Blagojevich Wants US Attorney Fitzgerald Removed From His Case

CHICAGO — Gov. Rod Blagojevich's defense attorneys have asked a federal judge to throw U.S. Attorney Patrick Fitzgerald and all his assistants off the fraud and bribery case against him.

Chief defense counsel Edward Genson said in a motion Thursday that the news conference Fitzgerald held in announcing the charges was so filled with prejudicial publicity that the prosecutor should bow out.

The full text of the motion wasn't immediately available because it had been filed under seal. But it was described by U.S. District Court Chief Judge James Holderman, who ordered it unsealed, and by Blagojevich attorney Sheldon Sorosky.

Fitzgerald spokesman Randall Samborn had no immediate comment.

Comments

[shedances]

Finally, someone from the US Attorney's Office does something about (alleged) corruption in our governor's office; and they seek to remove him from the case ... talk about turning reality upside down to favor the corrupt politician!

[fusionfan]

I don't believe that the press conference was handled professionally. Federal prosecutors have so much discretion and power in terms of who and when they charge with what. This whole idea of wiretapping the guy for 5 years and then suddenly having the press conference, making all of these charges, and then a few weeks later, stating that they need more time bothers me.

I just don't think prosecutors should be having press conferences. In fact, I think they should be forbidden from holding press conferences, and quietly file the case if they have one, get the indictment, and then the conviction, and then still keep their mouths shut.

Given the known indiscretions of other prosecutors hired by Bush, who engaged in posting conveniently timed charges against public figures, this whole idea of prosecutors bugging public figures really bothers me. I'm really not that worried by the minor graft that they might miss. It's always a balance, and I think the balance of restraining prosecutors against going after public officials for relatively minor graft makes me more comfortable than the alternative.

I think the case against the Detroit mayor also was minor, as was the case against Spitzer and his hooker. Who cares? I don't want these guys tapping our phones, period, and I don't want them tapping the phones of our public officials unless they have a really, really good reason.

[drgschwartz]

Why hasn't anybody noted that Fitzgerald would have lost his job as a political appointee if he hadn't tried to secure it by prematurely coming out with his prejudicial press conference.He knows better and would certainly know about a presumption of innocence. Then to ask for a 90 day extension sounds fishy. Was he just trying to feather his own nest and harming the Illinois Governor by prematurely breaking the story. Who is served by the 90 day extension? President-elect chief of staff Emmanuel is certainly featured on the tapes and if he were offered a chance to bribe he had a duty to report it. This may be one reason to hold off for 90 days to allow the new administration time to settle in. I see the Governor as being trapped by the wiretaps, but I wonder how many politicians would stand up to scrutiny if every conversation were to be recorded.

[naschkatze]

I agree with you, and I've seen others who do also, that what motivates Fitzgerald is what's best for Fitzgerald. However, I don't think he guaranteed himself another four-year stay in Chicago with his actions. As I wrote below, this entire episode was an embarrassment for the PE, and more and more people are coming out on the blogs with negative comments about him. He is not a universal folk hero as his flack and spin machine try to portray him. I have written to the Obama team not to retain him not based just on the Blagojevich affair but on his whole history in Chicago, his agreement with the Bush administration policies and DOJ, and his failure in the Plame investigation. It's time for the Obama team to realize that this tin-pot emperor has no clothes.

[Vige]

Fitz took Gov Ryan down.

The investigation into corruption in Ryan's office began with a horrendous tragedy, while Ryan was still Illinois' secretary of state. On Election Day 1994, a piece of a tail-light assembly fell off a semi-trailer on a Milwaukee expressway and bounced beneath a minivan, rupturing its gas tank and exploding the van into flames. Six children from the Willis family of Chicago, en route to a little getaway, were killed; their parents were severely burned.

Other motorists told police they tried to warn the driver of the truck that the piece was dangling dangerously, but he didn't understand English. Federal law requires truckers to know and read English to get a license, and investigators were alarmed that this driver " who was from Chicago " didn't. Wisconsin authorities notified the Illinois secretary of state's office, which licenses drivers and was then headed by the freshly re-elected Ryan.

The illegally licensed drivers had caused at least 55 accidents, including a 74-car pileup in California that killed two people and injured 51. A total of eleven traffic deaths were attributable to the licenses fraudulently obtained from Ryan"s office.
Much of the bribe money was funneled into Ryan"s campaign coffers, and he was elected governor in 1998. It wasn"t until 2006 that Ryan was convicted on 18 federal counts, only some of which were related to the license scheme.

[ppitstop]

It's throwing the proverbial spaghetti against the wall! They should all take their show on the road! Keep 'em coming! It's too good!

[hart444]

That press conference was pretty much bullshit. At no time did I ever hear Fitzy say the word "allegedly".

[LITNUP]

Almost every politician in Illinois has been trying to get rid of Patrick since Peter appointed him

[vucubcaquix]

As someone who has voted for Blagojevich, I sincerely hope the governor gets thrown out in the most spectacular way possible.

[mjb5406]

Ed Genson and company... master of the smokescreen.

[ebroadcast]

Interesting strategy... file to have the prosecutor that has all the incrimintaing evidence against you, removed from you case.

[gpsl]

Are you kidding?
Fitzgerald should stay.

Prejudicial is in the eye of the beholder.

[naschkatze]

It was blatant in the eye of this beholder.

[chitown]

Absolutely! That press conference was designed to smear Blagojevich. And it succeeded to the point that many in the media and general public have tried and convicted the man, even though there is as yet no indictment. Fitzgerald's actions were shameful. If he's got something on Blagojevich, let's see it. He had no reason, and no right, to grandstand at Blagojevich's expense.

[mjb5406]

Are you on Blago's payroll, too?

[naschkatze]

It was at Obama's expense too. He gave it during the week Obama was conducting his own national press conferences to introduce his cabinet. So Fitzgerald had to have equal time on national TV as the PE.. Why the rush since he wasn't prepared to indict? Why that particular week? Then Obama was dogged weeks afterwards with innuendos that somehow he or his team were implicated. IMHO Fitzgerald rained on Obama's parade big time. (I would have used another word than "rain" but don't want to get censored.)