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: Main JusticeBlagojevich Bluster
By David Johnston
When you talk big, you better win your case.
When you lose, your words come back to haunt you, like the one-liners by Patrick Fitzgerald, the U.S. Attorney in Chicago, who said after the December 2008 arrest of Illinois Gov. Rod Blagojevich that his conduct ?would make Lincoln roll over in his grave.??
Instead, when the jury returned with its verdict on Tuesday, Fitzgerald wound up with a single conviction, for lying to federal agents. The jury deadlocked on 23 other counts, including the most sensational charge — that Blagojevich tried to sell off the senate seat of newly elected President Barack Obama.
The unwillingness of the jurors to convict on the substantive counts, apparently because of a lone hold-out juror, was one of those embarrassments prosecutors sometimes suffer in a long career. Only this one was amplified by Fitzgeralds? pre-indictment pronouncements of guilt — in a case that drove Blagojevich from office long before he came to trial.
Fitzgerald had called Blagojevich?s efforts to turn his office into a money-making boiler room ?appalling?? and said his arrest was required to put a stop a ?political corruption crime spree.?? It was vintage ?Fitzy?? as his friends call him: fearless, righteous and unbending.
But there were former prosecutors who cringed at Fitzgerald?s flame-throwing style, saying it was not just prejudicial, but the kind of heat that was unnecessary if Blagojevich really was as guilty as the prosecutor?s remarks made him out to be.
Fitzgerald, arguably the most prominent prosecutor in the country, seemed to feel justified in publicly dropping the hammer on a cheesy political hack, as Blagojevich amply proved himself to be, in more than 500 hours of conversations secretly recorded by the FBI.
But even some admirers said Fitzgerald?s remarks reflected a darker side and a rigidity in his thinking about his role of a prosecutor, which left him unable to see Blagojevich as anything but a sleazy political racketeer and allowed little room for shades of gray.
But the law, especially in political corruption cases, has proven to have few bright lines. In fact, the law permits what many people would call ordinarily bribery. Politicians routinely accept money in the form of campaign contributions from donors in exchange for appointments, contracts and helpful legislation. What?s new?
Fitzgerald has said prosecutors will quickly retry the case. It?s possible they will have the upper hand in a rerun with a different jury and a streamlined trial presentation against a defendant who is financially depleted and already facing five years in prison as a result of the conviction for making false statements to the FBI.
The outcome may also have career ramifications for Fitzgerald. He has been mentioned as a possible candidate to take over the FBI when Robert Mueller?s 10-year term ends next year, and for other top jobs in the criminal justice system.
But there are some around the White House and Justice Department who seem slightly uneasy with Fitzgerald. Many of them respect him, but find him a little too inflexible, a little too independent — and in that case, it?s likely that his words in the Blagojevich won’t help.
Full post as published by Main Justice on August 18, 2010 (boomark / email).

Former Illinois Gov Blagojevich (finally) indicted by feds
The Case against Impeaching Rod Blagojevich:
Blagojevich, looking like a bad investment about now
It appears that Obama Camp was not willing to cut a deal with Blagojevich.
No Waiting for Dubious Arguments at the Blagojevich Trial







