Rod Blagojevich officially facing federal corruption charges

[Texsox]

I believe it would be helpful to consider the qualifications the new Senator must have.

 

• Must be from the same party and willing to be "loyal"
• Should help the rest of the party to win or hold offices statewide
• Should be "confirm-able"
• Must not be a rival of the Gov or anyone he is close to

Feel free to add to the list. My point is, the process starts out slimy and gets worse. What does highest bidder mean? Someone who can bring the most back to the state? Someone who will raise the most money for the party at a dinner? Someone who will load the Gov's freezer with cash?

[mr_genius]

When I read the criminal complaint I thought this was going to be a tough conviction. The main reason is because they need the person on the other end to come forward and testify that they were actually going to buy the seat.

 

If you only have tapes where Blago is saying "this seat is valuable", "I want something for this seat", it does not prove anything. Even if you have Blago on tape saying "I am going to sell this seat to the highest bidder", there is no way to prove that he was seriously considering it, as opposed to just "joking around."

 

The prosecution needs one of the people who were contacted about "buying" the seat to come forward and confirm that the seat actually was being auctioned. Without some one coming forward it will almost be impossible to prove "beyond a reasonable doubt" that Blago actually was going to sell the seat.

 

Fitzgerald in some respects did start the criminal process to early. The normal way it would have been done was after Blago did the misdeed, so that they could catch him red handed with money trails etc.

 

The way that it is now, it is just a complete clusterf*** for the Prosecution.

 

Blago didnt sell the seat.

 

Blago's appointment was approved.

 

So now all they have is "attempt" which is weak.

 

Itd be like listening in on a drug deal, arresting the dealer before the sale goes down and when you arrest the dealer he has no drugs.

 

How can you prove that he was going to attempt to sell it, when you have no one who is saying they were willing to buy it?

 

If it really was more than just idle chatter, wouldnt there be some one who wanted to buy it and was going through the process of actually getting ready to buy it?

 

That question will haunt the prosecution, unless they can get some one to testify against Blago. The question is, who will ruin their career just to convict Blago, because they will have to say that they were attempting to negotiate to buy the seat from Blago.

 

There are no flipper witnesses for the Fed to rely on in this case, most people I talk to think that its at worst 50-50 Blago gets convicted, with many believing that its a much better chance for acquittal.

 

The impeachment is not a trial, its a proceeding where the result has already been dictated (guilty) they just need to go through the motions to make it look fair.

 

Madigans, Mells, does it really matter? They are all in it for themselves.

 

Great post

 

His move to appoint Burris was brilliant. Even after Reid explicitly stated that the Blago pick would never stick; the appointment is in the Senate.

[lostfan]

For the record, I'm pretty sure it wasn't Fitzgerald's intention to arrest him before Blago did anything, but the Tribune forced his hand.

[NorthSideSox72]

For the record, I'm pretty sure it wasn't Fitzgerald's intention to arrest him before Blago did anything, but the Tribune forced his hand.

I think it was a combination, or at least that is my impression. They wanted to move fast to stop further actions in general, but, not as fast as they had to.

 

[LosMediasBlancas]

Watching Blago now. I'm convinced that Blago believes that if he's allowed to defend himself, there is not evidence to impeach him. Gut feeling, but I bet he's right.

[Balta1701]

Watching Blago now. I'm convinced that Blago believes that if he's allowed to defend himself, there is not evidence to impeach him. Gut feeling, but I bet he's right.

What exactly does the Illinois Constitution require for an individual's impeachment?

[RockRaines]

Watching Blago now. I'm convinced that Blago believes that if he's allowed to defend himself, there is not evidence to impeach him. Gut feeling, but I bet he's right.

Let's be honest, there are few things that Blago is truly right about. He is entirely insane.

[LosMediasBlancas]

What exactly does the Illinois Constitution require for an individual's impeachment?

 

Good question.

 

See, now Blago is babbling once again about all the great things he's done for the people of Illinois. This is where he loses all cred. Not because he hasn't accomplished those things, but because he comes across as missing the point.

 

[lostfan]

Good question.

 

See, now Blago is babbling once again about all the great things he's done for the people of Illinois. This is where he loses all cred. Not because he hasn't accomplished those things, but because he comes across as missing the point.

And also because he hasn't done those things. He sucks as a governor, there is a reason his approval ratings were 8% before this whole ordeal.

[NorthSideSox72]

If you are unable to get to a TV, you can follow the semi-live bloggings of the Trib.

 

[NorthSideSox72]

Good question.

 

See, now Blago is babbling once again about all the great things he's done for the people of Illinois. This is where he loses all cred. Not because he hasn't accomplished those things, but because he comes across as missing the point.

Because he IS missing the point. And further, he has been a stupendously bad governor - 9% approval BEFORE the arrest?

 

[lostfan]

Because he IS missing the point. And further, he has been a stupendously bad governor - 9% approval BEFORE the arrest?

Heh, great minds think alike, they say.

[StrangeSox]

npr is also streaming this live on www.wbez.org

 

It has certainly been interesting.

 

"I was trying to save the children! How can you possibly impeach me?!"

