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Blagojevich Trial: And Then There Were Two

The Government has agreed to sever the trial of William Cellini, a co-defendant of former Ill. Governor Rod Blagojovech. The reason: After dismissing the charges against deceased Chris Kelly, who was the link between Cellini and Blago (and because Cellini's charges, while he was named an unindicted co-conspirator in Blago's counts, had very little to do with either Blagojevich brother, absent the tie-in from Kelly,) the Government agreed that it was fairer to try Cellini separately. So the Government filed a motion, with which Cellini's lawyers agreed, that Cellini's trial should be severed and proceed after Blagojevich's trial. The Court approved.

Blagojevich's Chief of Staff, Robert Harris, agreed to an early plea deal, so he's gone. Last month, another co-defendant, Alonzo Monk, took a deal for 24 months in exchange for cooperating against Blagojevich (plea agreeement here.) Now that Cellini, Monk and Kelly are gone, the only two left are Rod Blagojevich and his brother Robert Blagojevich.

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Details Emerge in Christopher Kelly's Death

(Note: Continuous updates below)

The death of Christopher Kelly, a top fundraiser, close friend and a co-defendant of former Illinois Gov. Rod Blagojevich, is looking more like a suicide.

A source familiar with the investigation told the Chicago Sun-Times that Kelly, who was married, called a woman late Friday identified as his "girlfriend" and told her that he took some pills and was going to kill himself.

The woman picked up Kelly at a lumberyard near 173rd St. and Cicero in Country Club Hills, where Kelly reportedly had vomited. Police were taking samples of the vomit and searching for evidence at the lumberyard, the source said. State Police evidence technicians were also called in to search the area near the lumberyard.

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As the Worm Turns: Blagojoveich Aide to Plead and Cooperate

Former Ill. Gov. Rod Blagojevich's chief of staff, John Harris, has agreed to plead guilty to a single count of wire fraud. In exchange, he will cooperate against Blagojevich and Fitzgerald's office will recommend a sentence just under 3 years.

The plea deal was not unexpected. Harris' lawyer sayd he began cooperating almost immediately after indictment.

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Blagojevich's Former Top Fundraiser Gets 37 Months

Ex- Illinois Gov. Rod Blagojevich's former chief fundraiser Christopher Kelly was sentenced this morning to 37 months in federal prison.

His plea agreement did not call for cooperation against Blagojevich.

Kelly is not accused of any involvement in the burgeoning political corruption case that has resulted in Rezko's conviction for influence-peddling and charges against Blagojevich that include scheming to sell or trade the U.S. Senate seat left vacant by Barack Obama's election as president....His plea agreement did not call for cooperation on his part in the Blagojevich investigation -- something that might have gotten him a break.

Another nice job by Chicago criminal defense attorney (and TalkLeft pal) Mike Monico.

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How Many Lawyers Does Blagojevich Need?

Lawyers for former Ill. Governor Rod Blagojevich have been battling the Government over whether he can use his campaign fund, Friends of Blagojevich (“FOB”) to pay legal fees. The Government obtained a temporary restraining order against the funds, claiming they are forfeitable. Blagojevich says he needs the money in the fund to pay for lawyers.

It appears a solution has been agreed on. The funds will turned over to the Court and put into a special account, from which the Court will allow his lawyers to be paid at the Criminal Justice Act rate of $110.00 per hour.

The Government notes in a filing this week (Doc. 85, available on PACER)that no lawyer has yet entered an appearance yet for Blagojevich.

So, Blagojevich cannot afford to pay personally for his own defense. And the Government and Court are willing to allow his lawyers to be paid from his campaign fund so long as they work for the reduced rate of $110 per hour and the disbursments are administered by the Cout.

Still to be worked out: How many lawyers the court will authorize for Blagojevich: [More...]

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Judge Says "No" to Blago's Costa Rica Reality Show

A federal judge has denied former Illinois Governor Rod Blagojevich's request to modify his bond so he can go to Costa Rica and participate in a reality show.

The Judge had some good advice for Blago:

He also said Blagojevich needs to stick around to read the government's evidence, because only then will he be able to understand the jeopardy he is in.

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Blago Seeks Permission to Travel to Costa Rica to Be in Reality TV Show

Former Ill. Gov. Rod Blagojevich pleaded not guilty today. He is seeking permission to modify his bond to allow him to travel to Costa Rica to appear in an NBC reality show:

NBC said Tuesday it wants the former governor to appear on a show called "I'm a Celebrity ... Get Me Out of Here!" pending court approval.

Ten celebrities will be dropped into the Costa Rican jungle "to face challenges designed to test their skills in adapting to the wilderness," a network statement said.

That's one reality show I won't be watching.

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Former Ill. Gov. Rod Blagojevich, Brother, Aides Indicted

As expected, Former Illinois Governor Rod Blagojevich has been indicted. His brother and top aides were also indicted. You can read the Indictment here (pdf). More details here.

