Category Archives: Law firms

Judge Susan Bolton may enjoin Arizona Law in part, SB 1070, Section by section, Citizen Wells open thread, July 24, 2010

Judge Susan Bolton may enjoin Arizona Law in part, SB 1070, Section by section

From The Phoenix New Times July 23, 2010.

“In a day filled with protests, arrests, legal arguments, an appearance by the governor, and at least one certified neo-Nazi, the most significant developments in the SB 1070 saga happened within the Sandra Day O’Connor U.S. Courthouse in Phoenix, not without.

There, Judge Susan R. Bolton oversaw two hearings Thursday where the plaintiffs sought to have her enjoin SB 1070, Arizona’s new “papers, please” legislation. But Bolton, without indicating when she would make a decision, signaled that if she enjoins SB 1070, she will do so in part, perhaps gutting significant portions of the law while leaving the remainder ready to go into effect July 29.

Whatever her decision, legal experts anticipate that her ruling will be appealed to the 9th Circuit Court of Appeals, which would likely put the law on hold.

Although lawyers for the ACLU, MALDEF, and finally the U.S. Department of Justice argued in separate hearings that the law must be taken as a whole, Bolton kept directing them to the specifics of certain provisions.

“You’re not asking me to do that?” Bolton asked ACLU attorney Omar Jadwat at one point in the morning hearing on the ACLU/MALDEF suit about his request that she enjoin 1070 in its entirety.

“Shouldn’t we be talking about it section by section?” she continued. “And talk about what you want me to enjoin?”

She cited the severability clause in the statute, which would allow her to partially enjoin, while leaving the rest of the statute in force.

Jadwat contended that the law’s stated intent, to make “attrition through enforcement” the policy of Arizona, indicated that all parts of SB 1070 were meant to work together toward this goal.

However, Bolton declared that, “I cannot enjoin the [law’s] intent.””

“”Why can’t Arizona be as inhospitable as they wish to [illegal immigrants]?” wondered Bolton at one point.”
“Playing devil’s advocate, Bolton observed that not a day goes by without the news reporting on a drop house being busted by authorities. Didn’t Arizona have a legitimate concern with “public safety” and the “dangerous situation” that harboring illegal aliens causes?”

“Bolton does not have to issue a decision on an injunction before July 29, the date 1070 is scheduled to go into effect, but most observers believed she will.

It’s worth remembering that an injunction would not overturn the law, just place all or part of it on hold until the various lawsuits play themselves out. The question remaining seems to be how much of the law Bolton will allow to go into effect come the 29th.”

Read more:

http://blogs.phoenixnewtimes.com/bastard/2010/07/sb_1070_field_day_will_judge_s.php

Kerchner v Obama and Congress, Update, July 22, 2010, Attorney Mario Apuzzo not liable for costs, US Third Circuit Court of Appeals

Kerchner v Obama and Congress, Update, July 22, 2010

Just in from Charles Kerchner, lead plaintiff in Kerchner v Obama and Congress.

“For Immediate Release – 22 July 2010

Attorney Mario Apuzzo’s Legal ‘Response’ to the U.S. 3rd Circuit Court of Appeal Order is Successful.

The U.S. Third Circuit Court of Appeals Finds Attorney Apuzzo Not Liable for Obama’s/Congress’ Damages and Costs Incurred by Them in Defending the Kerchner Appeal | by Attorney Mario Apuzzo

