NUCLEAR | CHICAGO: Blagojevich Defense Team – 1919 White Sox or The Bad News Bears? 

By Thomas R. Bennett
Special Reporter / Citizen Journalist covering the
USA v. Milorad Blagojevich retrial for The May Report and Publisher,

Publisher’s Note: Below Report is based upon NUCLEAR | CHICAGO coverage that began on Monday, May 2, 2011 thru the conclusion of the afternoon session on Tuesday, May 10, 2011.  NUCLEAR | CHICAGO was not present at the USA Retrial on Wednesday, May 11, 2011.

May 12, 2011 (1:05p CT)

CHICAGO – As an update to my continuing effort to construct a biography of U.S. Attorney Patrick Fitzgerald as well as provide special reporting related to the retrial of Milorad Blagojevich, I am writing this morning to officially report upon and inform The May Report and NuclearChicago readership of the following:

Speculative Scenario A).  Is Team Blagojevich sandbagging or laying-upon its sword to benefit both the Obama and Emanuel Administrations (i.e., The-Fix-is-In )?  or

Speculative Scenario B).  Does Team Blagojevich feel that its picked the “perfect” Jury to simply peddle a softly-dark comedy – Blago & The Bad News Bears?

Under either of the above-scenario’s…..U.S. Attorney Patrick J. Fitzgerald (and we the Taxpayers) may be auditioning for a coveted-spot on NBC’s The Biggest Loser.

This past Monday morning, I had a couple business development meetings to attend to related to NuclearChicago (working on B-I-G T-I-M-E story related to the R.J. Vanecko-David Koschman-Anita Alvarez matter) and a couple other business initiatives I’ve been sponsoring.  Fortunately, NuclearChicago reporter – Mister Woblés – was able to cover the U.S.A. v. Milorad Blagojevich morning session which included the “kick-off” of Cross-Examination of Blagojevich Chief of Staff John Harris.

According Mister Woblés (PRONOUNCED: Wo-Blaze), there were 99-objections levied by the Prosecution/AUSA in the Monday morning cross-examination of John Harris!  Mister Woblés also went on to report that Blago Defense Attorney Aaron Goldstein immediately attempted to box-in John Harris related to John Harris lying 30-minutes into an FBI interview on December 9, 2008.  Evidently, John Harris was not charged for same crime.

Mister Woblés informed me of the select Monday morning session highlights as I hustled over to 219 South Dearborn for the afternoon session.  Upon being informed of same scoop – I immediately contacted Ron May to inform Ron of the Special Bulletin as there were no more than a handful of objections during the entire first week of the retrial.

Upon passing-thru U.S. Marshal security at 219 South Dearborn, I made my way toward the elevators when I bumped into Blago Defense Attorneys – Aaron Goldstein and Elliot Riebman.  I immediately expressed my genuine shock to Goldstein related to the 99-objections that Mister Woblés reported upon.  To this end, I asked Goldstein to confirm the number of objections.  Mr. Goldstein indicated there were a substantial number of objections, and he also expressed disappointment that Judge Zagel (and Prosecution/AUSA) is preventing the Blago Defense Team from establishing an adequate defense.  Goldstein also appeared somewhat fatigued (and beaten) from the morning session.

Who can blame him?  I mean…99 objections over an approximately 90-minute morning cross-examination session.  The number of objections over such a condensed period of time might very well be a Guinness Book World Record!

I immediately transitioned our conversation to The Leak provided to the Chicago Tribune’s John Chase (Please refer to The May Report, April 18, 2011 Issue – http://www.tmronline.com/A55951/tmrarticles.ns/b2d8cb9dc8ff27d286256916006c8c74/ea95979d0d26d6a2862578760081e849!OpenDocument).

