April 22, 2010
— Ace

Actually, this is a false deployment of Slublog's Flaming Blago-Skull. I am just posting it because I haven't had an excuse to in forever.
I really don't have an excuse now, either, because this is pretty much a non-story.
But damn it's funny.
Ousted Illinois Governor Rod Blagojevich has asked a federal judge subpoena the president to testify at his corruption trial.In a motion filed Thursday with U.S. District Judge James Zagel, Blagojevich attorney Sam Adam says President Barack Obama has direct knowledge of allegations made in the indictment.
It would be extremely unusual for a sitting president to testify at a corruption trial.
Let me just say it's unlikely the judge will grant the motion. Supposedly US presidents can be compelled to testify this way, but, after the Clinton debacle, I have a feeling judges are going to come up with reasons to not grant such motions.
Even if the motion is granted, which it probably won't be, I doubt very much that Obama has much interesting to say. Or that he would say, even if he had something interesting to say. It strikes me as very unlikely he would have cared so much about this seat he'd be willing to engage in bribery. Note that that's not me saying I think he's a paragon of incorruptible virtue. Far from it. It's just that even serial liars are capable of making rational decisions about "What does this get me, and what could I lose?"
I mean, I'm sure he'd break the law for something he cared about. Like healthcare. Or raising taxes. But getting his top pick for a Senate seat which would almost surely stay liberal Democrat no matter what he did? Surely he wasn't that invested in his particular successor to play footsie with bribery.
I am sure there are a lot of overly-optimistic conservatives, always really hoping that this or that subpoena pans out, and I guess it's fine to hope like that, but the long history of this sort of thing suggests that nothing will come from it. I just want to caution against that; I remember when I was on that bandwagon myself, in the Clinton years, and was always hoping that this House panel would finally get to the truth.
I wound up politically broken-hearted every six months.
Except for the Lewinsky thing, and that didn't really pay off politically at all. Clinton stayed in office and the Democrats picked up seats.
This is PR move by Blagojevich -- he and his wife are now on realty-tv shows every year, after all -- and some kind of attempt the pressure Democratic-connected prosecutors to avoid a big trial and give him a generous plea offer.
Typical We'll put the system on trial! desperation.
Thanks to Star Chamber Maid.
More Details: Thanks to Intaglio. Here's the Chicago Sun-Times summary, and here's the actual defense filing.
Defense lawyers in the case of Rod Blagojevich moved today to issue a trial subpoena to the President of the United States, asking for his testimony at this June's trial.They argue in a federal court filing that President Obama would act as a corroborating witness to former governor Blagojevich.
"There are two conflicting stories and the defense has the right to admit evidence that contradicts the government's claims. Only President Obama can do this," defense lawyers wrote.
Last year, Blagojevich's lawyers asked for FBI reports of an interview with President Obama.
The White House has declined comment.
"As of today's date, the defense has not received any notes, transcripts, or reports from President Obama's interview with the government," defense lawyers wrote.
"President Obama has direct knowledge to allegations made in the indictment. In
addition, President Obama's public statements contradict other witness statements, specifically those made by labor union official and Senate Candidate B (Valerie Jarrett). It is anticipated that labor union official will be a witness for the government. His accounts of events directly related to the charges in the indictment are contradicted by President Obama's public statement," defense lawyers wrote.
Doesn't say what contradictory statements they have in mind. Note: Actually, Blago's brief does say what statements they have in mind -- but they're all redacted by the court. The only thing that you can tell from the unredacted parts is that Blagojevich is disputing whether the president had any representatives taking part in these "deals."
They are specifically demanding Obama come to court to sit in the witness box, instead of being allowed to give videotaped testimony in a deposition, which reinforces my belief this is a motion intended to hassle the prosecution.
Oh: Defense also says they haven't received any notes at all from Obama's two-hour interview with the FBI. That won't do -- the defense gets anything material. I can't see how it was material to interview Obama at all and yet the contents of that interview are immaterial to the defense's case.