http://puzo1.blogspot.com/2010/07/third-circuit-court-of-appeals-finds.html

—————————————————–

The Third Circuit Court of Appeals Finds Attorney Apuzzo Not Liable for Obama’s/Congress’ Damages and Costs Incurred by Them in Defending the Kerchner Appeal
On July 2, 2010, the Third Circuit Court of Appeals issued its decision affirming the New Jersey Federal District Court’s dismissal of the Kerchner et al v. Obama/Congress et al case for lack of Article III standing. The Court ordered that I show cause in 14 days why the Court should not find me liable for just damages and costs suffered by the defendants, not in having to defend against the merits of plaintiffs’ underlying claims that Putative President Obama is not an Article II “natural born Citizen,” that he has yet to conclusively prove that he was born in Hawaii, that Congress failed to exercise its constitutional duty to properly vet and investigate Obama’s “natural born Citizen” status, and that former Vice President and President of the Senate, Dick Cheney, and current Speaker of the House, Nancy Pelosi, were complicit in that Congressional failure, but rather in having to defendant against what the court considers to be a frivolous appeal of the District Court’s dismissal of their claims on the ground of Article III standing. On Monday, July 19, 2010, I filed my response. This afternoon, on July 22, 2010, the Third Circuit Court of Appeals issued its decision on whether it should impose the damages and costs upon me. The Court has decided not to impose any damages and costs upon me and has discharged its order to show cause. This means that the matter of damages and costs is closed. Here is the Court’s decision:

“ORDER (SLOVITER, BARRY and HARDIMAN, Circuit Judges) On July 2, 2010, this Court filed an Order to Show Cause directing Appellants’ counsel to show cause in writing why he should not be subject to an Order pursuant to F.R.A.P. 38 for pursuing a frivolous appeal. In response, Mario Apuzzo filed a 95-page statement that contains, inter alia, numerous statements directed to the merits of this Court’s opinion, which the Court finds unpersuasive. His request that the Court reconsider its opinion is denied, as the appropriate procedure for that issue is through a Petition for Rehearing. However, based on Mr. Apuzzo’s explanation of his efforts to research the applicable law on standing, we hereby discharge the Order to Show Cause, filed. Sloviter, Authoring Judge. (PDB).”

I want to thank everyone who supported and encouraged me in this battle. This includes everyone who expressed their feelings on this matter through blog posts, articles, and comments, and emails.

Mario Apuzzo, Esq.
July 22, 2010
http://puzo1.blogspot.com
###
——————————————————

For additional information and/or comment contact Attorney Mario Apuzzo of Jamesburg NJ at:

Blog: http://puzo1.blogspot.com
Email:  apuzzo@erols.com
Tel:  732-521-1900
Fax: 732-521-3906″

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

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

From the Chicago Tribune July 21, 2010.

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

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

Read more:

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

Nothing would surprise me at this point.

Blagojevich trial, US Justice Department corruption, Protecting Obama, Part 5, Tony Rezko and Stuart Levine are best witnesses, Where is Tony Rezko?, Why hasn’t Rezko been sentenced?

Blagojevich trial, US Justice Department corruption, Protecting Obama, Part 5

“The last thing Sen. Barack Obama and Gov. Rod Blagojevich needed was that letter written by convicted Illinois influence peddler Tony Rezko promising he’d never rat out his pals.”…John Kass, Chicago tribune

“Federal authorities have obtained an arrest warrant for Rezko, who is believed to be traveling abroad.”..Rezko indictment press release
“That was when U.S. District Judge Amy St. Eve learned he had received a $3.5 million wire transfer from a business associate abroad.”…Rezko trial transcripts

Blagojevich trial

Protecting Obama

Part 5

Where is Tony Rezko?

What unholy alliance prevented Tony Rezko from being called as a prosecution witness? Was it a pact between Rezko, Blagojevich and Obama? Is the US Justice Department complicit in a coverup? Was there pressure from entities in the Middle East? Perhaps a combination of those forces. In Blagojevich’s own words.

Citizen Wells August 28, 2008
“As his sentencing nears, pressure is mounting on Tony Rezko to cooperate with federal investigations into some of the highest-profile politicians in the state — including Gov. Blagojevich.”

“Now, sources tell the Chicago Sun-Times that Rezko has been seen at the federal courthouse as many as a dozen times since his June conviction. He’s been held since then at the Metropolitan Correctional Center in downtown Chicago.”

“If Rezko’s cooperating, that would be a major development in “Operation Board Games,” the government’s ongoing probe into state boards that’s widened into a broader corruption probe.”

