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Senior Advisor

Blago vs Illinois

Blago wins  23 to 1.  The conviction was for lying to the FBI which is punishable by 5 years and $250K. However, when Scooter davis was convicted of the same thing, you folks thought he should go free.

 

What ths indicates is that the two verdicts should be proven or not proven. There should be no assumption of guilt if the prosecution does not have compelling evidence.

 

Perhaps he should be given his job back or seek reparations form the Illinois legislature that fired him for alleged "crimes".  About like assuming the muslim building the community center in New York are islamic terrorists.

63 Replies
Senior Advisor

Re: Blago vs Illinois

Who is Scooter Davis?

Senior Contributor

Re: Blago vs Illinois

Yeah, the one juror member that thought he was innocent, I`m sure had explained "What a nice family you have, it`d be a shame if....." by a couple blutos with Russian accents. Blago is now pure as the wind driven snow and should replace Biden on the 2012 Presidential ticket. Blago might improve Obama`s credibility, having gone through this unfair scrutiny.   Smiley Happy  

Veteran Advisor

Re: Blago vs Illinois

I think he mant Libby.

 

Rod's a creep but probably not a very convictable creep. Move on.

 

 

Senior Advisor

Re: Blago vs Illinois

Major brain phart this morning. Why would anyone mix up Scooter Libby with Skeeter Davis country Western singer. Best know for her hit "The End of the world."

Veteran Advisor

Re: Blago vs Illinois

  LOL, I still have a chance to win my numerous bets on Blago. I bet 5 different people a case of beer that he'd never be dealt a conviction and spend a day behind bars, and it looks as though I might win those bets.

  From the first day of this "investigation", it stunk of partisan politics and exaggerations. When was the last time that the prosecutor came out in a press conference on the day that a "suspect" was arrested, and laid out an extensive list of allegations and inside info??? There are laws and rules that apply to prosecutorial misconduct, and they seem to have been overlooked by the prosecutor's office, and gave some possible openings for appeal, or an acquittal.

  Lyin to the FBI?????? That's it, for all the resources and everything else spent and that's the ONLY thing that had grounds for a guilty verdict??????? Old Ken Starr must have been on the prosecutor's team of geniuses

Senior Contributor

Re: Blago vs Illinois

Just saw a story the judge intends to declare a mistrial.  Keep it in the news a while longer I guess.

Senior Contributor

Re: Blago vs Illinois

"However, when Scooter davis was convicted of the same thing, you folks thought he should go free."

 

And you folks thought is alright for Bill Clinton to lie to a grand jury.  But was does either have to do with Blago's case?  Just to be clear I thought Libby should be punished for his lies.

 

Seriously though this does make one wonder how strong the evidence was and if they should bother spending millions of tax dollars to retry Blago again and run the possibility of having the tax payers pay for the prosecution as well as the defense bill now that Blago has depleted his legal fund.  I thought they could not try a person twice for the same crime?

 

The Fifth Amendment constitutional rule protecting a person from being subject to "double jeopardy" is binding upon all states under the Due Process Clause. The double jeopardy rule applies to criminal cases. This means, simply, that once the state prosecutes a person for a crime, the state may not do so a second time if the defendant is found not guilty. Although there are limits on this principle, it is exceedingly rare for a person to be tried, found not guilty, and tried again for charges arising out of the same facts.


The Fifth Amendment does not protect a person from being tried by two or more separate governments. Thus, both the federal government and the state government are able to charge and prosecute one person for the same criminal act, which is often the case for drug related crimes. As well, two or more states can prosecute and try a person for the same criminal act.

 

If Blago was tried by the federal government then how can Fitzgerald retry him?  Wouldn't it now have to be done by the state using state laws?

 

Sounds like they may have had a strong case on many of the charges but I see where the forman of the jury said the case and laws involved are complicated as was the judge's lengthy instructions given to the jury. The forman recommend if the prosecution choose to retry Blago they try to simplify things a bit.