I asked Goldstein if Team Blagojevich intends to “press-the-issue” related to The Leak as well as the status of the 17-page Motions in Limine that U.S. Attorney Fitzgerald filed on April 19, 2011.  Mr. Goldstein expressed sincere disappointment regarding The Leak as evidently U.S. Attorney Fitzgerald was successful in preventing The Leak from being introduced into the Retrial via same April 19, 2011 Motions in Limine being granted by Judge Zagel.  Goldstein went on to inform me that he appreciates my Passion and the diligence being performed related to investigating and reporting upon The Leak as well as our continuing blanket coverage of the U.S.A. v. Milorad Blagojevich Retrial.

I asked Goldstein if the Motions in Limine as well as other elements of retrial were laying-the-groundwork for an appeal should Blagojevich be convicted, and Goldstein informed me that mounting a successful appeal will be very, very difficult.  Upon concluding our impromptu conversation in the 1st Floor Lobby, I headed-up to the 25th floor to secure a spot for the afternoon session.

With respect to Speculative Scenario A – Is Team Blagojevich sandbagging or laying-upon its sword to benefit both the Obama and Emanuel Administrations (i.e., The-Fix-is-In )? The following instances are possibly supporting this Speculative Scenario:

1). There is a widely-held perception amongst the viewing gallery and members of the media that Blagojevich Defense Attorney Aaron Goldstein (and other Blagojevich junior attorneys) are grossly under-qualified and inexperienced to be quarterbacking such a high-profile case.  To Mr. Goldstein’s defense, I’d argue that everyone is entitled to a ‘rite-of-passage-christening’ at some point in their respective career, however, I’m hearing nothing but scrutiny from spectators in the courtroom gallery including, but not limited to: (i.) Media Legal Analyst – John Lag – who covered the Summer 2010 trial; (ii.) a member of the gallery claiming to be Judge Zagel’s tennis partner.  On the other hand, Sheldon Sorosky – who is Blago lead counsel – is clearly a seasoned and accomplished defense attorney, Mr. Sorosky is seldom involved in objections, and as of the conclusion of Tuesday afternoon’s court session, Mr. Sorosky has yet to participate in a cross-examination during the Retrial (although, I was just informed that Mr. Sorosky conducted a 23-minute cross-examination on Rajinder Bedi on Wednesday morning).  However, Mr. Sorosky does often contribute to arguments and motions when the jury leaves the courtroom.

As a brief aside, Judge Zagel’s tennis partner shared some very relevant perspectives related to Judge Zagel.  Specifically, I mentioned to Judge Zagel’s tennis partner that I was very impressed with Judge Zagel’s overall laid-back temperment and disposition during the Blagojevich retrial.  Same tennis partner indicated that Judge Zagel is inherently a very laid, easy going person – that Judge Zagel’s judicial presence is very much in line with his behavior outside the confines of the courtroom.

2) Both media legal analyst John Lag and Judge Zagel’s tennis partner have commented upon Aaron Goldstein’s lack-of-standing in the Federal Courts.  One critique often mentioned is related to the lack-of-professionalism (and respect to Judge Zagel) that is demonstrated when the Blago Defense Team makes its objections.

Specifically, the Blago Defense Team rarely, if ever, physically stands-up when making objections.  By way of comparison, the U.S. Attorney ALWAYS stands-up when making their objections.  Evidently, this is an important element – among other elements – toward establishing proper standing and respect in Federal Court.  Further, failure to stand-up when making objections can also reflect poorly upon the Defendant (Blago) to the Jury.

3). Upon making objections that are often “overruled”, the Blago Defense Team rarely ever continues to press Judge Zagel or present an argument to lobby Judge Zagel toward overruling objections made by the Prosecution/AUSA.  Case in point – during Monday afternoon’s cross-examination of John Harris – Aaron Goldstein asked John Harris a question related to Harris’ establishing cooperation with the Federal Government within 48-hours of his December 2008 arrest.  Upon this line of questioning being objected to by the Prosecution/AUSA, Judge Zagel sustained the Prosecution’s objection.  Immediately upon same objection being sustained, Aaron Goldstein proceeded to ask John Harris if the basis for his quick cooperation with the Federal Government was exclusively due to John Harris’ possible concerns related to the “cost-of-defending-himself”.  The AUSA was visibly pissed-off with this line-of-questioning and immediately objected.  Same objection was immediately sustained.

