Category Archives: Federal Court

Blagojevich sentencing, Patrick Fitzgerald sentencing memorandum reveals much, Blagojevich prosecution delayed, Obama protected, Live coverage

Blagojevich sentencing, Patrick Fitzgerald sentencing memorandum reveals much, Blagojevich prosecution delayed, Obama protected, Live coverage

“The citizens of Illinois deserve public officials who act solely in the public’s interest, without putting a price tag on government appointments, contracts and decisions.”…Patrick Fitzgerald

“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

“Governor Blagojevich has been arrested in the middle of what we can only describe as a political corruption crime spree. We acted to stop that crime spree.”…Patrick Fitzgerald

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

“By way of comparison, Antoin Rezko,…received a sentence of 126 months imprisonment for corrupt activity that he
engaged in directly with Blagojevich or with Blagojevich’s tacit approval. Yet, Rezko:
(a) held no elected office of trust;”…Patrick Fitzgerald Sentencing Memorandum

The 2 day sentencing hearing for Rod Blagojevich begins in a few minutes. Patrick Fitzgerald and the US Justice Department have done their best to delay the prosecution of Blagojevich and protect Obama. This should be clear to anyone paying attention, even the House Judiciary Committee. If you watch closely and pay attention, Patrick Fitzgerald let’s the cat out of the bag on several occasions.

From the Government’s Sentencing Memorandum, signed by Patrick Fitzgerald and filed on November 30, 2011.

“Over the course of a relatively brief period of time, during his machinations
surrounding the appointment of a United States Senator, and the shakedowns of
hospital and racetrack executives, the defendant revealed his corrupt, criminal
character. But, as the evidence and Blagojevich’s conduct at his trials established, these were not isolated incidents. They were part and parcel of an approach to public office that defendant adopted from the moment he became governor in 2002. In light of Blagojevich’s extensive corruption of high office, the damage he caused to the integrity of Illinois government, and the need to deter others from similar acts, the government suggests a sentence of 15 to 20 years imprisonment is sufficient but not greater than necessary to comply with § 3553.”
“Blagojevich’s criminal activity was serious, extended, and extremely damaging.
Blagojevich was the sitting governor of Illinois when he committed his crimes. As the chief executive of the state, Blagojevich was in a special position of responsibility to the public. His abuse of office is particularly grave given the faith put in him by the citizens of Illinois.”
“Blagojevich agreed to use his official powers for personal benefit from the very
moment he became governor. On the heels of one corrupt governor and after running on a campaign to end “pay-to-play,” Blagojevich took office and immediately began plotting with others to use the Office of Governor for his personal gain through fraud, bribery, and extortion. Blagojevich and others committed a variety of criminal acts for several years before Blagojevich became aware of the FBI investigation into his actions and the actions of his administration. As the evidence demonstrated, Blagojevich continued his criminal acts through 2008 despite his knowledge of the FBI’s investigation. Indeed, the arrest and conviction of various members of Blagojevich’s
inner circle did nothing to dissuade Blagojevich from continuing his criminal activity until the day of his arrest.3”
“Blagojevich held up funding to every children’s hospital in the State of
Illinois.”
“Further deprecating Blagojevich’s appreciation for his criminal conduct is his
request for a probationary sentence. See Statement of Aaron Goldstein on Chicago Tonight, 9/28/11. By way of comparison, Antoin Rezko, who voluntarily surrendered immediately after conviction to start serving what he knew would be a prison sentence, recently received a sentence of 126 months’ imprisonment for corrupt activity that he engaged in directly with Blagojevich or with Blagojevich’s tacit approval. Yet, Rezko:
(a) held no elected office of trust; (b) was not involved in any of Blagojevich’s 2008 criminal activity; (c) provided some cooperation to the government that proved valuable; (d) endured harsh conditions of confinement; and (e) ultimately accepted full responsibility for all of his criminal conduct. Blagojevich engaged in extensive criminal conduct with and without Rezko, provided no cooperation, perjured himself for seven days on the witness stand, and has accepted no responsibility for his criminal conduct. A probationary sentence would be entirely inconsistent with promoting respect for the law, and the request in itself demonstrates Blagojevich’s continuing refusal to recognize the seriousness of his criminal conduct.13”
“Blagojevich repeatedly committed serious criminal acts that have done
enormous damage to public confidence in Illinois government.”

