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January 26, 2009

Blago CAN call witnesses, even if he complains he can't

Posted: 01:12 PM ET

NEW YORK–Over and over again, Governor Rod Blagojevich has said that the Illinois Senate impeachment hearing is unfair because he is not permitted to call witnesses.

Gov. Rod Blagojevich

This is the same guy who’s compared himself to Gandhi and Martin Luther King, Jr. so his credibility is strained. Nevertheless, I will strongly defend anyone’s due process rights, so I decided to look into this claim.

It is false. Illinois Senate impeachment rule 15 states: “Requests of subpoenas for witnesses, documents or other materials may be made by the Governor or his counsel in the form of a verified written motion to the Chief Justice . . . “ As far as I can tell, that did not happen.

Blagojevich says that prosecutor Patrick Fitzgerald and the Senate have a “cooperation agreement” by which the Senate will not call certain witnesses who are needed for the criminal trial, such as White House Chief of Staff Rahm Emmanuel, White House Senior Advisor Valerie Jarrett or Illinois Rep. Jesse Jackson, Jr.

First, under Rule 15, Blago could call witnesses on the many other articles of impeachment he faces that have nothing to do with these high profile witnesses. He hasn’t even tried.

Second, as a lawyer himself, Blagojevich should know that he could challenge any such agreement between the Senate and the prosecutor under Rule 15, as well as the state and federal constitutions, which give him the right to confront and cross-examine witnesses against him, and also entitle him to due process of the law, including the right to call witnesses.

He has not done that. Instead, he’s using the petulant child approach: “I’m going to take my marbles and go home!” That is a lousy legal approach, because as any first-year law student knows, Blago must make his motions under the hearing rules, even if denied, so that the record is preserved for later appeal. It’s the use-it-or-lose-it approach to enforcing legal rights. Not showing up is the worst possible legal strategy.

Had he made the proper motion and argued that the Senate is trampling his rights, he might have garnered the right to call any and all witnesses he chose. Instead, he complains to non-lawyers like the ladies of The View that he can’t call witnesses, hoping no one will catch him.

Blago, you’re busted. You’re misstating the law. I’d stick up for the due process rights of even the most despised amongst us, even you, accused of withholding money for a children’s hospital and trying to sell Obama’s senate seat. But don’t make up phony claims. As the late Senator Daniel Patrick Moynihan said, “you’re entitled to your own opinion, but you’re not entitled to your own facts.”

–Lisa Bloom, In Session anchor

Filed under: Uncategorized


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ken   January 26th, 2009 2:53 pm ET

the governor really needs to have a psychological examination.To sit there and talk about ghandi and mlk clearly proves it.His lawyer has walked away.he is either a really good actor or a genuine headcase.He rambles on about being disrespected and he coins poems etc.his best bet would be an insanity plea.blago please just go away.

Yvette   January 26th, 2009 4:39 pm ET

.Well it may seem like everyone in the world has outcasted this man! At first I even had my doubts, about Governor Rod Blagojevich But in short the bible give's parables of judging, pointing the finger, critiquing one's character, etc. You should not judge a person, if you have not experienced the storm yourself. Only those who have are more justified righteously. Who have weathered a storm of similiar circumstances can understand Mr. Blagojevich's complaint. There is a vass majority of people that can vouche, they were denied witnesses, judged guilty before their day in court, tapes, recordings, transcripts altered, labeled disoriented, family trama due to the stress,etc. All because of Administrative law, rules, regulations, policies and procedures. Having to answer to a "KANGAROO COURT" that violate's due process rights. The administrators all stick together and are always right. Then goes on public record to savatoge his political career. Let the man tell his side of the story. He has enough on his plate, he has children...think on that! If he wins his criminal case, he gets all of his retroactive. pay , bonus', retirement pension etc. "So what " if he is using parables of famous people who dealt with violation of their due process rights. Don't interview him if your going to make fun of him. He is a human!

Betty Phillips   January 26th, 2009 9:01 pm ET

I do not care for Blago, however, I find it almost funny the way he has played the democrates, this man is more than a gov., he is a clown, a nut, and a spandex work out user. Who do you blame for this Illinois mess? The people in the Windy City, they knew he was being investigated when they put him in again!!! So as they cry in their milk, let the blame lay on the voters in Illinois, whether it was legal or not legal, he has put a new chapter into the Illinois history books. Betty

Tammy   January 27th, 2009 11:50 am ET

I really think he believes his own lies. I would like to to ask the Governor, does he know that IL consists of more than Chicago? He forgot about Southern IL along time ago. He talks about fairness, I would like the lottery to be investigated as well. Since all the winners and unclaimed winnings all come from Chicago or in the general area. There are some that have won more than once from up North. On the topic of health care and those free screenings, that's funny, I get denied for the free breast screenings due to age, and my family has a long history of breast cancer.
If he had any dignity he would stop using our tax dollars to fly around everywhere and just resign, and let IL begin to heal.

Fred Raskin   January 27th, 2009 12:10 pm ET

I watch your program all the time. I'm surprised you joined in this charade by the future former governor of our state. I've seen all the interviews and all they are is a constant load of "BS". I guess he chickened out of the Rachel Maddow show on MSNBC.

linda   January 27th, 2009 12:41 pm ET

Our legislature started talking about impeachment of the Governor 2 years ago, before the campaign and election. Apparently there are other reasons for the impeachment to be happening, even though all our chatty Governor wants to talk about are the Federal charges that they are bringing against him. Someone should ask him to talk about the other reasons we want to impeach him. I don't think he would like the results of a special election held in Illinois to decide if he gets to keep his job.

Linda

Springfield, Illinois

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