Category Archives: Federal Court

Blagojevich prosecutors oppose retrial, Deny allegations of bias, Blagojevich 158 page motion, Prosecution 133 page motion

Blagojevich prosecutors oppose retrial, Deny allegations of bias, Blagojevich 158 page motion, Prosecution 133 page motion

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

“Will Obama be thrown under the bus”

From the Chicago Tribune August 23, 2011.

“Blagojevich prosecutors deny allegations of bias”

“Responding to former Gov. Rod Blagojevich’s motion to dismiss his June conviction on public corruption charges, federal prosecutors in a filing late Monday rejected  allegations of bias, saying trial decisions were focused on facts and evidence relevant to the charges.

Blagojevich filed a 158-page motion in late July, saying his case should be dismissed because of alleged widespread judicial and prosecutorial bias against him.

“In reality, there was no bias, manipulation, or unfairness on the part of the prosecution, judge or jury. Defendant was fairly convicted by a jury of his peers based on overwhelming evidence, and his post-trial motions therefore should be denied,” prosecutors said in their filing.

U.S. District Court Judge James Zagel, the judge at trial, will eventually rule on whether to dismiss the case. While that outcome would appear highly unlikely, the defense filing offered a glimpse of the likely issues that Blagojevich’s lawyers will target in an eventual appeal with a federal appellate court.

A federal jury convicted Blagojevich in June on 17 of 20 wire fraud, bribery, attempted extortion and conspiracy counts, including allegations he tried to sell the U.S. Senate seat left open by Barack Obama’s election to president in 2008.

The former governor was also convicted at his first trial last summer on a single count of lying to the FBI. The jury, however, deadlocked on all the other counts, setting the stage for the retrial. Blagojevich is set to be sentenced Oct. 6.

The government, in the 133-page motion, dealt with some of the more headline-grabbing allegations made by the defense, including the idea that there were missing phone calls amid the numerous wiretaps the government presented as evidence during the trial.

One of those calls involving former Blagojevich chief of staff John Harris, the government said, was simply not recorded and therefore not available.

“The likely reasons why the call was not intercepted are that Harris took the call on a non-wiretapped phone line, or that the call took place during a time his phone line was not being monitored,” the motion reads. “As the records provided to the defense make clear, there was no break in the wiretaps and no deletion of recordings that would account for this call not being recorded,” the government said of one of the calls.”

Read more:

http://www.chicagotribune.com/news/local/breaking/chi-blagojevich-prosecutors-deny-allegations-of-bias-20110823,0,2667746.story

Daniel Frawley sentencing scheduled for August 24, 2011, Judge Ronald A. Guzman, Frawley deposition links Rezko Obama money

Daniel Frawley sentencing scheduled for August 24, 2011, Judge Ronald A. Guzman, Frawley deposition links Rezko Obama money

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

“Why did Mutual Bank fire whistleblower Kenneth J Connor after he challenged the appraisal on the land purchased by Rita Rezko, just prior to the land sale to Obama?”…Citizen Wells

“Why do 3 supporters own Obama’s home?”…World Net Daily

Daily Calendar   

Wednesday, August 24, 2011  (As of 08/17/11 at 07:47:49 AM 

Honorable Ronald A. Guzman                  Courtroom 1219 (RAG)

1:11-cr-00056   USA v. Frawley                         10:30   Sentencing     

From Citizen Wells August 3, 2011.

“Has Daniel Frawley been talking to the Feds? Apparently Frawley will be sentenced on August 24, 2011. This comes after his sentencing hearing was suddenly delayed recently. A Chicago SunTimes article dated July 11, 2011 indicated that Frawley has been cooperating with the Feds.