I imagine Blago's going for some kind of "everyone does it, this is the normally-accepted method of doing things in Chicago" defense, and Obama having a representative at these deal-making meetings would support that.
Except I don't know if something illegal can be made legal just due to common practice. Everyone knows this is how things are done in Chicago -- but that's not a defense to a corruption charge.
Posted by: Ace at
10:15 AM
| Comments (89)
Post contains 900 words, total size 6 kb.
Posted by: Mama AJ at April 22, 2010 10:18 AM (XdlcF)
Posted by: Vic at April 22, 2010 10:20 AM (QrA9E)
However, this would have been Ogabe's first real opportunity to exercise some real power. Very tempting...
Also, we know how petty he is. He completely misunderstands how to behave like a responsible adult. How could he resist this?
The idea that Ogabe is not hip deep in this sounds silly to me.
Posted by: Hexenkessel at April 22, 2010 10:21 AM (mI11M)
"See--even the President says I'm innocent!"
Posted by: Noel at April 22, 2010 10:23 AM (Hh13R)
Posted by: RushBabe at April 22, 2010 10:24 AM (LKkE8)
Posted by: Hexenkessel at April 22, 2010 10:24 AM (mI11M)
This is an unusually corrupt president.
It strikes me as very unlikely he would have cared so much about this seat he'd be willing to engage in bribery.
But he's a witness, not a conspirator? So Blago wants him to say, "Yeah, I overhead him and Je$$e talkin' about it in the men's room"? And thinks he's not going to lie about it?
Posted by: HeatherRadish at April 22, 2010 10:25 AM (mR7mk)
President Obama : Now let me be perfectly clear, I have nothing but the utmost respect and admiration for Bluto.
Prosecutor : Umm, President Obama, the defendants name is Blagojevich, not Bluto.
President Obama : And there's no possible way he could be guilty of corruption. Why when I woke up this morning there were no asteroids falling from the sky, and nobody had killed granny.
Prosecutor : Mr. President, seriously, what does any of this have to do with the question I asked you?
President Obama : Well I'm getting to that, if you'd stop interrupting. It's not like we don't want don't ask don't tell you know. We do. Were working on that. It's a work in progress. You see ....
<27 minutes later>
And that's why we need reform right now and we just can't wait any longer. I hope that makes things perfectly clear.
Prosecutor: Ummm.. well no, actually, you went on for half an hour and never once answered my question.
President Obama: Oh? Well obviously your not with the mainstream media then. They never seem to notice.
Posted by: StuckOnStupid at April 22, 2010 10:25 AM (e8T35)
Posted by: Dack Thrombosis at April 22, 2010 10:26 AM (P33XN)
Death by a thousand cuts is still death.
Posted by: IllTemperedCur at April 22, 2010 10:26 AM (VY5KX)
Posted by: alexthechick at April 22, 2010 10:26 AM (8WZWv)
Posted by: Lefty Apologist Who Doesn't Keep Up With Changing Times at April 22, 2010 10:27 AM (ERJIu)
Posted by: the guy wondering where the guy who screamed in fuego dissappeared to at April 22, 2010 10:27 AM (pr+up)
Posted by: HeatherRadish at April 22, 2010 10:27 AM (mR7mk)
Posted by: Zimriel at April 22, 2010 10:28 AM (9Sbz+)
Posted by: Dr. Spank at April 22, 2010 10:28 AM (I1/U/)
I smell burning hair.
Eh...I'm startinng to like this guy Blago...he's got moxy. And he's a hoot, did ya see him on Celebrity Apprentice...OMG!!
Posted by: dananjcon at April 22, 2010 10:29 AM (pr+up)
Posted by: Seriously at April 22, 2010 10:29 AM (L6I86)
Posted by: joncelli at April 22, 2010 10:30 AM (RD7QR)
Posted by: nevergiveup at April 22, 2010 10:31 AM (0GFWk)
Posted by: Sort-of-Mad Max at April 22, 2010 10:33 AM (ERJIu)
Don't be scared baby. BLAGO-SKULL is here to take care of all your needs.
