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December 10, 2008

Blagojevich prosecutor oversteps?

Posted: 08:19 PM ET

NEW YORK–Disgraced former Durham County, North Carolina District Attorney Mike Nifong was disbarred last year for, among other reasons, prejudicial pretrial public comments he made about three Duke University students he accused of rape.

Gov. Rod Blagojevich

This jumped to mind as I watched highly respected U.S. Attorney Patrick Fitzgerald make repeated comments about the evidence against Illinois Governor Rod Blagojevich yesterday at Fitzgerald’s press conference.

“The conduct would make Lincoln roll over in his grave,” Fitzgerald said, in a comment that was widely quoted by news organizations today. And that was just the beginning. “Governor Blagojevich has taken us to a truly new low,” he said. The Governor embarked upon “a political corruption crime spree.” His conduct, prosecutor Fitzgerald said, was “appalling,” repeated three times, for emphasis.

If the allegations are proven, clearly so. But we are only at the indictment phase, and Governor Blagojevich is, at this time, a citizen of the United States, presumed innocent. And U.S. Attorney Fitzgerald has an obligation to seek justice, not to seek a conviction by any means necessary.

Illinois ethics rules, which apply to federal as well as state prosecutors, permit public disclosure of the facts of an investigation and the allegations in an indictment. But when a prosecutor publicly discloses that a defendant has been charged with a crime, state law requires a statement explaining that the charge is merely an accusation and that the defendant is presumed innocent unless proven guilty.

I must have missed that part of Fitzgerald’s presser.

Prohibited, however, are statements which could be reasonably interpreted as threatening the fairness of a proceeding. Specifically, prosecutors may not publicly comment upon “the character, credibility, reputation or criminal record of a party,” nor “any opinion as to the guilt or innocence of a defendant.”

Would Lincoln be rolling over merely from an accusation?

By the way, what terrible characterizations did Nifong make that led to the firestorm against him? Nifong said that he was "confident that a rape occurred," and he called the players "a bunch of hooligans" whose "daddies could buy them expensive lawyers."

–Lisa Bloom, In Session anchor

Watch Lisa Bloom: Open Court weekdays from 9-11 a.m. on In Session.

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Elizabeth Whitehead   December 11th, 2008 5:59 am ET

If congress approves the 14 billion dollar bailout to help the 3 big automakers, it will have the same effect as the $600.00 stimulus that the Bush government gave my husband and me. It wasn't even enough to pay our electric bill. It didn't do anything to stimulate the economy. There was nothing leftover to spend. The population of the United States is alittle over 303 million people. The unemployment rate is more then half of that and growing. The government could give each taxpayer a low interest million dollar loan and it still wouldn't total a billion dollars. Don't you think that would stimulate the economy, banks would get their mortgages paid, credit cards would be paid, businesses would thrive because the middleclass people would have money to spend. If the thousands of people who have already lost their homes and jobs can't get on their feet because the banks won't lend them money because of their bad credit, who is going to help them? If they don't get any help, there will only be two classes of people in this great country of ours, the rich and the homeless.

Jim Crotts   December 11th, 2008 10:56 am ET

While I am not a fan of the governor or his actions, I lived in Chicago for 8 years and know that Fitzgerald is also a bully at heart. The only difference is that the governor was trying to get money and Fitzgerald wants higher office. He uses the power of his office in much the same way the governor did. This would not be the first big press conference he had only to see the charges reduced later and the information on page six of the paper instead on page one the day they were filed.The press loves the guy because he provides them with so much copy and they don't care where the real truth lies.

Reminds me of another US Attorney from New York who also became a governor. Be careful with the rock you throw Pat.

Derek   December 11th, 2008 11:12 am ET

I could not have said it better my self. I wonder why no one else is saying this.

Steve Hartz   December 11th, 2008 1:20 pm ET

Did Nifong have hours and hours of tape of the rape, Lisa? Nifong had the word of a not-so-credible stripper - no wire tapes!!!! Fitzgerald has plenty of legally acquired recordings of the Governor. I do not see the correllation between Nifong and Fitzgerald. Comparing Nifong - who always reminded (from day 1) as an uncooperative DA, never once wanting to hear the defendants side of the story, etc - is like comparing Lisa Bloom to Sarah Palin. Apples to Oranges. Beauty to Beast.

James   December 11th, 2008 1:30 pm ET

Yeah Lisa, you missed the disclaimer.

Jane   December 11th, 2008 1:47 pm ET

Elizabeth...what does the bailout have to do with corruption charges in Illinois?

Lisa...I thought you were more a law & order person, unlike Jamie Floyd who seems to think that no matter how guilty a person is, he/she should not be found guilty. I guarantee you Blagojevich's attorneys will soon be standing on the capitol steps yelling..."he can't wait for his day in court," and all the other protestions of innocence. Until, of course, he starts dealing for a plea bargain. Too bad there's no death penalty for corruption.

Holly   December 11th, 2008 2:01 pm ET

Bla Bla Bla Bla Bla ... some things never change ! At least Blogo did get open road tolling in Illinois !

Braden Pollock   December 11th, 2008 5:33 pm ET

What I find most interesting about this post is that no one else has taken notice of this issue.
Lisa, I applaud you for having the wherewithal to discover something that Blago's lawyers have not. And for having the chutzpah to write about it–despite taking what is probably an unpopular position. Bravo.

Mane`   December 12th, 2008 7:35 am ET

well i think that u people r takin it too unseriously. do u think its an accident that all these happened, or do u honestly believe that if the governor was such an opnely corrupt person, no one wud hav noticed that. i think 2 things r possible, either somone needed the spot of senator and this was the only way to get to the seat, as the governor wudn't appoint him and all of this of course happens with the former senator, now president elect's knowledge, meaning they just framed the guy or he is really corrupt an every one knew of it but now he doesnt agree to somtheing so they opened it all up to get him to step down and out of the way.

jamie sorensen   December 12th, 2008 1:09 pm ET

i would like to leave a comment on this caylee anthony story;

it just makes me sick how a mom can throw her child away like a piece of trash, KIDS ARE NOT TRASH!!!!!

i am a mother of 7, my oldest ia 25 my youngest will be three in two months, i am also a grandma of a 3 month old and am expecting another in june, i just don't understand how a mom could do that, i have been following the story as much as i can, i can tell you a motive-JELOUSY, plain and simple she was jelous of the attention little caylee was getting from her parents and she wasn't getting it any more, and after that fight she took that little girl and killed her just so her parents would shower her with attention, which doesn't say much for the grandparents on how they raised thier daughter, they need to wake up and smell the roses, thier daughter is a killer, and stop treating her like some poor little princess who lost her dolly, and i think if they continue with this poor casey crap then they should be held accountable just like thier daughter for enabling her to get away with it for so long.

thank you for taking the time to read my comment
jamie sorensen

p.s.
ky kids gave me my email address

Art   December 12th, 2008 2:56 pm ET

Elizabeth though a million would be nice I have to agree with Jane about staying to the point.

With that said, I have to disagree with your outlook of Jami Floyds' thinking that "no matter how guilty a person is he/she should not be found guilty." In this country there is a presumption of innocence before trial. No matter how damaging the evidence is there is still a presumption of innocence. People have a right to know the charges that were filed against Gov. Plagojevich, but AG Fitzgeralds' method of delivery stepped out of the guidelines (in my opinion) by grandstanding with opinionated dialouge that I feel could lead to partiality in favor of prosecution. Jami Floyds articles place emphasis on that belief of presumed innocence and I stand behind her. The court decides guilt or innocence, not the opinions based on he said she said.

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