“UPDATE: After this story was published Monday morning, U.S. District Judge Ronald A. Guzman canceled Daniel T. Frawley’s sentencing hearing, which had been scheduled for Tuesday. Court records did not indicate why Guzman did this. Frawley’s sentencing had not been re-scheduled.
Daniel T. Frawley once teamed with Tony Rezko — the political fixer who’s now in jail — in what turned out to be a doomed effort to open a training school for Iraqi security forces in western Illinois. Now, Frawley faces a federal prison stretch of his own.

On Tuesday, the 60-year-old onetime Chicago cop is set to appear before a federal judge for sentencing after pleading guilty in February in a $4.4 million bank fraud.

The scheme appears to have no connection to Rezko, the Wilmette businessman who was once a prolific campaign fund-raiser for politicians including the current president, Barack Obama, and the recently convicted former governor, Rod Blagojevich.

Still, federal prosecutors are seeking a reduced sentence for Frawley — of a year and a half in prison, rather than the 35 years he could face — apparently because Frawley has been secretly cooperating since at least 2006 in their investigation of Rezko, who was found guilty in June 2008 of having used his clout with the Blagojevich administration to enrich himself and his business associates.

Details about Frawley’s cooperation with the U.S. attorney’s office, the FBI and the Illinois attorney general’s office can be gleaned from a 65-page court deposition he gave seven months ago in a legal-malpractice lawsuit that he filed against his former longtime lawyer, George Weaver. In the lawsuit, Frawley accuses Weaver of having overbilled him and telling him to “withhold certain information from the government” when he was cooperating with authorities.

That sworn statement, given Dec. 1, 2010, is posted at suntimes.com/news/watchdogs. In it, Frawley talks about three meetings he’s had with law enforcement authorities since 2006. The deposition outlines how he secretly recorded Rezko, and it raises a new and unsubstantiated question about Rezko’s once-close relationship with Obama — an issue that dogged the then-U.S. senator during his presidential campaign four years ago.”

“More compelling passages from the Daniel Frawley deposition were presented at Citizen Wells on July 15, 2011.

“Attorneys Franklin & Schutte represent Frawley, plaintiff.

Attorney Konicek represents George Weaver, defendant.

Frawley: “George told me that he had a meeting at his office on LaSalle Street with Dan Mahru, with some people from First Bank–I didn’t know how many at the time–and himself. And George instructed me not to attend.”

Konicek: “So who said it to you, and where was it said to you?”

Frawley: “Dan Mahru told me that First Bank was agreeable to a settlement.”

Konicek: “In March 13, 2006, you had a conversation with Mr. Weaver where you say he instructed me not to cooperate.”

Frawley: “Yes, I had a conversation with Mr. Weaver where he instructed me not to cooperate.”
Frawley: “I was on the phone, making a phone call to Tony Rezko. I had a luncheon engagement with him.”

“George was outside of the room where I was making the telephone call, and the purpose of the call was for me to keep my luncheon engagement with Tony Rezko and to go over and to record Tony Rezko.”

“George saw and heard me on the phone, came running in and went like this [demonstrating]: Cut it,”

Franklin: “For the record, the deponent is crossing his hands across his throat.”

Konicek: “And Tony Rezko was where when you were speaking to him?”

Frawley: “He was on the other end of the phone. I don’t recall where he was.”
Konicek: “I’m assuming the information is about the payments made by Rezko to Obama, so we know we’re talking about the right conversation, right?”

Konicek: “Am I correct it was about Obama being paid by Rezko?”

Frawley: “I’m not answering that question, based upon my attorney’s instructions.”

Konicek: “But on March 13, 2006, you’ve already indentified for me being at 219 South Dearborn. You’re talking to Tony rezko on the phone, and Mr. Weaver makes this gesture to you, right?”

Frawley: “Mr. Weaver made the gesture and told me to get off the phone, to end the phone call.”
Konicek: “Okay. And then where were you instructed not to cooperate?”

Frawley: “In the same building, at 219 South Dearborn….in a different room.”
Konicek: “Did you bring to Mr. Weaver in Hinsdale a statement showing payment to Tony Rezko in the amount of $ 1.5 million?”
Konicek: “Are you going to answer?”