Posted by: BLAGO-SKULL at April 22, 2010 10:33 AM (I1/U/)
In fact, if I started my own blog, I would totally steal the idea and name my blog (FBS) Flaming Blago Skull.
Either that or Pancake Rage Incidecent (PRI)...
Posted by: Sam at April 22, 2010 10:35 AM (Cxsey)
"Surely he wasn't that invested in his particular successor to play footsie with bribery."
I suspect Obama was hip deep in this mess and made one big time promise to someone for his seat.
Posted by: Johnnyreb at April 22, 2010 10:35 AM (Mv/2X)
Posted by: Jean at April 22, 2010 10:36 AM (OlnxK)
Is there even a case against this guy? Other than some trumped up RICO charge, where's the bloody glove; where's the crime?
Posted by: Secret Squirrel at April 22, 2010 10:36 AM (uFokq)
Posted by: TheQuietMan at April 22, 2010 10:36 AM (1Jaio)
Now we know why Andy Stern was the most frequent visitor to the White House this past year.
Read the defense brief.
9. Yet, despite President Obama stating that no representatives of his had any part of any deals, labor union president told the FBI and the United States Attorneys [ -------redacted------- ]
10. Labor union official told the FBI and the United States Attorneys [ -------redacted------- ]
12. On November 5, 2008, Blagojevich told John Harris that labor union official [ -------redacted------- ]
17. President-elect Obama also [ -------redacted------- ]
18. President-elect Obama [ -------redacted------- ] Senate Candidate A to Governor Blagojevich. John Harris told the FBI and the United States Attorney [ -------redacted------- ]
19. President-elect Obama [ -------redacted------- ]
22. However, the defense has a good faith belief that Mr. Rezko, President ObamaÂ’s former friend, fund-raiser, and neighbor told the FBI and the United States Attorneys [ -------redacted------- ]
Even some of the footnotes in this brief have been redacted.
Posted by: Sam Adams at April 22, 2010 10:36 AM (1kwr2)
Posted by: ncj on his htc at April 22, 2010 10:36 AM (9EMw+)
Confession: the hair wasn't supposed to move. I just couldn't get the layers of the animated gif to line up right.
Posted by: Slublog at April 22, 2010 10:37 AM (qjKko)
Posted by: joeindc44 at April 22, 2010 10:38 AM (QxSug)
Posted by: ncj on his htc at April 22, 2010 02:36 PM (9EMw+)
That's all been solved with Big Z moving the pen. Yeah right
Posted by: TheQuietMan at April 22, 2010 10:38 AM (1Jaio)
@26
I could not disagree more. Can you imagine being Blago - a seasoned pol who actually had some real world experience - having to play second fiddle to the community organizer? Before Ogabe was fellated on the national level, he was fellated at the state level. I would image many Illinois pols taking acception to this. Ogabe made plenty of enemies in Illinois politics.
Posted by: Hexenkessel at April 22, 2010 10:38 AM (mI11M)
Posted by: Atomic Roach at April 22, 2010 10:39 AM (Oxen1)
Posted by: Mippilis at April 22, 2010 10:40 AM (VWhPF)
Other than the entertainment value it provides us all, it's a waste of time and effort.
He'd get better results issuing a subpoena to Al Capone.
Posted by: Dell at April 22, 2010 10:41 AM (ZC9lz)
Posted by: volfan at April 22, 2010 10:44 AM (Tuf1i)
Yeah, it's not uncommon for prosecutors to have a very very different idea of the concept of material than for defense. Or the Court for that matter.
Posted by: alexthechick at April 22, 2010 10:46 AM (8WZWv)
Posted by: joncelli at April 22, 2010 10:47 AM (RD7QR)
Posted by: Mippilis
They request Obama, and they get denied. And most people would roll with this, as Ace argued above. Then the supeonas start coming. Rahm, Jarrett, Stern and Satan alone knows who else get hit. Defending their exclusion is harder, especially after Captain Wonderful gets the pass.
