January 27, 2009

A political animal

Posted: 02:26 PM ET

NEW YORK - As a criminal defense attorney, I am all about the presumption of innocence. That's what my show, Best Defense, is all about. But what Gov. Rod Blagojevich, who appeared on today’s show, doesn't seem to fully appreciate - or doesn't want to admit - is that the impeachment proceeding in the Senate of his home state of Illinois is not a criminal trial.

Gov. Rod Blagojevich talks with In Session's Jami Floyd

Sure they call it a “trial.” But it is not a trial, not in the truest sense of the word, the sense that matters: The constitutional sense. The various principals the governor has been touting during his two day media tour, including today, in response to my questions - such as the right to a fair and speedy trial and the right to confront the witnesses against you - are Sixth Amendment requirements and they attach only in criminal cases. Watch Jami Floyd's interview with Gov. Rod Blagojevich.

So, when the governor is tried, which I predict he will be, in federal court, he certainly will be entitled to all the protections afforded by the Sixth Amendment; and he will be entitled to the presumption of innocence until proven guilty of criminal wrongdoing. But this current proceeding, this so called impeachment trial, well this is purely political. And, if he is anything, Rod Blagojevich is a political animal. If he knows nothing else, he should know that.

-Jami Floyd, In Session anchor

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Cecil

January 27th, 2009 6:18 pm ET

I saw your interview today. You did one of the best jobs in showing that Blago is bending the truth of being able to bring witnesses, fairness, etc.

Spider

January 28th, 2009 10:22 am ET

What is his reasoning for taking his case to the public?
We can't do a thing about it, even if we believe his whining.

Miriam

January 28th, 2009 11:59 am ET

I honestly do not believe this case will ever go to criminal charges. The witnesses that will need to be called I think will go up to President Obama and that is not something I think they will want to embark on – calling them to testify. So I believe that when he is removed from the office of governor that will be the goal they were after and thus end this circus of a political clown show. I am sure if all the politicians' phone conversations were taped they would all have alot to answer for. There are always promises made for votes in all areas of politics or none would get elected. I think movies made about past politicians have shown this so you can just about imagine.....so all the Ill politicans need to not throw stones in their glass houses.

Ruby Linderman

January 28th, 2009 2:14 pm ET

What Gov. Blagovetch never mentions is that his impeachment was being considered for months before his arrest. That simply moved things along. Yes, he was elected twice, but most of those who voted for him now regret it and want him impeached. He is putting out his message, but you do not hear from 93% (or more) Illinoisans that disapprove of his performance and are suffering because of the embarassing mess he has created and continues to stir.

Impeachment is only a process for an elected official to be fired. The people of Illinois, his employer, have decided through their elected representatives to fire him!

Ruby, Springfield, IL

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February 10th, 2009 12:37 am ET

Thanks for the great article, do you have any additional resources you can point us to learn more?

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