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Rod Blagojevich Trial to Begin: Media Team in Place

Jury selection begins tomorrow morning in the corruption trial of former Illinois Governor Rod Blagojevich. Team Blago is ready

Blago is now tweeting updates. His website has a media page where you can sign up for email updates on the trial, and a link to the rss feed for his updates.

Blago says he and wife Patty will testify at trial.

"I never could understand these politicians who said they never did anything wrong and then when they're given the chance to say they didn't do anything wrong, where it matters in court, they don't do it. So, yes, I'm gonna do it and Patti's gonna do it. We have the truth on our side," said Blagojevich.

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Profiles of Rod Blagojevich

The New York Times has an AP profile of former Illinois Gov. Rod Blagojevich, whose corruption trial begins Thursday.

Some things I didn't know about his accomplishments as Governor:

He raised the minimum wage (angering some business groups), provided state-subsidized health insurance to every child in Illinois, banned discrimination of gays and lesbians, increased education spending, won approval to expand preschool and increased mammogram and cervical cancer screening for uninsured women.

He also opened a prison solely for drug offenders that stressed prevention and re-entry programs. [More...]

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No Trial Delay for Rod Blagojevich

Supreme Court Justice John Paul Stevens today denied former Illinois Governor Rod Blagojevich's request for a stay of his trial. The trial is set to begin Thursday.

Blagojevich wanted a continuance until after the Supreme Court ruled in the case involving the validity of the honest services portion of the wire fraud statute.

Justice Department lawyers urged Stevens on Friday to allow the trial to proceed on schedule. They said in a 15-page filing that the judge presiding over the trial told the lawyers they were not to even mention the term "honest services" in their opening statements to the jury. They also noted the Blagojevich trial is expected to run for four months, so that the lawyers and the judge will have plenty of time to consider the Supreme Court's decisions on the constitutionality of the honest services provision.

I would have granted the delay. Jury selection, opening arguments and all-around trial strategy are impacted by the particular charges a defendant faces. If the Court tosses the law in the middle of the trial, it changes the entire complexion of the trial. The Court is ruling on the issue this term, so why not wait? Judicial economy shouldn't trump the defendant's right to a fair trial.

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Blagojevich Subpoenas Sen. Durbin and Harry Reid

Thursday, former Gov. Rod Blagojevich subpoenaed President Obama. Today, Dick Durbin said he's been served with one.

Durbin had a well-publicized telephone conversation with Blagojevich shortly after the November 2008 election when politicians were starting to focus on who would get the Senate seat Obama was vacating. By all accounts, they discussed a number of candidates.

"I had one conversation with this governor and I've reported it to you and everybody else over and over again," Durbin said at the news conference. "And if he or the government wants to call me in, I'll tell the same story."And Team Blago told Fox News Harry Reid is also being called.

Why Harry Reid? Blago claims Reid pressured him not to appoint Jesse Jackson, Jr. to Obama's vacant senate seat. Nor, according to Blago, did Reid want Danny Davis or Emil Jones to get it. He feared they'd have a tough time winning re-election.[More...]

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Rod Blagojevich Requests Subpoena for President Obama

Former Illinois Governor Rod Blagojevich filed a motion (available here) to have a subpoena issued to President Obama to testify at his upcoming trial. The issue: The vacant Illinois Senate seat. From the motion:

President Barack Obama has direct knowledge of the Senate seat allegation. President Obama’s testimony is relevant to three fundamental issues of that allegation. First, President Obama contradicts the testimony of an important government witness. Second, President Obama’s testimony is relevant to the necessary element of intent of the defendant. Third, President Obama is the only one who can say if emissaries were sent on his behalf, who those emissaries were, and what, if anything, those emissaries were instructed to do on his behalf. All of these issues are relevant and necessary for the defense of Rod Blagojevich.

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Judge Tells Blagojevich: "I'll Be The Referee" as Tempers Flare

Former Illinois Governor Rod Blagojevich came out swinging yesterday in a press conference attacking U.S. Attorney Patrick Fitzgerald. At a hearing today, the Judge told Blagojevich to let him be the referee. He also refused to grant Blago's brother Robert a separate trial.

The main fight is over what tapes will be played to the jury. The Government wants to play those that fit its theory of guilt. Blagojevich wants them all played. He believes if the jury hears them all, he will be found not guilty. The judge today said he'll be the one to decide which tapes come in.

Blago's lawyer explained after court today that they are upset about what the Government wrote in a footnote to a motion last week. [More...]