Then the fun begins.
Which of them, if any, does Blago have dirt on? (think: Stern)
Are any indictable?
Can any of them get tagged for false/misleading testimony?
Posted by: Blue Hen at April 22, 2010 10:47 AM (R2fpr)
Posted by: volfan at April 22, 2010 02:44 PM (Tuf1i)
Somebody has something huge on that clown. SIRS (Sudden Inexplicable Retirement Syndrom) doesn't occur in a vacuum.
Posted by: Johnnyreb at April 22, 2010 10:47 AM (y67bA)
During the campaign I was watching channel five WMAQ local news. The story was that Ogabe was at UChicago hospital because he allegedly hurt his knee hooping it up. The camera followed Ogabe into the hospital. It was night time. In the background I could see Blago. Someone said 'Hi governor' and Blago ducked behind a corner. This has always struck me as odd. This was late in the campaign when it was painfully clear who the victor would be.
It's a mistake to believe that there are certain things Ogabe will not stoop to. He is dirty to the core, narcissitic, and tireless. Anointing his successor would have right up his alley.
Posted by: Hexenkessel at April 22, 2010 10:49 AM (mI11M)
Posted by: History calling at April 22, 2010 10:49 AM (XOvcc)
Posted by: skree at April 22, 2010 10:50 AM (uYlcx)
9. Yet, despite President Obama stating that no representatives of his had any part of
any deals, labor union president told the FBI and the United States Attorneys that he
spoke to labor union official on November 3, 2008 who received a phone message
from Obama that evening. After labor union official listened to the message
labor union official told labor union president “I’m the one”. Labor union
president took that to mean that labor union official was to be the one to deliver
the message on behalf of Obama that Senate Candidate B was his pick. (Labor
union president 302, February 2, 2009, p. 7).
10.Labor union official told the FBI and the United States Attorneys “Obama expressed
his belief that [Senate Candidate B] would be a good Senator for the people of
Illinois and would be a candidate who could win re-election. [Labor union
official] advised Obama that [labor union official] would reach out to Governor
Blagojevich and advocate for [Senate Candidate B].. . . [Labor union official]
called [labor union president] and told [labor union president] that Obama was
aware that [labor union official] would be reaching out to Blagojevich.” (Labor
union official 302, February 3, 2009 p. 3).
11. According to Senate Candidate B, on November, 4 2008, Senate Candidate B
spoke with labor union official about the Senate seat. Labor union official said
he spoke to Obama. Labor union official said he was going to meet with
Blagojevich and said “he was going to push Blagojevich hard on this. According
to Senate Candidate B, labor union officialÂ’s language could have been stronger
than the language that she was reporting to the government.” (Senate Candidate
B 302, December 19, 200
12. On November 5, 2008, Blagojevich told John Harris that labor union official “talked
to Barack Obama, wants to come and see me.” Blagojevich then told Harris that
labor union official “was very explicit with me, “I talked to Barack about the
Senate seat. Can I come and see ya? Can I do it tomorrow?’ I said, sure.”
(Blagojevich Home Phone Call # 261).
13. A supporter of Presidential Candidate Obama suggested that she talk to the wife of
Governor Blagojevich about Senate Candidate B for Senator. (Valerie Jarrett
302, December 19, 200
mentioned in a phone call on November 3, 2008, having offered “fundraising” in
exchang
17. President-elect Obama also spoke to Governor Blagojevich on December 1, 2008
in Philadelphia. On Harris Cell Phone Call # 139, John Harris and GovernorÂ’s
legal counsel discuss a conversation Blagojevich had with President-elect Obama. The government claims a conspiracy existed from October 22, 2008
continuing through December 9, 2008.6 That conversation is relevant to the defense