Frawley: “No.”

Konicek: “Are you asserting your Fifth Amendment privilege?”

Frawley: “Yes.””

Read more:

https://citizenwells.wordpress.com/2011/08/03/daniel-frawley-sentencing-august-24-2011-frawley-talking-for-lighter-sentence-daniel-frawley-throwing-rezko-and-obama-under-bus/

Tony Rezko sentencing remains October 21, 2011, Rezko not called at Blagojevich trial, William Cellini trial?

Tony Rezko sentencing remains October 21, 2011, Rezko not called at Blagojevich trial, William Cellini trial?

“Why was Obama in constant contact with Tony Rezko in 2004 when Rezko was conspiring with William Cellini to use TRS, Teacher Retirement Fund, assets for political gain and personal enrichment?”…Citizen Wells

“Illinois is Six Degrees of Bill Cellini.”…John Kass, Chicago Tribune

From the Chicago Tribune August 16, 2011.

 “Convicted influence peddler Rezko still on for sentencing just weeks after ex-Gov. Blagojevich”

“A convicted influence peddler remains on track to be sentenced weeks after his one-time benefactor, former Gov. Rod Blagojevich.

Prosecutors said at a status hearing Tuesday that they want to stick with an Oct. 21 sentencing date for Tony Rezko.

The government has portrayed Rezko as the ultimate insider who pulled strings in Blagojevich’s administration.

A jury convicted Rezko in 2008 of squeezing kickbacks from businessmen eager to land state contracts.

The 56-year-old appeared at Tuesday’s hearing in jail clothes and chains binding his ankles. He smiled weakly and waived at relatives on courtroom benches.”

Read more:

http://www.chicagotribune.com/news/local/sns-ap-il–blagojevichtrial-rezko,0,1617012.story

Why does the Chicago Tribune not mention the William Cellini trial scheduled for October 3, 2011?

William Cellini was mentioned numerous times during the Tony Rezko trial in early 2008. Cellini was indicted in October 2008.

Press release

http://www.justice.gov/usao/iln/pr/chicago/2008/pr1030_01.pdf

Indictment

http://www.justice.gov/usao/iln/pr/chicago/2008/pr1030_01a.pdf

 
Cellini 101

Tony Rezko status hearing, August 11, 2011, Judge Amy J. St. Eve, US District Court

Tony Rezko status hearing, August 11, 2011, Judge Amy J. St. Eve, US District Court

Tony Rezko, convicted of corruption in June of 2008, has a status hearing with  Judge Amy J. St. Eve in US District Court on August 11, 2011.

Thursday, August 11, 2011

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

1:05-cr-00691   USA v. Rezko                           09:00   Status Hearing             

http://www.ilnd.uscourts.gov/home/DailyCal/1.htm#St.Eve

Joseph Cari sentenced, Blagojevich Rezko Obama Biden ties, Cari pressured by Stuart Levine, John Harris and Alonzo Monk await sentencing

Joseph Cari sentenced, Blagojevich Rezko Obama Biden ties, Cari pressured by Stuart Levine, John Harris and Alonzo Monk await sentencing

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

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

“There is enough corruption in Illinois so that all it takes is someone who is serious about finding it to uncover it. If a U.S. attorney is not finding corruption in Illinois, they’re not seriously looking for it.”…Northwestern Law Professor James Lindgren

From the Chicago Tribune August 9, 2011.

“A federal judge chose not to send a cooperating witness in the prosecution of Rod Blagojevich to prison for his role in trying to shake down an asset management firm, sentencing the former fundraiser on Tuesday to three years of probation.

Joseph Cari, 58, is one of the first notable figures to be sentenced of those who took plea deals and testified against the impeached Illinois governor. Blagojevich’s former chiefs of staff John Harris and Alonzo Monk are among those still awaiting sentencing.