Read more

From the Chicago SunTimes October 9, 2008
“A federal judge this morning officially postponed the sentencing of political fund-raiser Tony Rezko as he continues his discussions with the government.

U.S. District Judge Amy St. Eve indefinitely delayed Rezko’s Oct. 28 sentencing date and told the parties to meet again for a status in the case in December.
The sentencing, originally scheduled for Oct. 28, just before the election, was likely to bring unfavorable publicity to Rezko’s onetime friend Democratic Presidential nominee Barack Obama.

Prosecutors and Rezko lawyers said this morning they did not want to set a future date for sentencing.

Rezko lawyer William Ziegelmueller said they sought the delay to “work together to agree to otherwise narrow differences at sentencing.”

The agreement comes as Rezko is talking to federal prosecutors. The Sun-Times first reported Rezko’s meetings with the feds in August and sources close to the investigation later confirmed the talks last month.”

Read more:

http://www.suntimes.com/news/metro/rezko/1208918,rezko100808.article

From the Chicago SunTimes February 3, 2009

“Convicted businessman Tony Rezko — who is poised to become a crucial witness in the massive corruption case against ex-Gov. Blagojevich — was quietly moved out of a downtown jail and into another facility last month, the Sun-Times has learned.
Authorities seeking Rezko’s cooperation pushed for the move after Rezko complained about being held in the tough confines of solitary imprisonment, known as “the hole,” even as he was providing information to prosecutors, sources said.”

 
“Rezko’s relocation is a sign that even with thousands of taped conversations of the governor, investigators still highly value Rezko’s potential as a witness.”
“Rezko, who served as an adviser and fund-raiser to Blagojevich, provided authorities with substantial information involving the governor and bolstered pay-to-play testimony by former Illinois Finance Authority director Ali Ata, as well as talking about other alleged deals.”

Read more:

http://blogs.suntimes.com/rezko/2009/02/prosecutors_help_move_rezko_ou.html
 

From the Washington Examiner April 20, 2010.

“Where in the world is Tony Rezko?”

“Why is Antoin “Tony” Rezko under lock and key at an undisclosed location, like some sort of CIA-renditioned al Qaeda operative? And why hasn’t he been sentenced yet?

As the June 3 corruption trial of former Illinois Governor Rod Blagojevich for allegedly trying to sell Obama’s former Illinois Senate seat approaches, the whereabouts of the former Blago and Obama fundraiser is literally a state secret.”

“Rezko’s not listed on the federal Bureau of Prisons’ inmate locator, either.”

“Randall Samborn, spokesman for Fitzgerald, told The Examiner that Rezko “remains in federal custody,” although admitting that he didn’t know exactly where the convicted businessman was being held. Samborn also confirmed that “there is no sentencing date,” but would not elaborate. Sources in Chicago tell us that the long delay is “very unusual.””

“Is Rezko being held at another prison facility for his own safety? There are plenty of people in Chicago and Washington who might not want Rezko on the witness stand. They include:

Democratic Senate candidate Alexi Giannoulias.

Rezko was such an enthusiastic customer of Giannoulias’ failing Broadway Bank that he wrote $450,000 in bad checks against his account to pay off gambling debts.

Alderman Eddie Burke

Rezko hired Burke’s law firm to get a 77 percent reduction in the real estate taxes of a 62-acre property along the Chicago River he planned to develop using $140 million in city subsidies. After assuring the Chicago Board of Ethics that he would abstain from any Council votes on Rezko’s project, Burke voted for it anyway, blaming his conflict of interest on “an error.” The project was later abandoned.

President Barack Obama

Rezko was the president’s “real estate fairy,” as one Chicago columnist likes to put it. Remember how they bought a house together in Chicago? Rezko was one of Obama’s earliest and biggest fundraisers and donors. Obama was one of his go-to guys for housing legislation in the Illinois state Senate.

If I were Tony Rezko, I’d be hiding, too.”