While I’m not an attorney, if I was a juror I’d most definitely be interested in hearing if the basis for John Harris’ relatively quick cooperation with the Federal Government was indeed due to John Harris’ concerns related to the “cost-of-defending-himself”.  Simply put, if John Harris felt that he could not finance or fund a defense – and, in turn, this same concern was a prevailing factor or catalyst in Harris’ cooperation with the Federal Government – I would think same logic is germane toward establishing and/or questioning the overall credibility of John Harris as a witness for the Federal Government.

On this note, I was flabbergasted when Aaron Goldstein did not attempt to object and/or present an argument to Judge Zagel as to why same line of questioning is relevant to his cross-examination of John Harris.  In fact, Media Legal Analyst John Lag mentioned to me that my surprise was indeed warranted.  According to John Lag, Aaron Goldstein had an obligation on behalf of his client to at least attempt to pursue same line of questioning related to establishing the “cost-of-defending-himself” prevailing factor as even if Judge Zagel continued to sustain – same attempts by Aaron Goldstein could have ‘played-well’ with the Jury related to John Harris’ credibility as a Government Witness.

4). To date, I have already witnessed a series of very telling moments during the retrial that often go unreported by our local mainstream media.  Another telling moment that often goes unreported in our local media is just how strategic, cerebral and calculating Governor Blagojevich comes across during the replay of the wiretaps.  Same political calculus and cunning often get marginalized by the more sensational “F-Bomb laced recordings” played in open court.  As an aside, the “F-Bomb laced recordings” are, at times, piss-in-your-pants hilarious.

Specifically, Blagojevich mentions (via wiretaps) on several occasions just how toxic and politically-nuclear his mere presence is to the then pending Obama Administration visa vi Blagojevich’s relationship with Obama confidante – Atoin “Tony” Rezko.

Aside from often complaining on the wiretaps about how the Mainstream Press often displaces “everything Rezko” on Blagojevich while providing Obama’s Rezko involvement with a Hall Pass, Blagojevich clearly incorporates this same Rezko toxicity factor into tactics Blagojevich used in developing his Quid Pro Quo strategy with the Obama Administration (and emissaries) as, per the wiretaps, Blagojevich clearly communicates a legitimate option of inserting himself as the bona fide replacement for Obama’s U.S. Senate seat.  Further, it is my understanding that statutorily – Blagojevich had a legitimate legal basis for self-appointment to same U.S. Senate Seat.

I presume that Blagojevich has already discovered that in lieu of “dealing” with Blagojevich’s horse-trading concepts and demands (i.e., Valerie Jarrett, 501c4 Health Care Concept, Blago Self-Appointment, et al) – Team Obama decided to move forward (and appoint Valerie Jarrett to a White House position), irrespective of Blagojevich’s Quid Pro Quo concepts involving Valerie Jarrett.

Upon Valerie Jarrett removing-her-name from the U.S. Senate Replacement Process, the probability of a Blagojevich self-appointment to Obama’s vacated U.S. Senate seat was exponentially enhanced – Big Time!

On this note, if Blagojevich understood his politically radioactive nature in Washington D.C. as a self-appointed U.S. Senator, then clearly others presumably perceived the same political threat to Obama – specifically, U.S. Attorney Patrick J. Fitzgerald.

5). I will expand upon the relevance of the Blagojevich self-appointment (and U.S. Attorney Patrick Fitzgerald’s presumable understanding of relevance based upon his actions) in a later report as same relevance has gone under-reported via mainstream media, however, it is important for readership to understand that the “exponentially enhanced probability” of a Blagojevich self-appointment was politically-nuclear and toxic to The Obama Administration.  Moreover, its become very clear via the wiretaps that Rod Blagojevich attempted to leverage (or blackmail) the Obama Administration with same politically-nuclear-Rezko-toxicity under the prevailing logic that the Obama Administration wants to surgically remove itself from All-Things-Rezko.