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Prosecution Files Evidentiary Submission Against Rod Blagojevich

A federal judge today unsealed a 91 page evidentiary submission by the Government in its case against former Illinois Governor Rod Blagojevich. (Available here.)

The submission, called a "Santiago Proffer" outlines the co-conspirator statements the Government hopes to introduce against Blagojevich and his brother Robert at trial in June.

Anton Rezko is very prominent in the filing. So is Blago's alleged failed attempt to control the selection of a U.S. Senator from Illiniois.

The proffer also details what it calls unearned real estate commissions paid by Rezko to Patti Blagojevich which was used to renovate their home.

Blagojevich has released a statement in response to the filing saying there's nothing new here:

"It's the same old false allegations and lies," he said. "I'm looking forward to trial so the truth comes out and everyone will see that I am innocent."

In a nutshell, here are the players and the gist of the allegations [More...]:

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New Indictment and Charges for Rod Blagojevich, No New Wrongdoing Alleged

A Second Superseding Indictment has been returned against former Illinois Governor Rod Blagojevich. It also affects his brother Rob Blagojevich. It adds 8 counts, but no new allegations. The conduct underlying the charges is the same. The reason for the new Indictment is added protection for the Government in case the Supreme Court invalidates the fraud by theft of "honest services" statute charged in the old Indictment. (See White Collar Crime Blog here on the Supreme Court review of the statute.)

The Government's filing statement says:

The Second Superseding Indictment is fashioned in such a way that, should the Supreme Court rule Title 18, United States Code, Section 1346 unconstitutional, the charges, or section of charges, of the Second Superseding Indictment related to Section 1346 can be easily dismissed. Such dismissal would do little to effect the trial in the instant case as the underlying illegal conduct charged in the Section 1346 counts is alleged in other counts of the Second Superseding Indictment.

The new counts include: [More...]

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Blagojevich Trial: And Then There Were Two

The Government has agreed to sever the trial of William Cellini, a co-defendant of former Ill. Governor Rod Blagojovech. The reason: After dismissing the charges against deceased Chris Kelly, who was the link between Cellini and Blago (and because Cellini's charges, while he was named an unindicted co-conspirator in Blago's counts, had very little to do with either Blagojevich brother, absent the tie-in from Kelly,) the Government agreed that it was fairer to try Cellini separately. So the Government filed a motion, with which Cellini's lawyers agreed, that Cellini's trial should be severed and proceed after Blagojevich's trial. The Court approved.

Blagojevich's Chief of Staff, Robert Harris, agreed to an early plea deal, so he's gone. Last month, another co-defendant, Alonzo Monk, took a deal for 24 months in exchange for cooperating against Blagojevich (plea agreeement here.) Now that Cellini, Monk and Kelly are gone, the only two left are Rod Blagojevich and his brother Robert Blagojevich.

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Details Emerge in Christopher Kelly's Death

(Note: Continuous updates below)

The death of Christopher Kelly, a top fundraiser, close friend and a co-defendant of former Illinois Gov. Rod Blagojevich, is looking more like a suicide.

A source familiar with the investigation told the Chicago Sun-Times that Kelly, who was married, called a woman late Friday identified as his "girlfriend" and told her that he took some pills and was going to kill himself.

The woman picked up Kelly at a lumberyard near 173rd St. and Cicero in Country Club Hills, where Kelly reportedly had vomited. Police were taking samples of the vomit and searching for evidence at the lumberyard, the source said. State Police evidence technicians were also called in to search the area near the lumberyard.

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As the Worm Turns: Blagojoveich Aide to Plead and Cooperate

Former Ill. Gov. Rod Blagojevich's chief of staff, John Harris, has agreed to plead guilty to a single count of wire fraud. In exchange, he will cooperate against Blagojevich and Fitzgerald's office will recommend a sentence just under 3 years.

The plea deal was not unexpected. Harris' lawyer sayd he began cooperating almost immediately after indictment.

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Blagojevich's Former Top Fundraiser Gets 37 Months

Ex- Illinois Gov. Rod Blagojevich's former chief fundraiser Christopher Kelly was sentenced this morning to 37 months in federal prison.

His plea agreement did not call for cooperation against Blagojevich.

Kelly is not accused of any involvement in the burgeoning political corruption case that has resulted in Rezko's conviction for influence-peddling and charges against Blagojevich that include scheming to sell or trade the U.S. Senate seat left vacant by Barack Obama's election as president....His plea agreement did not call for cooperation on his part in the Blagojevich investigation -- something that might have gotten him a break.

Another nice job by Chicago criminal defense attorney (and TalkLeft pal) Mike Monico.

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