Cari, who pleaded guilty to attempted extortion, told Judge Amy St. Eve just before she sentenced him that he took full responsibility for his actions and was sorry.

“I will live with the shame and pain for the rest of my life,” he said.

A former finance chairman of the Democratic National Committee, Cari described to jurors at Blagojevich’s first corruption trial how the then-governor boasted to him in 2003 about how governors could pressure companies desperate for state business for campaign cash.

Prosecutors decided not to call Cari as part of their streamlined case at the retrial this year, where Blagojevich was convicted of counts including trying to sell or trade President Barack Obama’s vacated U.S. Senate seat for a high-paying job or campaign donations. Blagojevich is slated to be sentenced Oct. 6.

As part of Cari’s probation, St. Eve said he must remain on home confinement for the first nine months, though he will be able to leave to go to work or even to travel abroad on business. The maximum prison sentence for extortion is 20 years.”

“At Blagojevich’s first trial, Cari told jurors that the governor’s advisers dangled the possibility that he could get law business and other fees from the state if he put his fundraising contacts to work for a possible Blagojevich run for the White House.

Cari said he eventually bowed to pressure from Stuart Levine, a Blagojevich campaign contributor and influential member of the board that governed a multibillion-dollar fund that pays the pensions of Illinois teachers not in Chicago. Levine wanted Cari to call the Virginia-based asset management firm and warn them they would lose an $80 million allocation from the fund if they didn’t hire a consultant they had never met. Cari said that when the head of the management firm asked why, he had a simple answer: “That’s the way they do it in Illinois.””

Read more:

http://www.chicagotribune.com/news/nationworld/sns-bc-il–blagojevichtrial-cari,0,5737774.story

From Citizen Wells August 26, 2008.

“Just when you thought it couldn’t get any better. Just when you thought the height of lies, deception and corruption had been achieved. Along comes another tie to Tony Rezko and crime and corruption in Chicago and Illinois. We have a balanced ticket in Obama and Biden. They both have ties to Tony Rezko and Joseph Cari.”

“Vice-presidential candidate Sen. Joseph Biden, D-Del. (left), has been advised since 1984 by Joseph Cari (right), the Chicago lawyer and onetime mega-fundraiser who has been tied to the Antoin “Tony” Rezko patronage scandal.”

“Chicago lawyer and onetime mega-fundraiser Joseph Cari has advised Biden and his campaigns on and off since 1984, serving in posts as varied as a Senate adviser on crime to the Midwest Political Director for Biden’s aborted 1987 presidential bid. In 2005 Cari helped arrange private meetings for Biden with potential supporters, as the senator explored another run for the White House. He has also worked to raise money for Biden . “

“Cari admitted that in 2004 he helped a Rezko associate by making calls in what turned out to be a kickback scheme. The deal was an offshoot of a complex corruption scheme wrought by Antoin “Tony” Rezko , whose ties to Obama have vexed the White House hopeful . Cari has maintained he did not know the details of that scheme or any other.”

Read more:

https://citizenwells.wordpress.com/2008/08/26/biden-tied-to-rezko-fraud-figure-abc-news-obama-rezko-biden-joseph-cari-biden-campaign-advisor-fundraiser-chicago-lawyer-more-chicago-corruption-in-obama-team/

From Citizen Wells June 17, 2010.

“Joseph Cari, Democratic National Committee finance chairman, tied to Chicago corruption, is on the witness stand today, Thursday, June 17, 2010. Cari is a two for one witness. He has ties to corruption and Joe Biden.

From the Tony Rezko trial.

April 15, 2008
“Former Democratic fundraiser Joseph Cari testified Tuesday afternoon about a 2003 fundraising trip he took to New York with Gov. Rod Blagojevich, offering some of the most damaging testimony for the governor to emerge from the trial of his fundraiser Antoin “Tony” Rezko.

Cari said the governor told him that he thought it would be easy to raise money for a presidential run because a governor had the ability to raise money by handing out contracts and state business.

