Tag Archives: Judge Zagel had scheduled Rod Blagojevich resentencing for June 30

Blagojevich resentencing August 9, 2016?, US Supreme Court decision to throw out bribery conviction of former Virginia governor unlikely to help, Judge Zagel had scheduled Rod Blagojevich resentencing for June 30

Blagojevich resentencing August 9, 2016?, US Supreme Court decision to throw out bribery conviction of former Virginia governor unlikely to help, Judge Zagel had scheduled Rod Blagojevich resentencing for June 30

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

“Regardless of how this plays out, it benefits Obama. If there is no appeal or the appeal is denied, Blagojevich will be sequestered. If the appeal proceeds, it could drag out beyond impacting the 2012 election cycle. The intent is obvious.”…Citizen Wells, July 19, 2011

 

August 9, 2016

Blagojevich sentence upheld.

https://citizenwells.com/2016/08/09/rod-blagojevich-resentencing-august-9-2016-blagojevich-apologizes-for-actions-and-weeps-sentence-upheld/

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The resentencing of Rod Blagojevich had been scheduled by Judge Zagel for June 30, 2016.

A motion that appeared on Judge Zagel’s calendar yesterday for today has disappeared.

From Canmua June 28, 2016.

“Supreme Court ruling unlikely to affect Blagojevich resentencing”

“A unanimous U.S. Supreme Court decision Monday to throw out the bribery conviction of a former Virginia governor will play little role in the ongoing legal odyssey of Rod Blagojevich, the former Illinois governor’s lawyer said.

“It really doesn’t change anything,” said Blagojevich’s lawyer, Leonard Goodman. “I don’t think this will be a primary focus.”

Blagojevich has served more than four years in a federal prison in Colorado for misusing his powers as governor in an array of shakedown schemes, most famously for his alleged attempts to sell the Senate seat vacated by Barack Obama after his 2008 election as president.

In March, the Supreme Court declined to hear Blagojevich’s appeal of a 14-year prison sentence. A federal appeals court last year dismissed several counts against the former governor and ordered he be resentenced, but the three-judge panel called the evidence against him “overwhelming” and made it clear he will likely remain locked up for years to come. Blagojevich is scheduled to be resentenced Aug. 9.

While the case of another former governor, Bob McDonnell of Virginia, offers tempting parallels, the high court’s ruling will not do much to shape the legal strategy in the Blagojevich proceedings, Goodman said.

The Supreme Court vacated the 2014 conviction on fraud and extortion charges against McDonnell, who accepted more than $165,000 in loans and gifts from a wealthy businessman. The high court’s opinion hinged on the definition of what should be considered an “official act” of a public official. The Supreme Court ruled that while McDonnell’s actions were “distasteful” and “tawdry,” the government overreached in its “boundless interpretation of the federal bribery statute.”

But the “official act” element does not apply in the Blagojevich case, Goodman said.

“Those legal issues are not really front and center at the resentencing,” Goodman said. “That’s really our main focus right now: trying to bring him home to his family.”

Still, Goodman said, “There’s some irony in the fact that a guy who did take loans and gifts of cars and watches, his case is overturned, and Blagojevich never did any of that.”

“There is some concern about the overreaching,” Goodman said.

Goodman said he had not spoken to Blagojevich about the McDonnell ruling.”

Read more:

http://canmua.net/virginia/supreme-court-ruling-unlikely-to-affect-blagojevich-resentencing-977353.html

From CNN JUne 27, 2016.

“Supreme Court vacates former Virginia Gov. Bob McDonnell’s conviction”

“The Supreme Court on Monday unanimously threw out the conviction of former Virginia Gov. Bob McDonnell.

The 8-0 decision left open the possibility for McDonnell to be retried, but in the meantime, his conviction was vacated.
McDonnell, once a rising star in Republican politics, was convicted on federal corruption charges in 2014. He was found guilty of violating the law when he received, gifts, money and loans from Jonnie R. Williams, the CEO of a Virginia-based company, in exchange for official acts seen as favorable to Williams and his business.
The case centered around the question of what constitutes the scope of an “official action” under federal corruption law.
Writing for the court, Chief Justice John Roberts set a clear definition of the term and how it can be used in corruption convictions.
“In sum, an ‘official act’ is a decision or action on a ‘question, matter, cause, suit, proceeding or controversy,” Roberts wrote. “Setting up a meeting, talking to another official, or organizing an event (or agreeing to do so) — without more — does not fit that definition of an official act.”
He also said that political corruption can still be prosecuted by the government, and noted that McDonnell’s actions were “distasteful.”
“There is no doubt that this case is distasteful; it may be worse than that,” Roberts wrote. “But our concern is not with tawdry tales of Ferraris, Rolexes, and ball gowns. It is instead with the broader legal implications of the government’s boundless interpretation of the federal bribery statute. A more limited interpretation of the term ‘official act’ leaves ample room for prosecuting corruption, while comporting with the text of the statute and the precedent of this court.”
The impact should extend far beyond McDonnell’s conviction, said Steve Vladeck, CNN contributor and professor of law at American University Washington College of Law.
“Today’s ruling should clarify — and dramatically narrow –the scope of federal anti-corruption law, and could open the door to challenges from a number of other former public officials convicted under these federal laws, including Gov. McDonnell’s wife, Maureen, former Illinois Gov. Rod Blagojevich, and others.””
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