BLAGOJEVICH'S TRIALS

At the start of the Illinois Senate hearings, on Monday, about the impeachment of Governor Blagojevich, the presiding judge, Thomas R. Fitzgerald, asked the senators in the chamber, “Is the Governor present?” The answer was negative, because Blago, as he is now commonly called, dubbed the senate gathering a kangaroo court, motivated by political vendettas.

The Governor is correct in saying that this is a political trial. He will not be judged based on the principles of criminal or civil law; the assessment by the Senators will be based solely on whether they believe he can govern effectively or not – surely, the mother of all subjective political judgments.

Most of the Senators, 37 out of 59 to be exact, belong to the same political party as Blagojevich. They are all Democrats in a State with a long history of rule by that political party. Unfortunately, the Governor has little support among his colleagues in the Senate. He alienated nearly all of the Democratic establishment, including his powerful father-in-law, on his way to the top. Now, he will, almost certainly, pay the price for the selfish behaviour, over many years, of a personality type that can charitably be called narcissistic.

The Senators’ case against the Governor is mostly based on tape recordings, done by the FBI, of conversations which show him as a crude and grasping politician. In talking about filling the Senate seat, vacated because of Barack Obama’s accession to the White House, he suggests that this important appointment should result in some major favours coming his way. There is talk of payola that might reach as high as half a million dollars – plus a lucrative job for his wife.

All of this “low” political behaviour is certainly unedifying and, at times, somewhat shocking. The chief prosecuting attorney, Patrick Fitzgerald, denounced his actions in the strongest terms, stating that the level of corruption involved was so despicable that it would cause Abraham Lincoln to turn in his grave. The usually - balanced New York Times editorial was equally condemnatory, describing his words on tape as “the crass rantings” of a “discredited blowhard!”

The Senators in Springfield are listening to excerpts from these tapes. They do not have access to the full recordings, because Prosecutor Fitzgerald feels that such access at this time would hinder his plans for the criminal case that he is preparing against the Governor, which will probably be tried in the summer.

In that trial, Fitzgerald will have to match his hyperbolic accusations with facts that will convince a jury that Blago is not just an unsavoury individual, but that at an identified time on a particular day, a quid pro quo was established with someone that involved the transfer of money or other favours for the appointment to the Senate. Vague talk about possibilities, imaginary “strokes” with various moneyed people – the equivalent of late-night pub talk, these will have no probative value in a criminal case.
He will have no problem establishing that the Governor is a cad, who, on a whim, regularly upbraided his staff. Likewise, he can easily prove that consultants and contractors, who benefited from State contracts, were clearly told that a large cheque was expected at Blagojevich’s political fundraisers. There is no suggestion of threats being used, so none of this is illegal; indeed shaking down contractors is a common practice in many States. And, looking for a job for his wife is hardly a criminal action.

I am sure that his defence attorneys will ask for evidence of the Governor’s corruption. Has he or his family become rich since he was elected? Has he “persuaded” some compliant contractor to renovate his house for a reduced or nominal payment? Has he used the powers of his office to punish his enemies in Illinois? Why had his political fundraising fallen on hard times long before he was arrested?

The Senators in Springfield, Illinois, will, almost certainly, wreak revenge on their erstwhile colleague by impeaching him in the near future, and he will be replaced by Deputy Governor Quinn. However, based on what we have heard so far, Fitzgerald’s criminal trial may very well have a different outcome.