Cari said his conversation with Blagojevich took place on a private plane arranged by Stuart Levine, the star witness in the case against Rezko who finished lengthy testimony earlier Tuesday.

Blagojevich told him how happy he was to be governor, Cari said, “but also that he had aspirations beyond the governorship.”

Cari said he discussed with Blagojevich why former President Bill Clinton had been successful running for the office as a sitting governor in Arkansas. Blagojevich told him that it was easier for a governor to make a run than a senator “because a governor had the ability to award contracts,” Cari said. “It was easier to obtain contributions.””

“Cari said he met with Stuart Levine at Rezko’s office in January that year. Rezko said he had the power to award contracts and get consultants hired through the governor’s then-chief of staff, Lon Monk, Cari said.

“Mr. Monk took direction from [Rezko],” Cari told the jury.

Rezko illustrated his clout by picking up the phone and apparently calling Monk in front of him, Cari said.”

“Cari said he was a go-between for one of his partners at HealthPoint and tried to follow Levine’s orders to have a finder’s fee paid on an $80 million allocation for JER from the Illinois Teachers’ Retirement System.

When the arrangement was delayed, Cari said, he spoke to a JER executive who was shepherding the TRS deal and told her what Levine had communicated to him. If JER didn’t hire the consultant that had been named, the allocation would be pulled.

“I unequivocally told her that,” Cari testified.

The governor and the people around him selected law firms, investment firms and consultants that were used in such arrangements, Cari said he told the executive.

“This has been the history of Illinois and this is the way in Illinois that it’s done,” he said.””

Read more:

https://citizenwells.wordpress.com/2010/06/17/blagojevich-trial-joseph-cari-two-for-one-witness-cari-tied-to-chicago-corruption-and-joe-biden-joseph-cari-testimony-june-17-2010/

Obama past surfaces again, Health Facilities Planning Board rigging, Pam Davis listening device

Obama past surfaces again, Health Facilities Planning Board rigging, Pam Davis listening device

“Why was Obama in constant contact with Tony Rezko in 2004 when Rezko was conspiring with William Cellini to use TRS, Teacher Retirement Fund, assets for political gain and personal enrichment?”…Citizen Wells

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

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

Obama’s past corruption ties have surfaced again. This will continue to happen.

From Citizen Wells JUly 15, 2011.

“Obama and the US Justice Department must believe that they have done a masterful job of protecting Obama while aggressively prosecuting his corruption buddies. But the ghosts of Christmast past keep appearing.

Tony Rezko and Stuart Levine are awaiting sentencing. Rod Blagojevich will certainly appeal his convictions. William Cellini is awaiting trial in October 2011. And Daniel Frawley mentioned Rezko and Obama and $ 1.5 million dollars as well as Rezko’s old partner Daniel Mahru in a deposition December 1, 2010.”

Read more

I was pleased and amazed to see a reference to the Health Facilities Planning Board and Pam Davis in a Chicago Tribune article dated July 26, 2011.

“As the 18 jurors stood in a cramped freight elevator and left
theChicago federal building for the first time as a group, the woman
whom they later chose to be their leader said the sobering importance
of their task could be read on each face.

“There was a lot of stunned silence,” said Connie Wilson, a retired
Naperville church choral director who served as forewoman in the
recent retrial of former Illinois Gov. Rod Blagojevich. “There was a
lot of nerves, shocked expressions and even some tears.”

Wilson offered another glimpse Monday into the inner workings of the
federal jury that last month convicted Blagojevich on 17 of 20 counts
of fraud, corruption and attempted extortion.”

“Two members in the audience played an early but crucial role in the
FBI investigation that uncovered widespread corruption in
Blagojevich’s administration.

Pam Davis, CEO of Edward Hospital in Naperville, and William Kottmann,
CEO of Edward Medical Group, both secretly wore a listening device for
the FBI for eight months in 2003 after raising extortion complaints in
their bid to build a $218 million hospital inPlainfield.