In this sense, rather than Rod Blagojevich be “rewarded” for shielding the Obama Administraton from All-Things-Rezko-toxicity, U.S. Attorney Fitzgerald appears to be further positioning himself and running interference for the Obama Administration to perhaps procure a “bennie” by shielding Obama Administration from same Rezko-political-toxicity logic (or blackmail).  Again, please keep in mind that same interference has been taking place since 2006 when U.S. Attorney Fitzgerald demanded that the Chicago Tribune not publish a report that identified the identity of Federal Informant John Thomas or related Federal Investigation.

And folks…the All-Things-Rezko-political-toxicity is clearly a high-stakes political game of leverage and political toxicity that both Blagojevich and U.S. Attorney Fitzgerald are playing – make no mistake about it!

Why else hasn’t Antoin “Tony” Rezko been sentenced? After all, it has been nearly three years since Rezko’s June 4, 2008 conviction.  (http://voices.washingtonpost.com/44/2008/06/rezko-convicted-of-influence-p.html)

Further, what is the basis for the delay in Rezko’s sentencing?  What is the scope of Rezko’s involvement and/or cooperation with U.S. Attorney Fitzgerald and Federal Authorities?

The fact that Rezko and the following cooperating Federal Government witnesses have not yet been sentenced:

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Joe Cari - June 2005 Guilty Plea, to date, sentencing has been delayed (https://citizenwells.wordpress.com/category/joseph-cari)

John Harris - July 2009 Guilty Plea – to date, sentencing has been delayed (http://www.huffingtonpost.com/2009/07/08/blagojevichs-former-chief_n_227718.html)
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inherently creates highly-germane issues and environs that create ‘major conflicts and concerns’ in both the U.S. Attorney’s ability to dispense equitable justice, and in issues related to The White House’s ability to establish continuity related to policy development and implementation.  Simply put, until All-Things-Rezko are concluded at 219 South Dearborn – an Obama Administration is, in theory, “politically-bricked” and “boxed-in” by U.S. Attorney Patrick J. Fitzgerald as its already been reported upon that Fitzgerald’s Federal Informant – John Thomas – has logged-in visits by Blagojevich and Obama to Rezko’s offices (http://bigjournalism.com/acary/2010/05/19/tony-rezko-barack-obama-the-fbi-mole-and-the-chicago-msm/).

To further demonstrate the highly-charged political nature of the above circumstances, ask yourself this — in the event U.S. Attorney Patrick J. Fitzgerald is, in fact, positioning himself for a “major bennie” (i.e., FBI Director) or “another consideration” visa vi his handling (or running political interference) in the Blagojevich Retrial – what happens if a previously-agreed upon understanding between Obama Administration and Fitzgerald becomes moot based upon an outcome that fully-exonerates Blagojevich (or another Hung Jury)?

Keep in mind that anything short of a conviction, substantial dilutes U.S. Attorney Fitzgerald’s credibility, and standing as well as leverage.

In the event of a Blagojevich hung jury or exoneration, how does U.S. Attorney Fitzgerald ‘play-his-cards’ as, to date, Fitzgerald maintains a ‘very-strong-hand’ visa vi the sentencing hangovers (and possibilities/implicit threats of future indictments) that Fitzgerald is inherently holding-over the heads of the following parties:

* Daley Family (Richard M. Daley, Patrick Daley, Robert Vanecko, R.J. Vanecko, et al).

* Other Obama supporters and, possibly, Obama himself (Allison Davis, Dr. Eric Whitaker, Marty Nesbitt, et al).

* Rezko investigation collateral damage (Blagojevich, Joe Cari, John Harris, et al).

To this end, the most powerful man in America appears to be U.S. Attorney Patrick Fitzgerald - an unaccountable and unelected Federal Bureaucrat since becoming an Assistant United States Attorney in New York City in 1988.

