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Judge to Blagojevich: No, all tapes won't be played in court
Chicago Sun Times ^ | 4-21-10 | Natasha Korecki

Posted on 04/21/2010 8:03:24 PM PDT by STARWISE

No matter what Rod Blagojevich wants, a federal judge made it clear today that he — and not the former governor and not the prosecution — will decide how much of the 500 hours of secret recordings in Blagojevich’s corruption case will be played in court.

Brushing aside Blagojevich’s repeated comments that all 500 hours should be played and his challenge Tuesday to U.S. Attorney Patrick Fitzgerald to “show up in court and explain to everybody . . . why you don’t want those tapes that you made played in court,” U.S. District Judge James Zagel told the ousted former governor that, no, he won’t have jurors listen to all of the secret FBI wiretaps.

Zagel said his clerks alerted him to Blagojevich’s extraordinary, if brief, televised statement Wednesday in which the former governor issued his challenge to Fitzgerald — a challenge that the prosecutor didn’t respond to. Nor did he appear in court today.

In a long explanation about courtroom rules, Zagel told Blagojevich that it’s not up to the prosecutors to make the decision about how much of the secret recordings get heard by jurors. It’s his decision alone, the judge said, adding that he has already said he will not allow all of the 500 hours of tapes to be played and doesn’t plan to change his mind on that.

Referring to Blagojevich, a onetime boxer, only as “the defendant,” Zagel said: “I am that referee and no one else ... I will not permit head butts. I am the referee of something that is not a sporting event. I want all the parties to conduct themselves with this in mind.”

Zagel said the trial isn’t meant to bring a winner and a loser, nor prove who is the best lawyer.

“Trials are designed to produce justice,” Zagel said.

The judge invited the defense to submit by next month in private the recordings they would like to play during the trial that, which is set to begin with jury selection June 3. He said he’s allowing the defense to do it privately so they don’t give away any strategy ahead of time.

After the court hearing, Blagojevich lawyer Sam Adam estimated that there may be 200 hours of recordings the defense will want played.

A low-key Blagojevich didn’t say a word in court. Afterward, he spoke only briefly, praising Zagel’s remarks.

“I’m relieved with what the judge had to say today with regard to giving me a chance to play the taped conversations that matter that will show I’ve done nothing wrong and prove my innocence,” Blagojevich said. “I’m just delighted relieved and grateful for what the judge decided and suggested that we should do.”

His calm came after much bombastic talk on Wednesday, when the former governor called prosecutors “cowards and liars,” in a news conference crafted so it would be carried live by numerous TV stations.

Adam said the news conference Wednesday was in response to a newly filed motion by prosecutors that asked to keep the defense from playing recordings.

"Everything was fine on that right that you were talking about, until this week, when the government filed a motion saying we should be barred from playing the tapes -- even in defense," Adam said. "But the government tried to slither under it and sneak under that ruling and have it barred during the defense."

The motion though asks that the defense be barred from making comments to the jury on what they have not heard or will not hear — but concedes that the judge will make the rulings on the recordings.


TOPICS: Crime/Corruption; Extended News; Government; Politics/Elections
KEYWORDS: blagojevich; corruption; ilcombine; paytoplay

1 posted on 04/21/2010 8:03:24 PM PDT by STARWISE
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To: onyx; penelopesire; seekthetruth; television is just wrong; jcsjcm; BP2; Pablo Mac; ...

~~ Ping!


2 posted on 04/21/2010 8:03:53 PM PDT by STARWISE (The overlords are in place .. we are a nation under siege .. pray, go Galt & hunker down)
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To: STARWISE

He wanted all 500 hours played.


3 posted on 04/21/2010 8:04:35 PM PDT by onyx (Sarah/Michele 2012)
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To: STARWISE

4 posted on 04/21/2010 8:05:22 PM PDT by TSgt (We will always be prepared, so we may always be free. - Ronald Reagan)
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To: STARWISE

I wish he would do one right thing and expose the corrupters.


5 posted on 04/21/2010 8:07:20 PM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: STARWISE
Justice Department Briefing on Blagojevich Investigation:
Patrick Fitzgerald, United States attorney general for the Northern District of Illinois [speaking to press]:
Published: December 9, 2008, New York Times

Excerpts from the transcript:

Fitzgerald: "In the governor's words -- governor's words, quote, 'Fire all those bleeping people. Get them the bleep out of there. And get us some editorial support', close quote. And the bleeps are not really bleeps."

(snip)

Fitzgerald: "A month or so ago a $1.8 billion tollway project was announced. While that tollway project was being announced, Governor Blagojevich was privately seeking to have a person benefiting from that contract raise $100,000 in contributions, and privately the government (sic) said, 'I could have made a larger announcement but wanted to see how they would perform by the end of the year. If they don't perform, bleep 'em.' That's a quote. And the word 'bleep' was not the word he used."

(snip)

Fitzgerald: "The governor's own words describing the Senate seat, quote, 'It's a bleeping valuable thing -- thing. You just don't give it away for nothing', close quote."

Fitzgerald: "Another quote, 'I've got this thing, and it's bleeping golden. And I'm just not giving it up for bleeping nothing. I'm not going to do it, and I can always use it; I can parachute me there,' quote. Those are his words, not our characterization, other than with regard to the bleep."

Fitzgerald: "The tapes reveal that Governor Blagojevich wanted a number of things in exchange for making the appointment to the Senate seat -- an appointment as secretary of health and human services or an ambassadorship, an appointment to a private foundation, a higher paying job for his wife or campaign contributions."

http://www.nytimes.com/2008/12/09/us/politics/09text-illinois.html?_r=2&pagewanted=all
_________________________________________________________

Blago's wife...

"Mrs. Blago, the former Patti Mell, won the hearts of old-school thugs everywhere with her f-word-filled rants captured on FBI wiretaps, some of which were colorfully detailed in the criminal complaint against her hubby..." --Michelle Malkin, December 17, 2008

http://710knus.townhall.com/columnists/MichelleMalkin/2008/12/17/the_real_housewives_of_crook_county

6 posted on 04/21/2010 8:21:33 PM PDT by ETL (ALL (most?) of the Obama-commie connections at my FR Home page: http://www.freerepublic.com/~etl/)
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To: onyx

Yep .. and he’s apparently not gonna get it,
but he laid a headtrip yesterday on Fitzie
in his bravado presser. He went mano a mano,
which some believe was a play so that Fitzie
would think twice about indicting Patti B.,
who probably deserves it, but which would make
Fitzie look really overly vindictive.


7 posted on 04/21/2010 8:59:09 PM PDT by STARWISE (The overlords are in place .. we are a nation under siege .. pray, go Galt & hunker down)
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To: STARWISE

Rham is on the tape but we won’t hear him.


8 posted on 04/21/2010 8:59:58 PM PDT by Phlap (REDNECK@LIBARTS.EDU)
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To: STARWISE

Ah, I see.
Well, I want to hear Rahm and Andy Sterns on the tape.


9 posted on 04/21/2010 9:03:21 PM PDT by onyx (Sarah/Michele 2012)
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