of the governmentÂ’s theory of an ongoing conspiracy. Only Rod Blagojevich and
President Obama can testify to the contents of that conversation. The defense
18. President-elect Obama also suggested Senate Candidate A to Governor Blagojevich.
John Harris told the FBI and the United States Attorneys that he spoke to
PresidentÂ’s Chief of Staff on November 12, 2008. Harris took notes of the
conversation and wrote that PresidentÂ’s Chief had previously worked as
Blagojevich's press secretary. Obama agreed of Staff told Harris that Senate
Candidate A was acceptable to Obama as a senate pick. (Harris handwritten
notes, OOG1004463) President’s Chief of Staff told the FBI that “he could not
say where but somewhere it was communicated to him that” Senate Candidate A
was a suggested candidate viewed as one of the four “right” candidates “by the
Obama transition team.” (Rahm Emanuel 302, p. 5, December 20, 200
told Blagojevich ObamaÂ’s suggestion on November 12, 2008 (Blagojevich Home
Phone Call # 539).
19. President-elect Obama was also involved in other senate candidate choices. On
December 8, 2008, John HarrisÂ’ secretaryÂ’s call log noted PresidentÂ’s Chief of
Staff called at 10:47 am and wrote “needs to talk to you asap” (Harris 302,
February 20, 2009). PresidentÂ’s Chief of Staff told the FBI that he had a
conversation discussing the Senate seat with Obama on December 7, 2008 in
Obama’s car. President’s Chief of Staff told the FBI “Obama expressed concern
about Senate Candidate D being appointed as Senator. [PresidentÂ’s Chief of
Staff] suggested they might need an expanded list to possibly include names of
African Americans that came out of the business world. [PresidentÂ’s Chief of
Staff] thought he suggested Senate Candidate E who was the head of the Urban League and with PresidentÂ’s Chief of StaffÂ’s suggestion." (PresidentÂ’s Chief of
Staff, 302, 12-20-0
Posted by: IreneFingIrene at April 22, 2010 10:50 AM (JKe0g)
former friend, fund-raiser, and neighbor told the FBI and the United States Attorneys
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. Â… 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. Â… 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
23. President Obama is the only one who can testify as to the veracity of Mr. RezkoÂ’s
allegations above.
10 The defense has a good faith belief that this public official is Barack Obama. See, “Obama on Rezko deal: It
was a mistake”, Dave McKinney, Chris Fusco, and Mark Brown, Chicago Sun Times, November 5, 2006. Senator
Barack Obama was asked: “Did Rezko or his companies ever solicit your support on any matter involving state or
federal government? Did Al Johnson, who was trying to get a casino license along with Tony Rezko, or Rezko
himself ever discuss casino matters with you?” Senator Obama answered: “No, I have never been asked to do
anything to advance his business interest. In 1999, when I was a State Senator, I opposed legislation to bring a
casino to Rosemont and allow casino gambling at docked riverboats which news reports said Al Johnson and Tony
Rezko were interested in being part of. I never discussed a casino license with either of them. I was a vocal
opponent of the legislation.” Obama’s involvement with Tony Rezko and this legislation coincides with the
three paragraph summary the government has provided to the defense referenced above.
Posted by: IreneFingIrene at April 22, 2010 10:51 AM (JKe0g)
Posted by: Rachel Corrie Admiration Society LLC at April 22, 2010 10:54 AM (VY5KX)
Posted by: Penfold at April 22, 2010 10:54 AM (1PeEC)
What are you, a scientist? </Seinfeld>
Just highlight the redacted part and paste into notepad. Voila.
Posted by: IreneFingIrene at April 22, 2010 10:57 AM (JKe0g)
Posted by: underdown at April 22, 2010 10:58 AM (UBfKW)
Posted by: HeatherRadish at April 22, 2010 11:01 AM (mR7mk)
We're thinking that Blago's got a yen to sleep wid us.
Posted by: da fishes at April 22, 2010 11:01 AM (+FkcS)
Posted by: ed at April 22, 2010 11:02 AM (Urhve)
Obama is eyeball deep in this mess with Blago. You have to believe it is true on a deep down primal level. Obama is so arrogant that just the idea of exercising his newly-aquired political power probably made his taint moist.