Imagine that — the most powerful man in America has been on the public payroll since Ronald Reagan was president.  Nor has anyone ever elected U.S. Attorney Patrick J. Fitzgerald to his current position.

And, any attempt to dilute U.S. Attorney Fitzgerald’s power or standing within the Bush Administration’s Justice Department was allegedly swiftly offset by the “goods” that Fitzgerald discovered during his investigation of senior-level staff during the Valerie Plame investigation.
(Has Patrick Fitzgerald Obtained A Silver Bullet Against Alberto Gonzales? http://www.theleftcoaster.com/archives/006744.php)

Again, I will expand upon both the relevance of the Blagojevich self-appointment as well as the incredibly unprecedented power that U.S. Attorney Patrick J. Fitzgerald currently holds.  In fact, some would say that our Country has not witnessed a more powerful, unelected federal bureaucrat since J. Edgar Hoover was allegedly parading around Washington D.C. in ladies undergarments.

With respect to Speculative Scenario B – Does Team Blagojevich feel that its picked the “perfect” Jury to simply peddle a softly-dark comedy – Blago & The Bad News Bears? The following instances are possibly supporting this Speculative Scenario:

1). The overall composition of the Jury (i.e., 15 women and 3 males) appears to heavily favor enhancement of the environs that might possibly help establish a sympathetic, lone-wolf juror(s) scenario that ultimately ‘holds-out’ for Blagojevich (i.e., hung jury).  Given the recent, not so subtle signaling of select jurors (i.e., occasional laughing or smirking during wiretaps) as well as very discreet signaling (i.e., favorable body language during important moments of testimony), I would not be surprised if there is a prevailing sentiment that this trial was “won” during jury selection.

2). A possible Pile-on Perception has been created in recent days via the Prosecutor/AUSA’s many objections (i.e., 200+ objections by Prosecution on Monday – super majority were sustained).  Despite Judge Zagel excellent judicial disposition (i.e., cool and calm), as well as Judge Zagel’s thoughtful explanations to Jurors related to the many objections – it still appears that Team Blagojevich is effectively engendering sympathy (as well as laughs) amongst select members of the viewing gallery and, quite possibly, with select Jurors.

Some may refer to the Team Blagojevich’s response to the Federal Government’s Pile-On as a Winning Ugly strategy, however, I’m going to refer to same strategic Team Blagojevich Response as The Bad News Bears strategy (http://en.wikipedia.org/wiki/File:Bad_news_bears_1976_movie_poster.jpg).

While seasoned and experienced Sheldon Sorosky plays an effective Walter Matthau/elder statesman – the rest of Team Blagojevich looks every part of the rag-tag Bad News Bears:

1). Aaron Goldstein – (http://notguiltyinchicago.com/about) – Lane Tech Alum, Rogers Park native and a self-admitted nerd while studying law at The University of Iowa – perhaps the biggest party school in the BigTen.  Evidently, Aaron Goldstein was Sheldon Sorosky’s pick to quarterback the Blagojevich’s defense as Goldstein was already intimately familiar with the copious amounts of evidence (i.e., wiretaps) that would have taken a ‘brand new’ quarterback an insurmountable amount of time (and economic resources) to study-the-proverbial-system before even taking a snap.  Goldstein also sat-in on Summer 2010 trial in its entirety so presumably the “value” that Goldstein brings to team Blagojevich is established in familiarity as opposed to Top Tier Legal Talent (i.e., Sam Adam Duo, and other more prominent and experienced litigators).

2). Lauren “Long Cool Woman in a Black Dress” Kaeseberg – (www.laurenkaeseberg.com) – (http://www.youtube.com/watch?v=lP94PlEtsEQ) According to the Illinois Attorney Registration and Disciplinary Commission (https://www.iardc.org/ldetail.asp?id=677996099), Ms. Kaeseberg has been a licensed attorney since May 2008 – hardly an experienced litigator.  Nonetheless, I have been impressed with Ms. Kaeseberg “presence” at the Defendant’s table – she at least looks the part, and performed marginally well during her cross-examination of FBI Special Agent Dan Cain – the first witness of the retrial.

