a variety of schemes to allegedly line their pockets.

“I have never been in a better position than I am right now,” Levine was heard bragging on a government wiretap. “Part of the reason is because there’s never been such tight control of the central apparatus. This guy is making decisions ? and can get anything done that he wants done.””
March 19, 2008

“But Blagojevich’s name has been mentioned often. It was brought up at least 30 times Wednesday morning by Stuart Levine, the government’s star witness against Rezko.

At one point, Levine described a flight from New York that he shared with Blagojevich Oct. 29, 2003. Levine had chartered the plane to ferry Blagojevich and others to a series of fundraisers.

On the return to Chicago, Levine said he took the opportunity to thank Blagojevich for re-appointing him to a seat on a state hospital regulatory board that prosecutors now say he and Rezko had corrupted to extort kickbacks from firms seeking regulatory approval.

Levine said the governor responded, “Never discuss any state board with me, discuss them with either Tony Rezko or Chris Kelly.” Kelly, along with Rezko, was a top fundraiser for Blagojevich as well as a close friend.

Then Levine said Blagojevich added: “But you stick with us and you’ll do very well for yourself.”

Asked by a prosecutor to elaborate, Levine said, “I took that to mean you have an opportunity to make a lot of money.””

http://www.chicagotribune.com/news/local/chi-rezko-court-story-7,0,5224754.htmlstory

This is important!

Even if the USDOJ was waiting for the Rezko trial to end. It ended in June 2008, well before the election.

Obviously they did not need Rezko’s testimony.
It is obvious from the above that the feds had plenty on Blagojevich.

Now read remarks made by Fitzgerald and the USDOJ.

Fitzgerald aggressively prosecuted Republicans

Former Gov. George Ryan December 31, 2003

“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.”
Through a spokeswoman, Mr. Fitzgerald declined to be interviewed for this article. Instead, the office issued the four-sentence release. ”Mr. Fitzgerald will become engaged on the matter immediately,” the release said. ”Consistent with the usual practice concerning investigations, Mr. Fitzgerald does not intend to comment any further.”

http://www.nytimes.com/2003/12/31/us/man-in-the-news-an-independent-prosecutor-patrick-j-fitzgerald.html?ref=patrick_j_fitzgerald&pagewanted=2
Fitzgerald did not wait years to go after Libby and Rove.

“It was at the insistence of Rove’s lawyer, Donald Luskin, that Rove went back and re-examined his call logs and discovered the call to Cooper. Rove presented that information to the Grand Jury and the astonished Fitzgerald whose team had missed it.

But curiously, Fitzgerald attempted to use this disclosure to accuse Rove of being misleading in earlier testimony where he had failed to recall the phone conversation.

It became clear to Rove that Fitzgerald wasn’t looking for a violation of law in the Plame case but to set a perjury trap and carve another notch on his belt by bagging a top White House honcho.”

http://www.floppingaces.net/2010/06/18/karl-roves-lessons-learned/

MAY 9, 2005
Stuart Levine Indictment

“Individuals who serve on public boards or boards or private institutions and charities must serve the interests of the public or the institution and not steal for themselves,” Mr. Fitzgerald said. “Beyond owing basic duties of honesty and integrity, hospital Planning Board members play an important role in providing access to health care while containing costs. The indictment charges that Levine instead sold out his duties and gave out state approvals and hospital contracts on the basis of ‘who you know’ and worse, ‘who you pay,’” he added.

http://www.justice.gov/usao/iln/indict/2005/us_v_levine.pdf
Levine pleads guilty October 11, 2006
“Levine, 60, of Highland Park, a lawyer who also served on the Illinois Health Facilities Planning Board (Planning Board), was charged in the same counts as Rezko in the superseding indictment. Levine, whose attorney, Jeffrey Steinback, authorized the government to disclose that Levine is cooperating with the government, is scheduled to plead guilty in the TRS case on Oct. 27 before U.S. District Judge Amy St. Eve.”
““This indictment describes a frenzy of corrupt scheming, particularly in April and May 2004, in which political insiders sought to manipulate the activities of two state boards to fleece investment firms and individuals. The defendants and their associates put the word out loud and clear: you have to pay to play in Illinois,” Mr. Fitzgerald said.”

http://www.justice.gov/usao/iln/pr/chicago/2006/pr1011_01.pdf

Blagojevich arrest December 9, 2008
“Fitzgerald said, “We make no allegations” that Obama was aware of any alleged scheming by Blagojevich.”

“Fitzgerald called the corruption charges against Blagojevich “a truly new low.””

“Robert Grant, FBI special agent in charge of the Chicago office, characterized Illinois’ place in the pantheon of political corruption.

“If it isn’t the most corrupt state in the United States, it’s certainly one hell of a competitor,” Grant said. “Even the most cynical agents in our office were shocked.””
“Fitzgerald said the investigation into Blagojevich continues, but authorities acted today to avoid further harm taking place.

“I was not going to wait until March or April or May to get it all nice and tidy” and bring charges, he said. “I think that would be irresponsible.””

http://www.chicagobreakingnews.com/2008/12/us-attorney-fitzgerald-press-conference-blagojevich.html

It is apparent to me that a deal was struck with the US Justice Department and that Patrick Fitzgerald was involved in the decision or minimally, was aware of it. The Justice Dept. had more than enough evidence to indict Blagojevich at the latest by the time Stuart Levine agreed to cooperate by August 5, 2006. They actually had enough wiretap evidence without Levine cooperating. Once Blagojevich was too tainted by investigation and Obama was being groomed for the presidency, Obama had to be protected.

Let me make this perfectly clear. I am accusing the US Justice Department of corruption, of being complicit in delaying the arrest of Rod Blagojevich until after the 2008 elections. Furthermore, the Justice Department has purposefully reworded the Indictment and refrained from calling witnesses and revealing testimony that would be further damning for Blagojevich and Obama. This is a criminal act which must be prosecuted.

I am calling for a congressional investigation.

I am also calling for more whistleblowers to come forward. Your identity will be protected.

More US Justice Department corruption coverage to come.