Notice above that Patrick Fitzgerald helps make the case for Blagojevich being prosecuted first.

“By way of comparison, Antoin Rezko,…received a sentence of 126 months imprisonment for corrupt activity that he engaged in directly with Blagojevich or with Blagojevich’s tacit approval. Yet, Rezko:
(a) held no elected office of trust;”

Yes, indeed, Patrick Fitzgerald allowed Blagojevich to remain in office until December 8, 2008 even though they knew as early as late 2003 that the Blagojevich Administration was involved in widespread corruption. If you are still not convinced, here is a Citizen WElls article from November 13, 2011.

Tony Rezko, Rod Blagojevich and other Chicago corruption figures are scheduled for sentencing in a few days. The US Justice Department knew about corruption in the administration of Governor Blagojevich by at least the latter part of 2003. Here is what we know from US Justice Department and court records and media reports.

2002

From the Blagojevich arrest press release.

Pay-to-Play Schemes

“The charges include historical allegations that Blagojevich and Harris schemed with others – including previously convicted defendants Antoin Rezko, Stuart Levine, Ali Ata and others – since becoming governor in 2002 to obtain and attempt to obtain financial benefits for himself, his family and third parties, including his campaign committee, Friends of Blagojevich, in exchange for appointments to state boards and commissions, state employment, state contracts and access to state funds.”

2003

From the Washington Post December 22, 2008.

The wide-ranging public corruption probe that led to the arrest of Illinois Gov. Rod Blagojevich got its first big break when a grandmother of six walked into a breakfast meeting with shakedown artists wearing an FBI wire.
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.

Her tapes led investigators down a twisted path of corruption that over five years has ensnared a collection of behind-the-scenes figures in Illinois government, including Joseph Cari Jr., a former Democratic National Committee member, and disgraced businessman Antoin “Tony” Rezko.

http://www.washingtonpost.com/wp-dyn/content/article/2008/12/21/AR2008122102334.html?wpisrc=newsletter

2004

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

Why wasn’t Rod Blagojevich indicted in 2005?

  • 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.
  • September 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.”
  • October 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.

Or

2006

  • August 5, 2006: The Chicago Tribune reports that Stuart Levine is cooperating with the federal investigation of state government.
  • October 11, 2006: Stuart Levine pleads guilty. Levine is cooperating with the government. Patrick Fitzgerald: “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.”  http://www.justice.gov/usao/iln/pr/chicago/2006/pr1011_01.pdf

Or

2007

  • January 16, 2007:”Judicial Watch filed an open records lawsuit against the office of Governor Rod Blagojevich (D-IL), who is under federal investigation on several fronts, including corrupt hiring practices. Judicial Watch’s lawsuit, filed on January 16, 2007 in the Cook County, Illinois Circuit Court, specifically seeks, among other documents, any and all grand jury subpoenas received by the Governor’s office or any state agencies under the Governor’s control. The subpoenas reportedly were issued by U.S. Attorney Patrick Fitzgerald’s office.Governor Blagojevich’s office refuses to release the subpoenas, claiming they are exempt from public disclosure. In a letter to Judicial Watch dated December 7, 2006, Allison Benway, Legal Counsel for Governor Blagojevich stated, “This Office cannot confirm or deny the existence of the documents requested, and even if this Office were to have documents responsive to your request, such documents would be exempt from release…””  http://www.judicialwatch.org/blagojevich
  •  March 9, 2007: Anita Mahajan, with business ties to Patti Blagojevich, received six felony charges.
  • December 13, 2007: Blagojevich fundraiser Christopher Kelly is indicted on federal tax evasion charges.