Davis said they were told that If they hired builder Jacob Kiferbaum’s
firm, , the then-Illinois Health Facilities Planning Board would
support their plans. Later, Kiferbaum and health board member Stuart
Levine and Tony Rezko, a top Blagojevich fundraiser, either pleaded
guilty or were convicted on federal charges.

Listening to Wilson speak, Davis said she felt vindicated.

“There was fallout,” Davis said. “But I felt this man (Blagojevich)
was corrupt and his corruption was widespread. It was worth the effort
that he was finally convicted.””

Read more

From Citizen Wells March 14, 2011.

“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.”

Read more

Blagojevich motion for retrial, July 26, 2011, Judicial bias by Judge James Zagel, Wiretaps should be played

Blagojevich motion for retrial, July 26, 2011, Judicial bias by Judge James Zagel, Wiretaps should be played

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

“There is enough corruption in Illinois so that all it takes is someone who is serious about finding it to uncover it. If a U.S. attorney is not finding corruption in Illinois, they’re not seriously looking for it.”…Northwestern Law Professor James Lindgren

From the Chicago Tribune July 26, 2011.

“Blagojevich asks for new trial, cites judicial bias”

“Former Gov. Rod Blagojevich, convicted last month of wire fraud, bribery, attempted extortion and conspiracy in his second federal public corruption trial, filed a motion late Monday for another retrial, citing numerous instances of alleged judicial bias and error that helped the prosecution “strip away the effective aspects of the defense case.”

“Virtually every error in this trial stemmed from the fact that this Court deprived Blagojevich of the presumption of innocence and exhibited bias against the defense,” the motion asserted. “The Court formed a closed mind to the evidence and made findings of fact.”

The motion said that “the government did not only benefit from the first trial, it used every opportunity to strip away the effective aspects of the defense case. … The Court rubber-stamped the government’s requests.”

The litany of criticisms in the 158-page document touched on everything from jury selection to Blagojevich’s attorneys’ long-held argument that more of the secretly-recorded phone calls that were at the heart of the government case should be played.

The motion also noted that U.S. District Judge James Zagel ruled against Blagojevich at nearly every turn.

His attorneys also zeroed in on Blagojevich’s decision to testify at the second trial — arguing that while Zagel had assured Blagojevich’s defense team that taking the stand would allow Blagojevich the chance to explain his behavior, his rulings during the testimony prevented that.

Blagojevich did not testify during his first trial last year in which a jury convicted him of one of 24 counts against him — that he lied to the FBI. The jury deadlocked on the rest of the charges, leading to the second trial and his sweeping conviction last month on an additional 17 counts.”

Read more:

http://www.chicagotribune.com/news/local/breaking/chi-blagojevich-asks-for-new-trial-cites-judicial-error-20110726,0,350836.story

July 25 2011 Blagojevich appeal deadline, Wiretaps sealed, 2 percent of recordings reveal Obama connections

July 25 2011 Blagojevich appeal deadline, Wiretaps sealed, 2 percent of recordings reveal Obama connections

“Why was Obama in constant contact with Tony Rezko in 2004 when Rezko was conspiring with William Cellini to use TRS, Teacher Retirement Fund, assets for political gain and personal enrichment?”…Citizen Wells

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

“There is enough corruption in Illinois so that all it takes is someone who is serious about finding it to uncover it. If a U.S. attorney is not finding corruption in Illinois, they’re not seriously looking for it.”…Northwestern Law Professor James Lindgren

Rod Blagojevich has until July 25, 2011 to appeal his convictions. The denial by Judge Zagel of the defense motion to unseal the wiretap evidence may be justification enough.

From Citizen Wells July 18, 2011.

The Federal rules on discovery are crystal clear.

“Federal Rules of Criminal Procedure”

“IV. ARRAIGNMENT AND PREPARATION FOR TRIAL > Rule 16.

