Will Rezko or Tapes Prove More Damaging in Case Against Ill. Gov?
Many of the headlines about the charges against Illinois Gov. Rod Blagojevich focus on some sensational allegations contained in a government affidavit filed in connection with his arrest.
In taped conversations, the affidavit says, Blagojevich talks about making an appointment to the Senate seat once occupied by Barack Obama in exchange for a cabinet post, an ambassadorship or a cushy job.
But the affidavit also reveals that former Blagojevich fundraiser Antoin “Tony” Rezko, convicted in June of fraud, is giving authorities damaging information about the governor, report the Chicago Tribune and the Washington Post. Rezko could prove helpful in the part of the case getting less press—allegations that Blagojevich traded state jobs and contracts for campaign contributions.
However, Rezko has not made a final deal with prosecutors, and it’s not clear if he will become a government witness against the governor, the Tribune story says. A footnote in the affidavit says prosecutors are seeking to corroborate claims made by Rezko.
Meanwhile, some experts say defense lawyers are likely to attack Blagojevich’s taped conversations in which he schemes about selling the Senate seat as nothing more than talk, the Associated Press reports.
New York lawyer Martin Pollner told AP that prosecutors have to show overt acts to prove a conspiracy. Yet the recordings appear to show the governor did nothing more than talk to advisers. Pollner said it’s not illegal for the governor to talk about ”what he wants to get and what he wants to receive, his hopes and aspirations.”
Chicago lawyer John Beal agreed. ”The weakness in the government’s case seems to be that Blagojevich schemed to do things but didn’t actually do them,” he told AP.
Others told AP that the tapes are powerful evidence. ”If I were the defense lawyer, I would be sitting down with the clients and telling them that this is not a winnable case and we ought to try to strike a deal,” said Northwestern law professor Albert Alschuler.
He said one bargaining chip could be an agreement by the governor to resign.
Earlier posts on ABAJournal.com:
Why Dan Webb Isn’t Representing Ill. Gov: Alleged Unpaid $500K Legal Tab
Fed’l Case Against Ill. Gov Creates Unusual Issues for Judges & Lawmakers
Little-Known Chicago Lawyer Accompanies Ill. Gov. to Court
Ill. Gov. Arrested, Accused of Trying to ‘Sell or Trade’ Obama’s Senate Seat