 

"my dad was a war hero!"

Edited January 29, 2009 by StrangeSox

[southsider2k5]

And of course he used the lack of direct evidence and the lack of actual criminal activity on the tapes as his defense... Ugh. Luckily there is no way that they don't impeach him.

[Balta1701]

I didn't read through in detail every single clause, but I can't find any phrase in the Illinois State Constitution that lays out exactly what level of malfeasance (a-la high crimes and misdemeanors) is required for impeachment. It seems very vague. Article 4, Section 14:

The House of Representatives has the sole power to

conduct legislative investigations to determine the existence

of cause for impeachment and, by the vote of a majority of

the members elected, to impeach Executive and Judicial

officers. Impeachments shall be tried by the Senate. When

sitting for that purpose, Senators shall be upon oath, or

affirmation, to do justice according to law. If the Governor

is tried, the Chief Justice of the Supreme Court shall

preside. No person shall be convicted without the concurrence

of two-thirds of the Senators elected. Judgment shall not

extend beyond removal from office and disqualification to

hold any public office of this State. An impeached officer,

whether convicted or acquitted, shall be liable to

prosecution, trial, judgment and punishment according to law.

[NorthSideSox72]

Apparently, Blago has finished his statement, at 11:53am. He is apparently now going to hurry off to his state plane, to fly back home before the results, to avoid "plane issues".

 

[Kyyle23]

Apparently, Blago has finished his statement, at 11:53am. He is apparently now going to hurry off to his state plane, to fly back home before the results, to avoid "plane issues".

 

Gotta squeeze in that last free ride

[The Critic]

Gotta squeeze in that last free ride

"That airplane, it's a f***ing valuable thing, and I'm not gonna just give it back for nothing!"

[mr_genius]

"That airplane, it's a f***ing valuable thing, and I'm not gonna just give it back for nothing!"

 

^^^

[StrangeSox]

Someone should tally up how much all of his trips back and forth to Springfield have cost this state in terms of additional children he could have supplied insurance for.

[Kyyle23]

"That airplane, it's a f***ing valuable thing, and I'm not gonna just give it back for nothing!"

 

(Patti in the back ground) "*&*% WRIGLEY*&*&* PLANE *&*^ THE *&*&^"

[Kyyle23]

Im curious why most people feel that the prosecution is weak, and they really have nothing substantial as evidence, yet still feel that he will be impeached? (thats the general feeling Im getting reading the last 3 pages of this thread, Im not directing it at anyone in specific)

[Balta1701]

Im curious why most people feel that the prosecution is weak, and they really have nothing substantial as evidence, yet still feel that he will be impeached? (thats the general feeling Im getting reading the last 3 pages of this thread, Im not directing it at anyone in specific)

From what I can tell, the requirement for impeachment in the Illinois Constitution is much more lenient than the requirements of a criminal court. There really doesn't seem to be a specific definition of what is required before a governor is impeached given to the Illinois Legislature by that document. It appears that the governor can be impeached because the Legislature wants him impeached, and there's very little that can be done about it.

[mr_genius]

From what I can tell, the requirement for impeachment in the Illinois Constitution is much more lenient than the requirements of a criminal court. There really doesn't seem to be a specific definition of what is required before a governor is impeached given to the Illinois Legislature by that document. It appears that the governor can be impeached because the Legislature wants him impeached, and there's very little that can be done about it.

 

That's pretty much what I've gathered about the impeachment process. Blagojevich is getting impeached for sure.

[Soxbadger]

So does anyone have a clue if Blago can appeal the decision to the Supreme Court of Illinois?

 

I read Article 4, Section 14 but it has no process for appeals.

 

There is also no discussion of due process or the procedural aspects of the impeachment.

 

Could there be an appeal based on the fact that Blago was denied due process when he could not bring in his own witnesses?

 

His argument would rely primarily on the Illinois Constitution, specifically:

 

SECTION 2. DUE PROCESS AND EQUAL PROTECTION

No person shall be deprived of life, liberty or property without due process of

law nor be denied the equal protection of the laws.

 

Would an impeachment conviction be depriving him of life, liberty or property?

 

Here is what the annotated Article 4, section 14 says:

 

http://www.ilga.gov/commission/lru/ILConstitution.pdf

 

Impeachment proceedings are extremely rare in Illinois. Apparently only one judge

has been impeached by the House in the state’s entire history (in 1833); the Senate did not

convict.96 Due to the rarity of impeachment, neither house of the General Assembly has permanent

rules to govern it. However, a House Special Investigative Committee in 1997 adopted

20 rules to govern impeachment procedures for then-Chief Justice James Heiple of the

Illinois Supreme Court,97 which likely would be consulted if future impeachment proceedings

are contemplated.

In a 1969 case decided under the 1870 Constitution, the Illinois Supreme Court held

that a legislative investigation of alleged improprieties by some members of the Illinois Supreme

Court was unauthorized.98 This section overruled that case, making it clear that the

House of Representatives may conduct investigations that might lead to impeachment of

executive or judicial officers, in addition to its authority actually to impeach such officers.

 

So perhaps the 1997 rules are what they followed.