By John Minnis
Legal News
Illinois is far from our normal coverage area, but I find the Blagojevich case irresistible.
With the possible exception of an admin at Geoffrey Fieger’s office, everyone is familiar with the sad saga of the hapless and dethroned former Illinois governor, Rod R. Blagojevich.
I called Fieger’s office in the off chance of getting his observations on the case — not just as an attorney but as someone who also faced federal prosecutors and prevailed. When told of the reason for my call, Fieger’s admin said she had never heard of Blagojevich after I spelled and pronounced the name for her, but she said she would pass along my message to the big guy. I’m still waiting his call back.
Last week, 12 jurors in federal court in Chicago found Blagojevich guilty of only one of 24 charges against him. They found the former governor guilty of the least offense: lying to the FBI. After nearly two months of testimony and 14 hours of deliberation, the jurors were unable to come to a unanimous conviction on the other charges. The closest they came was an 11-1 split on convicting him of attempting to sell President Barack Obama’s former Senate seat.
Of course, Blagojevich loudly proclaimed his innocence. In fact, he transformed himself into a media star, appearing on “Celebrity Apprentice,” impersonating Elvis, writing a book and hosting a weekly radio talk show.
On the courthouse steps, he vowed to appeal the minor conviction.
Meanwhile, prosecutors are planning to retry Blagojevich on the 23 outstanding charges.
Good luck.
I do not admire the man. He is loud, obnoxious and probably guilty as charged. The FBI had 500 hours of recorded phone conversations that depict the former governor as an insecure man who was jealous of Obama, sick of being governor and worried about supporting his family.
Did he seek to enrich himself in office? Of course. He is not alone. How else do you explain politicians going into office on borrowed money and leaving as millionaires?
Did he lie to the FBI? Of course. As they say in “Law & Order,” defendants are expected to lie to police.
Interestingly, the jurors, while finding Blagojevich extreme, failed to see where he did anything more than many other politicians. It seems juries — at least, this jury — do not expect exemplary behavior out of a politician, just as one does not expect judicial conduct from a used-car salesman.
The jurors also failed to see where a crime was committed. Sure, Blagojevich sought money or personal gain for political appointments or favor, but he wasn’t very good at it. The prosecution failed to show where, despite all his efforts, the former governor received anything. He wasn’t even good at being corrupt.
The jury had a difficult time taking conspiracy charges seriously. After all, people may conspire to rob a bank, but if they never go through with it, did they commit a crime? The feds think so, but not Blagojevich’s jury.
The defense won the case without presenting a single witness, not even Blagojevich. The federal prosecutor vows to try again.
Again, good luck!
