Blago seeks to have Fitzgerald removed from case

[BlueJessamine]

Source: Chicago Sun-Times

Gov. Blagojevich is asking a judge to kick U.S. Attorney Patrick Fitzgerald off of his corruption case, the governor’s lawyer said today.

Sheldon Sorosky said they're seeking to have Fitzgerald removed because of remarks he made during a Dec. 9, 2008 news conference announcing charges against the governor.

Fitzgerald at the time called Blagojevich's conduct — which included allegedly trying to sell President-elect Barack Obama’s vacant Senate seat — “appalling.”

Assistant U.S. Attorney Ed Chang called Blagojevich's move “meritless.”



Read more: http://www.suntimes.com/news/metro/blagojevich/1368461,blagojevich-fitzgerald-corruption-case-010809.article

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from ABC Chicago:


Attorneys for the governor have filed a motion - that was under seal - asking that U.S. Attorney Pat Fitzgerald and all of his assistants on the Blagojevich matter be removed from the case. They contend that the announcement and details of the Blagojevich arrest last month was filled with inflammatory, prejudicial comments.

Link:

http://abclocal.go.com/wls/story?section=news/politics&id=6594066

[pnwmom]

1. Hmmm. . . it was pretty inflammatory. This will be interesting. n/t

[SharonAnn]

2. Can't say I blame him. I wouldn't want Fitzpatrick after me, either.

[MidwestTransplant]

4. Or Fitzgerald either, for that matter!

[nevergiveup]

3. Free Blago!

There is obviously no evidence that Abe Lincoln actually turned over in his grave.

[Captain Hilts]

5. This isn't the Onion! Seems like an endorsement for Fitz if you ax me. nt

[truthisfreedom]

6. I really wonder about this case. Blag has a chance here. It's pretty amazing.

I don't know what to say about it, either. I can't decide if he seems like he should be going down for this or if they should have got him on something where they really had a case.

[GinaMaria]

10. we have speedy trial motions in Illinois

but I don't think we have speedy indictment rules.

[alcibiades_mystery]

7. According to many DUers who idolize the Mighty Fitzmas, Blago was supposed to be indicted this week

Guess that fizzled, like virtually everything else the Fitzmas lovers have waited for with baited breath...

[yellowcanine]

8. Fitzgerald's comments WERE out of line and the judge should at least caution him.

Not sure it justifies removal, however.

[BlueJessamine]

9. Patrick Fitzgerald violated the rules with pretrial publicity:

an excerpt from The Southern.com

Chief defense counsel Edward M. Genson filed the motion to have U.S. Attorney Patrick J. Fitzgerald thrown off the case, it was disclosed at the hearing.

He charged in the motion that Fitzgerald violated the rules with pretrial publicity at a Dec. 9 news conference announcing the charges against Blagojevich and his former chief of staff John Harris.

The motion was filed under seal and not immediately available from the court clerk's office but was described by Chief Judge James F. Holderman of U.S. District Court and another Blagojevich defense attorney, Sheldon Sorosky.

The motion sought Fitzgerald's ouster from the case ``because of the statements he made in announcing the arrest of Gov. Blagojevich,'' Sorosky said.

``He violated the rules of the American Bar Association,'' Sorosky said.

Blagojevich, 52, is charged among other things with plotting to sell or trade the U.S. Senate seat left vacant by the election of Barack Obama as president.

While Sorosky was not specific about the contents of the motion, Fitzgerald said at the news conference that the governor had been on ``a political corruption crime spree'' and ``the conduct would make Lincoln roll over in his grave.''


Link:

http://www.southernillinoisan.com/articles/2009/01/08/breaking_news/doc4966b1d74f6ba909437674.txt