 

One thing I wonder about is if the judge is the one that decides the sentence and he believes the prosecution had a strong case even though it resulted in only a single guilty verdict does the judge opt for a little tougher sentence then he typically would have given for the lying conviction?  Sort of like a make up call by a ref. 

 

“They have a very strong case,” said defense attorney Ken Cunniff, “ and a lot of us that paid attention think that it’s a miracle [for the defense] that the jury has been out this long.”


Cunniff thinks that the government may be inclined to review its two RICO counts against Blagojevich, particularly if the current jury comes back decidedly split on them. While racketeering convictions carry forfeiture penalties, and are thus a Fed fave, they are among the most complicated of the charges in the indictment.

“Racketeering conspiracy theory is something you could spend a whole class teaching in law school,” said Cunniff, referring to the second count in the indictment. “The government is making this far too complicated. They could make it much simpler and intelligible and easier to explain to the jury.”

 

Tom, who do you think was guilty of "partisan politics and exaggerations?"  Patrick Fitzgerald?   Remember he was the federal prosecutor in charge of the investigation of the Valeri Plame Affair which led to the prosecution and conviction of Vice President **bleep** Cheney's chief of staff Scooter Libby for perjury.  I wonder if the president can force Fitzgerald to not move for a retrial and settle for the lone conviction they got?  You know Obama and Dems can not be happy with the thought of another trial especially if it would start before the upcoming elections.  As one news report says this will likely lead to more thorough investigative reporting on the "Chicago style" corruption and it again brings up the possibility of Tony Rezko or Blago taking the stand although I see where one legal expert said the reason Blago never took the stand as promised is because they believe prosecutors would have a hay day with Blago on the stand. 

 

I think Libby and Blago should both be punished and if the judge gave Blago a sufficient punishment for his lying to federal investigators then I would forget about retrying him and costing the tax payers millions more.  I typically believe none violent criminals should not get lengthy jail time but instead be given fines and forced to make restitution to anyone damaged.  However in case involving politicians I worry that often times their fines are paid by others making me believe some jail time would be more of a deterrent in such cases.

Senior Advisor

Re: Blago vs Illinois

With the mistrial, he can indeed be retried for the charges. Double jeopardy only enters in if he is found innocent he cannot be retried even if compelling evidence should arise after the trial.

 

However, all charges without verdict are subject to a retrial. Of course the conviction for lying to the FBI is subject to the appeals process.

 

AS far as Blagfo taking the stand, his defence lawyers were a father son team and the son wanted Blago to testify and the father argued against it. The senior partner said the prosecution had not proved the charges and any appearence by Blago may be detrimental and that his testimony was not needed. The elder lawyer won out and they decided to rest the case without any testimony. I guess the old guy knew what he was talking about.

 

I don't think Patrick Fitzgerald has a political leaning other than his belief in the law. I think there was so many zeolots trying to find something wrong and link some of that corruption to Obama and the democrats. Great news item for the media and the repubs but you still have to earn a guilty verdict..

Veteran Advisor

Re: Blago vs Illinois

  LOL, politicos always claim to want to retry somebody again, mainly to save face, after an embarrassing loss like the Fitzgerald got handed. Fitzgerald is a political hack, and he wouldn't have got his position without being one. Look at how he muffed up the Scooter Libby case, but then again, Libby was the fall guy for Cheney, and should have seen prison otherwise.

  I don't know how much you know about IL. politics, but Blago's enemy is Mike Madigan, who is a democrat also, but hates Blago. Of course, add in some trumped up charges and the republican prosecutor trying to prosecute through the media, and this is the end result of this BS, and it should be.  Blago is gone, and done politically, which is what was intended by both of his enemies

  BTW, so far everything has come true that Blago said on the way out, that his political enemies wanted to do, too.

  I take it that the FBI didn't like Blago's opinion of them, and charged him with lying to them............LOLOL