Read more:

http://www.washingtonexaminer.com/opinion/blogs/beltway-confidential/where-in-the-world-is-tony-rezko-91619594.html
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 is at least horsecrap and 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:  100 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 don’t forget, Blagojevich’s name was mentioned at least 30 times on one day of the Rezko trial.

Patrick Fitzgerald, I am damn angry and am speaking up about US Justice Department corruption.

The Chicago Tribune just reported this:
“”I felt all along and believed all along that I was going to testify,” he said. But he said the government case wasn’t as they presented it, without calling witnesses  Antoin “Tony” Rezko and Stuart Levine, both convicted in the federal probe.”

Read more:

http://newsblogs.chicagotribune.com/blagojevich-on-trial/2010/07/blago-prosecutors-proved-my-innocence-1.html

Blagojevich trial, Rod not called to stand yet, Rezko and Levine not called by prosecution, Citizen Wells open thread, July 21, 2010

Blagojevich trial, Rod not called to stand yet, Rezko and Levine not called by prosecution

Rod Blagojevich was not called to the witness stand yesterday. Tony Rezko and Stuart Levine were not called by the prosecution. This still smells badly to me and I believe the fix was in on this trial years ago. Blagojevich attorney comments from yesterday, July 20, 2010.

From the Chicago Tribune.

“But in a stunning twist as his time to take the witness stand came, Blagojevich’s attorneys told U.S. District Judge James Zagel on Tuesday that the ex-governor would not testify and that they were prepared to rest their case without calling a single witness, sources told the Tribune. After conferring that message privately to Zagel and prosecutors in a lengthy sidebar, the defense team was told by the judge to mull the decision overnight.

The decision means Blagojevich won’t be able to play any undercover recordings that he felt backed up his denials of wrongdoing. Last week, the judge took parts of two days to decide what recordings could be played for the jury by the defense, though he blocked many of the ones it sought to air.

A number of sources said several factors went into the sudden reversal of course.

 
Blagojevich’s lawyers believed prosecutors had held back part of their case against the former governor to use against him in what promised to be a bruising cross-examination by Assistant U.S. Attorney Reid Schar, who glared toward the defense table after learning of the decision.

The attorneys also were operating under the belief that if Blagojevich testified, convicted fundraiser Antoin “Tony” Rezko, who has cooperated with the government, was likely to be called as a powerful rebuttal witness by prosecutors. Sources have said Rezko, who allegedly helped Blagojevich scheme to make money by leveraging the powers of his office, had not been prepared by prosecutors to testify but was on notice that he could very likely be called to the stand on short order.”

“”Listen, they told us they were going to bring on Rezko,” Adam Sr. said of the prosecution. “They told us they were going to bring on (convicted political insider Stuart) Levine. They told us they were going to bring on all these witnesses and they didn’t do it. They did not bring them on.””

Read more:

http://www.chicagotribune.com/news/local/blagojevich/ct-met-blagojevich-trial-0721-20100720,0,2861528.story

Why wouldn’t the prosecution bring Rezko, Levine and others to the witness stand. Their names are mentioned constantly in all of the legal documents. More on that soon.

US Justice Department corruption in Blagojevich trial, Real Blagojevich trial news, Citizen Wells open thread, July 20, 2010

US Justice Department corruption in Blagojevich trial, Real Blagojevich trial news

I was rereading a US Justice Department document yesterday, the Press Release dated April 2, 2009, that announced the Superceding Indictment of Blagojevich. I encountered a section that caught my attention as I read it with a new perspective. To me it appears a bit Orwellian, an attempt to rewrite history. I am asking for Zach, legal eagles and other astute observers to read this section and compare it to what was in the Criminal Complaint and what the US Justice Dept. knew much earlier. Give me your take on it.

From the Press release.