Posted by: Don at April 22, 2010 11:03 AM (tTj19)
He's been playing to the jury pool for months now. He used specific lingo in one of his statements last week that is meaningful to the black community.
He's looking for that one juror who will decide the government is out to get him.. that they are hiding evidence.. that one witness who wil buck the system and deny Fitzpatrick his conviction.
That's all he needs.. just one juror.
and by the way.. I surely hope this case is in full swing come election day!
Posted by: Chi-Town Jerry at April 22, 2010 11:04 AM (f9c2L)
If Obama has to testify, will he get to use a teleprompter??
I can just imagine him without one, being grilled by a good defense attorney.
"Uh.. uh.. well.. the thing is.. I.. uh.."
Posted by: Chi-Town Jerry at April 22, 2010 11:08 AM (f9c2L)
37 Blago skull is my magnum opus. It's doubtful I'll ever be able to top it.
Posted by: Slublog at April 22, 2010 02:37 PM (qjKko)
A legend worthy of remembrance.
Posted by: Sam at April 22, 2010 11:10 AM (Cxsey)
Posted by: d at April 22, 2010 11:19 AM (sHgQm)
After watching Blago on The Celebrity Apprentice, I thought two things were pretty clear:
He's too incompetent to be a successful crook and
He's no rat.
Other than the fact that politics is clearly flowing through his veins at such a rate that he can't be anything other than a politician, I actually came away from the show a little less hostile towards the guy.
Posted by: jmflynny at April 22, 2010 11:19 AM (LyOUH)
The irony here is the redaction by Blagojevich's lawyers is about as tip top as his history as a governor.
In short, Blago thinks Rezko donated funds to another public official that is not named Blagojevich in a quid pro quo agreement. Blago says that public officials, which they are "redacting" is Barack Obama.
FYI: Blagojevich appointed Eric Holder in 2004 to investigate claims of a rigged decision with the Illinois Gaming Board awarding a casino license to Rosement, IL.
It's just about obvious at this point that Obama's appointees in the Executive Branch will stay right where they are so they cannot be subpoenaed to testify in the defense of Rod Blagojevich. These are motions to tie the case up in court for years in order to force the White House to protect Holder, Jarret, and Rahm.
Posted by: wtfci at April 22, 2010 11:20 AM (+zo63)
Posted by: wtfci at April 22, 2010 11:22 AM (+zo63)
A lot of the crooks tried and convicted in Chicago have tried to make the common practice argument. It has failed every time and the jurors have usually been disgusted and insulted by the claims.
Posted by: ed at April 22, 2010 11:28 AM (Urhve)
Posted by: AmishDude at April 22, 2010 11:39 AM (T0NGe)
45...
Exactly. Place your hand on the Bible..."Why, certainly!"
It reminds me of the scene in Gone with the Wind where the yankee officer asks Rhett Butler if he would swear on his honor and Butler replied "On my honor. Why certainly." or...something like that.
Funny thing is, I can't find the quote in any of the scripts.
Posted by: jmflynny at April 22, 2010 11:40 AM (LyOUH)
Anytime is appropriate for the Blago Flaming Skull. You have to give the guy credit he has balls...big, well coiffed hairy balls.
Posted by: mpfs at April 22, 2010 11:59 AM (iYbLN)
Obama was head of Blago's re-election campaign. As I recall, there was a clip of him on tv saying "you betcha" to a "reporter" when asked if he wholly supported "Hot Rod" [yes, the reporter really used the term] Blagojevich.
Posted by: TheThinMan at April 22, 2010 12:30 PM (W3XUk)
Posted by: demoncrat at April 22, 2010 12:32 PM (GkYyh)
Posted by: Bill H at April 22, 2010 12:43 PM (q8CmE)
Posted by: ed at April 22, 2010 12:52 PM (Urhve)
Posted by: Candy at April 22, 2010 08:40 PM (0DuZ0)
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he and his wife are now on realty-tv shows
They're still able to sell houses in this economy?
Posted by: RushBabe at April 22, 2010 10:18 AM (LKkE8)