Rule 16. Discovery and Inspection

(a) Government’s Disclosure.

(1) Information Subject to Disclosure.”

“(B) Defendant’s Written or Recorded Statement.

Upon a defendant’s request, the government must disclose to the defendant, and make available for inspection, copying, or photographing, all of the following:

(i) any relevant written or recorded statement by the defendant if:

•the statement is within the government’s possession, custody, or control; and
•the attorney for the government knows — or through due diligence could know — that the statement exists;”

Read more

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

With this much information revealed about Obama in 2 percent of the wiretaps, the other 98 percent should have enough to hang him. Of course the US Justice Department and Obama’s buddy Eric Holder won’t let that happen.

Blagojevich appeal strategy will reveal more about setup, Protecting Obama, Crucify Blagojevich or off the hook?

Blagojevich appeal strategy will reveal more about setup, Protecting Obama, Crucify Blagojevich or off the hook?

“Why was Obama in constant contact with Tony Rezko in 2004 when Rezko was conspiring with William Cellini to use TRS, Teacher Retirement Fund, assets for political gain and personal enrichment?”…Citizen Wells

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

“There is enough corruption in Illinois so that all it takes is someone who is serious about finding it to uncover it. If a U.S. attorney is not finding corruption in Illinois, they’re not seriously looking for it.”…Northwestern Law Professor James Lindgren

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?

From the defense motion.

“A Protective Order was entered on the evidence in this case on April 14, 2009. Blagojevich has made prior requests to release recordings and other evidence in this case (the most recent filing of this nature was on February 8, 2011, Pacer Document #602). The instant request is of a global nature and requests that the Protective Order be lifted in its entirety.”

“The defense is put in the disadvantaged position of having to examine all filings to be sure the Protective Order has not been violated. The defense must also carefully craft arguments in such a manner to not violate the Protective Order. This impairs counsel‟s ability to vigorously and zealously defend Blagojevich. Yet the government is not circumscribed at all by the Protective Order. It is a fundamentally unfair playing field.”

“A recent example: Blagojevich filed a Motion for Discovery to Obtain Contents of Missing Telephone Calls, which was heavily and painstakingly redacted prior to filing.”
“Indeed, the parameters for recording wiretapped conversations are such that the F.B.I. is only to record conversations that it believes are pertinent to the charges that form the basis for the wiretap authorization. With thousands of recordings, making up many hundreds of hours, one would think the government would seek to play as much as possible to meet its heavy burden of proof beyond a reasonable doubt. However, the opposite is true – the government has released and played in court only fractions of a fraction (approximately 2%) of the recordings. If Blagojevich has violated the law, as the government alleges, why would the government seek to keep the evidence under lock and key?”

“If the prosecution is indeed interested in the truth, and not just seeking a notch-in-the-belt conviction, then the government should not challenge this request to lift the Protective Order.”

““The public prosecutor cannot take as a guide for the conduct of his office the standards of an attorney appearing on behalf of an individual client. The freedom elsewhere wisely granted to a partisan advocate must be severely curtailed if the prosecutor‟s duties are to be properly discharged. The public prosecutor must recall that he occupies a dual role, being obligated, on the one hand, to furnish that adversary element essential to the informed decision of any controversy, but being possessed, on the other, of important governmental power that are pledged to the accomplishment of one objective only, that of impartial justice. Where the prosecutor is recreant to the trust implicit in his office, he undermines confidence, not only in his profession, but in government and the very ideal of justice itself.””

“Moreover, the Protective Order prevents the whole truth from being heard. This not only violates the prosecution‟s ethical duties to „do justice‟ but instead leads to a vast injustice against Blagojevich.”

http://www.prnewschannel.com/pdf/Blagojevich_Protective_Order_2-17-11.pdf

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.

We got the following from 2% of the wiretaps that were released. What damning comments are contained in the rest?

