Category Archives: Judges

Justice Department protecting Obama, Evidence, Evidentiary Proffer, Blagojevich prosecution delayed and manipulated, Collusion

“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

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

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

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

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

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

U.S. Citizens

V.

U.S. Justice Department,

Barack Hussein Obama

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

His response was no less troubling, she said.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1, 11, 12, 14, 15

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

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

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

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

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

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

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

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

“Rezko” is mentioned 170 times.

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

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

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

“Rezko” is mentioned 100 times.

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

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

“Rezko” is mentioned 87 times.

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

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

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

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

“Rezko” is mentioned 288 times.

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

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

the United States Attorneys

Redacted:

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

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

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

 “generally explains why they’re not called.” 

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

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

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