3). Elliot Riebman – According to the Illinois Attorney Registration and Disciplinary Commission (https://www.iardc.org/ldetail.asp?id=545878649), Mr. Riebman became a licensed attorney in December 2008 – again, hardly an experienced litigator.  Further, while Lauren “Long Cool Woman in a Black Dress” Kaeseberg clearly looks-the-part of an attorney in a high-profile Federal Case – Mr. Riebman looks like a cross between the frumpled, eccentric of Peter Falk as Lieutenant Columbo and Alan Ruck’s Cameron Frye role in Ferris Bueller’s Day Off (http://www.imdb.com/media/rm2509734144/ch0005863).  To be perfectly blunt, Mr. Riebman’s inexperience and timidity were blantently obvious during his Tuesday afternoon cross-examination of IRS Agent Shari Schindler.

With respect to Blago’s Bad News Bears, they may be feeling as though they have “picked” the “perfect” Jury.  In the event Team Blago likes the composition of the Jury (and I have not solicited perspective to confirm either way), it appears that this basis, might be reinforcing Team Blago’s prefernce toward peddling the soft comedy – Blago & The Bad News Bears.  Simply put, Team Blago is doing one heckuva job (whether intentional or unintentional) at garnering ocassional laughs from the Jury.  While I have yet to report upon the relevance of Jury selection, the 18-jurors (15-female, 3-male) appear to be comprised of a handful of female jurors that appear to be ‘signaling’ an emotional empathy for both Rod & Patti as briefly described-above.

On this note, can Blago’s Bad News Bears engender enough sympathy from the Federal Government’s Pile-On to secure one hold-out Juror to force another Hung Jury?

Or….are Blago and his Bad News Bears playing more toward the tune of Mr. Comiskey’s infamous 1919 White Sox Club?

At this point in the trial, all signals and signs are trending toward an enhanced probability of a Hung Jury.

The bottom line – the moment “someone” decided to LEAK the Uber-Confidential Federal Wiretap of a sitting, and elected Governor to the Chicago Tribune, is the moment the Office of U.S. Attorney was inserted into the business of playing ‘politics’ instead of dispensing Justice.

It also appears that Rod Blagojevich is ‘eating-Fitzgerald’s-lunch’ as I don’t know how on God’s Green Earth that Rod Blagojevich can be depicted as a sympathetic figure.  As a fellow gallery attendee from River Forest pointed-out during a sidebar on Tuesday afternoon – this entire trial is an ‘eye-opening-experience’ for Illinoisans and Americans.

Lastly, as I was making my way up to the 25th floor to preview this morning’s session of USA v. Milorad Blagojevich, I shared very memorable elevator ride with a mother and son from the Ukraine that we’re en route to attending their ceremony to become American Citizens – coincidently on the 25th floor.  I found the irony to be absolutely incredible.  On the same floor of the USA v. Blagojevich Retrial, our country is welcoming another group of immigrant Americans whom had to study for, and pass a test based upon their knowledge of the United States Constitution – as I did in Mrs. Dart’s 8th grade class and, once again, at Marist High School.

Again, the irony is incredible and thick.  Both the Ukranian mother and son were visibly excited in becoming full-fledged Americans of the United States of America – as they should be!  Perhaps, U.S. Attorney Patrick J. Fitzgerald should consider retaking a pass-fail exam on the relevance of the United States Constitution?

The United States Constitution is about WE THE PEOPLE….not the selfish, political agendas of Milorad Blagojevich or U.S. Attorney Fitzgerald.

This retrial is, indeed, an eye-opener for our country as we’re witnessing major violations in our Public Trust and our uber-sacred United States Constitution from both the Defendant as well as the U.S. Attorney.

God Bless America.

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Thomas R. Bennett is a Citizen Journalist and Reporter for The May Report and Publisher of NUCLEAR|CHICAGO.

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