Or prosecuted in spring of 2008 instead of Tony Rezko.

Rod Blagojevich was governor of Illinois and had been monitored since late 2003. Tony Rezko was a businessman and never called as a witness.

Despite the doubletalk coming from Patrick Fitzgerald about protecting the citizens of Illinois, Blagojevich was arrested after the 2008 election in December.

Patrick Fitzgerald’s own words are damning.

“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.””

“Governor Blagojevich has been arrested in the middle of what we can only describe as a political corruption crime spree. We acted to stop that crime spree.”.

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

And perhaps one more.

“We make no allegations that Obama was aware of any alleged scheming by Blagojevich.”

https://citizenwells.wordpress.com/2011/11/13/blagojevich-prosecution-delayed-us-justice-department-patrick-fitzgerald-conspiracy-tony-rezko-fall-guy-rezko-attorneys-contact-me/

Susan Berger, a freelance journalist, will be covering the hearing live and reporting on Twitter. The live reports can be found here:

http://es.twitter.com/Msjournalist

Rod Blagojevich sentencing live coverage, Susan Berger freelance journalist, Judge James Zagel, December 6 and 7, 2011, John Wyma motion denied

Rod Blagojevich sentencing live coverage, Susan Berger freelance journalist, Judge James Zagel, December 6 and 7, 2011, John Wyma motion denied

“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 Rod Blagojevich sentencing hearing will take place this Tuesday and Wednesday, December 6 and 7, 2011. Susan Berger, a freelance journalist, will be covering the hearing live and reporting on Twitter. The live reports can be found here:

http://es.twitter.com/Msjournalist

Or here:

http://citizenwells.net/2011/12/05/rod-blagojevich-sentencing-live-coverage-december-6-and-7-2011-susan-berger-freelance-journalist-judge-james-zagel/

A comment was placed on this site recently asking about the outcome of the Blagojevich defense motion regarding John Wyma testimony. Susan Berger reported.

“Judge Zagel denied motion to vacate as untimely. Also denied Wyma motion as threshold not met I.e. No new evidence”

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

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

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

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

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

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

Daily Calendar

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

Honorable James B. Zagel                    Courtroom 2503 (JBZ)

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

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

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

From the Chicago Tribune November 29, 2011.

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

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

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

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

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

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

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

Read more:

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

From the Chicago SunTimes November 28, 2011.

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

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

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

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

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

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

Read more:

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

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

More on John Wyma corruption ties forthcoming.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Read more:

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

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

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

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

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

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

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

Daily Calendar

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

Honorable James B. Zagel                    Courtroom 2503 (JBZ)

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

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

The Chicago Tribune reports the following December 1, 2011.

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

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

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

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

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

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

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

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

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

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

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

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

Read more:

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

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

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

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

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

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

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

Daily Calendar

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

Honorable James B. Zagel                    Courtroom 2503 (JBZ)

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

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

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

From the Chicago Tribune November 28, 2011.

“Judge denies Blagojevich request to hear new tapes”

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

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

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

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

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

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

Read more:

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

From the Chicago SunTimes November 28, 2011.

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

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

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

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

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

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

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

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

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

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

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

Provena officials could not immediately be reached for comment.

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

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

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

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

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

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

From the Chicago SunTimes November 28, 2011.

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

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

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

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

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

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

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

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

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

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

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

Provena officials could not immediately be reached for comment.

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

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

Thanks to commenter Bessie.

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

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

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

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

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

From NBC Chicago November 25, 2011.

“Blago Attorneys Want Off-Limits Tapes Heard”

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

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

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

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

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

From Citizen Wells July 18, 2011.

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

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

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

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

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

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

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

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

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

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

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

Daily Calendar

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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