“The indictment adds several new allegations to those that were lodged in the criminal complaint filed in December when Blagojevich and Harris were arrested. It includes the previous factual allegations that Blagojevich conspired to sell or trade Illinois’ U.S. Senate seat formerly held by President Obama; threatened to withhold substantial state assistance to the Tribune Company in connection with the sale of Wrigley Field to induce the firing of Chicago Tribune editorial board members sharply critical of Blagojevich; and schemed to obtain campaign contributions in exchange for official actions – both historically and in a push late last year before a new state ethics law took effect.

Among the new factual allegations are that:

  • beginning in 2002 and continuing after Blagojevich was first elected
    governor, Blagojevich and Monk, along with Kelly and previously convicted
    co-schemer Antoin “Tony” Rezko, agreed that they would use the offices of
    governor and chief of staff for financial gain, which would be divided among
    them with the understanding that the money would be distributed after
    Blagojevich left public office;
  • in 2003, Blagojevich, Monk, Kelly, Rezko and other co-schemers
    implemented this agreement by directing lucrative state business relating to
    the refinancing of billions of dollars in State of Illinois Pension Obligation
    Bonds to a company whose lobbyist agreed to provide hundreds of thousands of dollars to Rezko out of the fee the lobbyist would collect, and Rezko in turn agreed to split the money with Blagojevich, Monk and Kelly;
  • After it became public that Kelly and Rezko were under investigation and ceased playing a significant role in raising campaign funds, Blagojevich personally continued to trade his actions as governor for personal benefits, including, for example, delaying a state grant to a publicly-supported school while trying to leverage a U.S. Congressman, who supported the school, or the Congressman’s brother, to hold a campaign fundraiser for Blagojevich; and
  • in an interview on March 16, 2005, Blagojevich lied to FBI agents when he said that he maintains a separation, or firewall, between politics and state business; and he does not track, or want to know, who contributes to him or how much they are contributing to him.

http://www.justice.gov/usao/iln/pr/chicago/2009/pr0402_01.pdf

Criminal Complaint.

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

US Justice Department corruption, Obama eligibility, Blagojevich trial, Citizen Wells open thread, July 18, 2010

US Justice Department corruption, Obama eligibility, Blagojevich trial

This was sent to me in an email. It ties in to the articles on US Justice Department corruption .

” The mountain of evidence that is emerging that Barack Hussein Obama is not who and what he portrayed himself to be to the American electorate, the deception goes beyond using forged douments and a farbricated past to swindle the American public into believing that he was Constitutionally  eligible as per the United States Constitution. That same evidence is exposing the corruption in the United States Congress and the Judicial Branch and those that were complicit in the crime of treason against the United States Constitution, which they swore to uphold and protect and the citizens of this nation.
After repeated attempts to have their concerns redressed and investigated and properly handled, they have willingly and with malice and forethought forfeited their obligation, no different the the United States government deciding what laws to enforce when it comes to immigration or cases involving voter intimidation.  Willingly neglecting their oath and obligation is mocking civil government, it’s rules and laws, and the United States Constitution. May God have mercy on their souls, as he will be their final judge.”

http://nobarack08.wordpress.com/2010/07/16/the-preponderance-of-the-evidence-or-the-seriousness-of-the-charge/

Blagojevich trial Rezko not sentenced, Rezko key to Blagojevich and Obama guilt, Citizen Wells open thread, July 17, 2010

Blagojevich trial Rezko not sentenced, Rezko key to Blagojevich and Obama guilt

Tony Rezko has not been sentenced, unless it was done it complete secrecy. Tony Rezko was not called by the prosecution in the Rod Blagojevich trial. It is understandable why the defense team does not want Rezko on the stand.

From the Chicago SunTimes February 3, 2009.

“Convicted businessman Tony Rezko — who is poised to become a crucial witness in the massive corruption case against ex-Gov. Blagojevich — was quietly moved out of a downtown jail and into another facility last month, the Sun-Times has learned.”

