New Indictment and Charges for Rod Blagojevich, No New Wrongdoing Alleged

By Jeralyn, Section Corruption Cases
Posted on Thu Feb 04, 2010 at 05:58:39 PM EST
Tags: Rod Blagojevich (all tags)

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A Second Superseding Indictment has been returned against former Illinois Governor Rod Blagojevich. It also affects his brother Rob Blagojevich. It adds 8 counts, but no new allegations. The conduct underlying the charges is the same. The reason for the new Indictment is added protection for the Government in case the Supreme Court invalidates the fraud by theft of "honest services" statute charged in the old Indictment. (See White Collar Crime Blog here on the Supreme Court review of the statute.)

The Government's filing statement says:

The Second Superseding Indictment is fashioned in such a way that, should the Supreme Court rule Title 18, United States Code, Section 1346 unconstitutional, the charges, or section of charges, of the Second Superseding Indictment related to Section 1346 can be easily dismissed. Such dismissal would do little to effect the trial in the instant case as the underlying illegal conduct charged in the Section 1346 counts is alleged in other counts of the Second Superseding Indictment.

The new counts include: [More...]

Count One charges defendant Rod Blagojevich with substantive racketeering in violation of Title 18, United States Code, Section 1962©.

Count Fourteen charges defendant Rod Blagojevich with attempted extortion of United States Congressman A and United States Congressman A’s brother, in violation of Title 18, United State Code, Section 1951.

Count Sixteen charges defendant Rod Blagojevich with bribery in relation to the Chief Executive Officer of Children’s Memorial Hospital, and Children’s Memorial Hospital, in violation of Title 18, United States Code, Section 666.

Count Eighteen charges defendant Rod Blagojevich and defendant Alonzo Monk with conspiracy to commit bribery in relation to Racetrack Executive, in violation of Title 18, United States Code, Section 371.

Count Twenty charges defendant Rod Blagojevich with bribery in relation to Construction Executive, in violation of Title 18, United States Code, Section 666.

Count Twenty-One charges defendant Rod Blagojevich and defendant Robert Blagojevich with conspiracy to commit extortion in relation to the appointment of a United States Senator, in violation of Title 18, United States Code, Section 1951.

Count Twenty-Two charges defendant Rod Blagojevich and defendant Robert Blagojevich with attempted extortion in relation to the appointment of a United States Senator, in violation of Title 18, United States Code, Section 1951.

Count Twenty-Three charges defendant Rod Blagojevich, defendant Robert Blagojevich, and defendant John Harris with conspiracy to commit bribery in relation to the appointment of a United States Senator, in violation of Title 18, United States Code, Section 371.

While some counts name John Harris and Alonzo Monk, the Government says they are not expected to go to trial on the new charges. As to William Cellini, his charges aren't affected by the honest services count so he isn't included in the new filing and the Government says it will proceed to trial on him on the old indictment. Background on their cases is here.

So the Government is just covering its bases in light of the upcoming decision on the fraud by theft of honest services statute.

As for Rod Blagojevich, he's going to follow in his wife's footsteps and compete in Celebrity Apprentice which begins in March. His trial is set for June. (Patti was on "I'm a Celebrity, Get Me Out of Here, and easily the most likable contestant. I doubt Rod will be as endearing.)

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New Indictment and Charges for Rod Blagojevich, No New Wrongdoing Alleged | 5 comments (5 topical)

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Covering their bases is right. (none / 0) (#1)
by scribe on Thu Feb 04, 2010 at 06:37:58 PM EST

A lot of the counts allege violations of 1343 (wire fraud) and 1346 (honset services fraud) in the same count. (One could make an argument about the indictment being defective because of that, but I don't know what the chances of success on that argument might be.)

From reading the indictment, some of the allegations will be difficult (if not impossible) to prove without either (A) playing a tape of conversations with people Blago believed were in communication with the President Elect, or (B) actually bringing ion to testify live the people who Blago believed were in communication with the President Elect.

That would be Rahm, FWIW.

: Actually, pairing the cites is correct (none / 0) (#4)
by Peter G on Thu Feb 04, 2010 at 10:07:25 PM EST

Section 1346 is only a definitional provision (expands the definition of "scheme or artifice to defraud" over that approved by S.Ct. in 1987 in McNally). Since 1346 doesn't define an offense by itself, it has to be paired with either 1341 (mail fraud) or 1343 (wire fraud). What is interesting is that the Justice Dept is preparing for a total loss in the three pending S.Ct. cases. Each of the three (Black, Skilling and Weyrauch) could be decided on narrower grounds. Only if the govt suffers a total wipeout -- that is, the Supreme Court declares section 1346 to be unconstitutionally vague, or the equivalent, on its face -- would it necessarily invalidate the prior Blogo indictment.

SO wrong (none / 0) (#2)
by LegalBud on Thu Feb 04, 2010 at 06:54:52 PM EST

I feel like this guy was charged with being a politician. And as far as his appearance on The Donald's show goes...can't wait!

His cardinal sin (none / 0) (#3)
by cawaltz on Thu Feb 04, 2010 at 07:07:12 PM EST

was not using the typical wink and nod most politicians use for their quid pro quo. It isn't like we all are unaware that the politicians choose to let oil, health insurance or the banking industry write their own policy because those industries grease palms and help fund ad campaigns. As usual though "it's lets play pretend" in DC. They are all a bunch of altruists.


: Saw a commercial (none / 0) (#6)
by jbindc on Fri Feb 05, 2010 at 05:58:59 AM EST

for "Celebrity Apprentice" where Blago introduces himself. The cliip comes back to him a few seconds later and he looks at the camera and says something like, "You're fired? Yeah, I've heard that before..."
Made me chuckle.