Blagojevich appeal, Federal rules of Criminal Procedure, Denial of tapes setup?, Federal Discovery rules clear

Blagojevich appeal, Federal rules of Criminal Procedure, Denial of tapes setup?, Federal Discovery rules clear

“Why was Obama in constant contact with Tony Rezko in 2004 when Rezko was conspiring with William Cellini to use TRS, Teacher Retirement Fund, assets for political gain and personal enrichment?”…Citizen Wells

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

“There is enough corruption in Illinois so that all it takes is someone who is serious about finding it to uncover it. If a U.S. attorney is not finding corruption in Illinois, they’re not seriously looking for it.”…Northwestern Law Professor James Lindgren

I have researched, analyzed and lived with Operation Board Games and the Chicago corruption involving Tony Rezko, Stuart Levine, Rod Blagojevich, Barack Obama, et al for over 3 years. I am sticking with the following conclusion I came to.

The fix was in in 2006. Blagojevich, who had been the presumptive presidential candidate until then was exposed. Barack Obama would replace him and he had to be protected. That is why the prosecution of Blagojevich was delayed and dragged out. There is more to this saga.

We are awaiting news of the Blagojevich appeal. Was this a setup too or was Blagojevich designated as the sacrificial lamb?

From the Chicago Tribune June 28, 2011.

“Blagojevich appeal likely to revisit complaint about tapes”

“Rod Blagojevich and his lawyers have long complained that prosecutors and the judge in his two trials were fundamentally unfair, but after his sweeping corruption conviction Monday, only a successful appeal built on that belief stands between the former governor and a possible double-digit prison sentence.

From early denials of Blagojevich’s demands to “play all the tapes” in his case, to U.S. District Judge James Zagel’s limiting of the former governor’s defense at his retrial, Blagojevich has always felt handcuffed, said one of his lawyers, Sam Adam Jr.

“If you look at the whole process, he was condemned from the moment he was arrested,” contended Adam, who took part in the first trial, which ended largely deadlocked.

Blagojevich was convicted on 17 corruption charges, including all 11 counts alleging he sought something of value for himself to fill the U.S. Senate seat vacated by Barack Obama after his 2008 election as president.

Blagojevich, who has been found indigent by the court, will likely seek to have a lawyer appointed in the coming weeks to represent him in the appeal, Adam said. Taxpayer money would be used to pay for that attorney.

The appeal will likely argue that in both trials, the judge unfairly barred the defense from playing many undercover recordings critical to its case, severely limited cross-examination of government witnesses and allowed too many jurors who professed bias onto the panel, Adam said.

The government was allowed to play at trial more than 90 of the secretly made recordings of Blagojevich, Adam said, while the defense was allowed just four.

“The jury only got to hear one side of the tapes,” Adam said. “If you do that, you’re going to guarantee a conviction.”

In a mistrial motion filed June 9 as closing arguments were under way, the team of defense lawyers at the retrial accused Zagel of bias and having a “closed mind” on the evidence.”

Read more:

http://articles.chicagotribune.com/2011-06-28/news/ct-met-blagojevich-appeal-20110628_1_sam-adam-undercover-recordings-zagel

The Federal rules on discovery are crystal clear.

“Federal Rules of Criminal Procedure”

“IV. ARRAIGNMENT AND PREPARATION FOR TRIAL > Rule 16.

Rule 16. Discovery and Inspection

(a) Government’s Disclosure.

(1) Information Subject to Disclosure.”

“(B) Defendant’s Written or Recorded Statement.

Upon a defendant’s request, the government must disclose to the defendant, and make available for inspection, copying, or photographing, all of the following:

(i) any relevant written or recorded statement by the defendant if:

•the statement is within the government’s possession, custody, or control; and
•the attorney for the government knows — or through due diligence could know — that the statement exists;”

http://www.law.cornell.edu/rules/frcrmp/Rule16.htm

Was this part of the setup?