“Rezko’s relocation is a sign that even with thousands of taped conversations of the governor, investigators still highly value Rezko’s potential as a witness. The MCC is considered by some inmates to have harsher conditions than county jails.
Upon his conviction in early June of schemes involving state deals, Rezko went to jail voluntarily, saying he wanted to start serving his time. Then, in August, the Sun-Times first reported that the 53-year-old Wilmette resident began meeting with prosecutors.
Rezko, who served as an adviser and fund-raiser to Blagojevich, provided authorities with substantial information involving the governor and bolstered pay-to-play testimony by former Illinois Finance Authority director Ali Ata, as well as talking about other alleged deals.”

Read more:

http://blogs.suntimes.com/rezko/2009/02/prosecutors_help_move_rezko_ou.html

Blagojevich trial defense request, Trial expected to last 3 to 4 months, Prosecution rested case Tuesday, Citizen Wells open thread, July 16, 2010

Blagojevich trial defense request, Trial expected to last 3 to 4 months, Prosecution rested case Tuesday

“You can fool some of the people all of the time, and all of the people some of the time, but you can not fool all of the people all of the time.”…Abraham Lincoln

The prosecution in the Rod Blagojevich trial rested their case on Tuesday, July 13, 2010. Tony Rezko, Stuart Levine and many other potential witnesses were not called. Subsequently, much of the corruption Blagojevich was involved in, as well as Obama, was not exposed. The defense team requested more time to prepare and were given until next Monday to resume the trial.

From the Chicago Tribune July 13, 2010.

“”At all times since the early stages of pretrial litigation in this case, the government asserted to the defense and the court that the government’s case would last approximately three to four months,” the defense filing said. “The government now indicates it will rest its case after just six weeks.””

Read more:

http://www.chicagotribune.com/news/local/blagojevich/ct-met-blagojevich-trial-0713-20100712,0,3451354.story

I warned of this before the trial. More on US Justice Department corruption to come.

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

Blagojevich trial, US Justice Department corruption, Protecting Obama

Blagojevich trial

Protecting Obama

Part 4

Blagojevich arrest  intentially delayed

 

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

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

Those are interesting statements by Fitzgerald.

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

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

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

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

Who made the decision to wait to indict Blagojevich?

Was Patrick Fitzgerald involved in this decision?

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

From the Blagojevich complaint December 7, 2008.

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

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

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

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

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

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

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

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

Timeline is revealing

Patrick Fitzgerald was aware of Blagojevich’s corruption in 2003

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

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

Read more

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

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

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

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

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

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

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

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

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

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

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

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

Read more

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

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

From the Washington Times, November 4, 2008.
“A former Illinois real estate specialist says FBI agents have questioned him about a Chicago property that had been bought by convicted felon Tony Rezko’s wife and later sold to the couple’s next-door neighbor, Sen. Barack Obama.

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

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

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

Read more

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

More harm was done to the citizens of Illinois.

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

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

Why wasn’t Blagojevich arrested by then?

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

Read more

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

March 21, 2008

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

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

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

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

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

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

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

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

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

This is important!

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

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

Now read remarks made by Fitzgerald and the USDOJ.

Fitzgerald aggressively prosecuted Republicans

Former Gov. George Ryan December 31, 2003

“Mr. Fitzgerald announced that he was prosecuting former Gov. George Ryan, a Republican, in a scandal that had been swirling around long before Mr. Fitzgerald got here and that many people thought would never touch the most powerful politicians in Illinois. But there Mr. Fitzgerald was, a week before Christmas, ticking off the details of a 91-page indictment against Mr. Ryan, seemingly from memory.”
Through a spokeswoman, Mr. Fitzgerald declined to be interviewed for this article. Instead, the office issued the four-sentence release. ”Mr. Fitzgerald will become engaged on the matter immediately,” the release said. ”Consistent with the usual practice concerning investigations, Mr. Fitzgerald does not intend to comment any further.”

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

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

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

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

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

MAY 9, 2005
Stuart Levine Indictment

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

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

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

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

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

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

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

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

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

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

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

I am calling for a congressional investigation.

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

More US Justice Department corruption coverage to come.