In addition to Rob Blagojevich, 53, and fundraiser Christopher Kelly, 50, charged were Lon Monk, 50, a lobbyist and former Blagojevich chief of staff; John Harris, 47, also a former chief of staff to Blagojevich; and William Cellini, 74, a Springfield insider for decades.

DOJ press release is here. The charges: Racketeering conspiracy, Wire fraud, Fraud conspiracy, Extortion conspiracy, Attempted extortion, False statements Forfeiture.

Why is it a Superseding Indictment? When was the first one returned and why did they have to go back to the grand jury for a second one? [Update below]

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Blagojevich's Criminal Defense Lawyer Quits

Rod Blagojevich's criminal defense attorney, well-known criminal defense attorney Ed Genson, said today he will withdraw from representing Blagojevich.

"I never require a client to do what I say," said Genson, who was accompanied by fellow Blagojevich lawyer Sheldon Sorosky. "But I do require them to at least listen."

"I wish the governor good luck and Godspeed," he added.

It sounds like Genson has not been kept in the loop, particularly with respect to a threatened civil suit Blago's other attorney, Sam Adams, said would be filed within a few days. [More...]

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Ill. House Panel Recommends Blagojevich Impeachment

A panel of the Illinois House has released its report recommending that Ill. Gov. Rod Blagojevich be impeached. The full report is here.

The report finds "the totality of the evidence" provides cause to impeach the governor.

The panel may vote on whether to approve the report today. If it approves, the full House could vote tomorrow, and then pass it to the Illinois Senate.

The list of exhibits attached to the report, beginning at page 68, is lengthy. Many look quite interesting. They are available here.

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"Rahm Report" Out This Week

President Elect Barack Obama's report on his staff's contacts with Illinois Gov. Rod Blagojevich will be release this week. A chiron on Meet the Press read there were 22 contacts between Blagojevich and Rahm Emanuel. George Stephanapoulus says there was one conversation. Politico reports there were four conversations.

Sources also confirm that Emanuel made the case for picking Obama confidante Valerie Jarrett during at least one of the conversations. In the course of that conversation, [Blagojevich Chief of Staff John] Harris asked if in return for picking Jarrett, 'all we get is appreciation, right?' 'Right,' Emanuel responded.

Former San Francisco Mayor Willie Brown spoke to Blagojevich after his arrest and writes in the San Francisco Chronicle: [More...]

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Blagojevich Grants 22 Pardons

Illinois Governor Rod Blagojevich issued 22 pardons today.

One went to Marcus Lyons, who served three years in prison before DNA established his innocence.

The "pardon based on innocence" allows Lyons to apply for around $85,000 in compensation for the three years he served, said his attorney, Jane Raley, of the Center on Wrongful Convictions at Northwestern University School of Law.

But perhaps more importantly, she said, "it begins to address the enormous suffering he's endured."

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Blagojevich to Make Statement 3PM ET

Ed Gensen, Gov. Rod Blagojevich's lawyer, can't be happy that his client is going to make a public statement today, but it seems like Blagojevich is just itching to defend himself in the court of public opinion.

“I can’t wait to begin to tell my side of the story and to address you guys and, most importantly, the people of Illinois. That’s who I’m dying to talk to,” he said. “There’s a time and place for everything. That day will soon be here and you might know more about that today, maybe no later than tomorrow.”

No one will be listening more intently than the prosecutors in Fitzgerald's office.

As a general rule, defense lawyers hate it when their clients insist on talking to the media. Our prisons are filled with people who thought if they could only tell their side of the story, the cops would see it their way. It rarely happens.

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Ill. House Approves Blagojevich Impeachment Inquiry

Update: The impeachment effort stalled Tuesday. And, as I speculated below, Patrick Fitzgerald isn't happy about being asked to turn over documents pertaining to his ongoing indictments and investigation.

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By a vote of 113 to 0, the Illinois House has approved an impeachment proceeding against indicted Illinois Governor Rod Blagojevich.

But the House also held off on calls to strip the disgraced governor of his power to appoint Obama's successor, angering Republicans who accused Democrats of a power play aimed at protecting their dominance of state politics.

The House panel is expected to hold several weeks of hearings, scheduled to begin Tuesday, and has the power to issue subpoenas and compel witnesses to testify. The panel also will seek information from the U.S. attorney's office as well as information gained from other parts of the federal investigation, such as information arising from the conviction of top Blagojevich adviser and fundraiser Antoin "Tony" Rezko.

I imagine U.S. Attorney Patrick Fitzgerald won't be happy about turning over information obtained during his investigation. [More...]

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How Strong is the Legal Case Against Blagojevich?

Attorney Maureen Martin makes the legal case for Gov. Rod Blagojevich in the Chicago Tribune today.

She says it's questionable whether a federal crime was committed and Fitz should have waited for the grand jury to indict before arresting him. She says this should be a state bribery case, brought in state court.

Food for thought. A few of her arguments are below:

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