ANDY MARTIN: Blagojevich case backfires on the federal government

Law professor Andy Martin says the political prosecution and persecution of Rod Blagojevich will become an increasing embarrassment for federal prosecutors and the Obama administration.

Internet powerhouse Andy Martin says the Blagojevich verdict is a big win for the former governor

Marin says the Blago prosecution backfired because it was blatantly political

ContrarianCommentary.com
“The Internet Powerhouse”
Andy Martin
Executive Editor

“Factually Correct, Not Politically Correct”

FOR IMMEDIATE RELEASE:

ATTENTION: Assignment Editors: Andy is available for interviews

Andy Martin says Blagojevich is the victim of a corrupt political persecution that blew up in the government’s face

Andy Martin says the “ancient” Illinois “writ” of “fixicatus” is about to descend on the U. S. Attorney’s office

Andy asks “Why is the U. S. Attorney’s office is persecuting Blagojevich? Who’s got the action on this?”

(CHICAGO)(August 17, 2010) When Governor Rod Blagojevich was arrested in 2008 I expressed the opinion that federal prosecutors had overreached. I wrote a second column during the trial expressing skepticism about the prosecution’s case.

Today the case blew up in the prosecutors’ faces. There is now no doubt the former Illinois governor is the target of a bitter political vendetta. The jury’s verdict also shows what happens when ordinary jurors see the awesome power of the federal government being misused: they punted. Instead of retrying the Blagojevich case, prosecutors should dismiss the 23 counts that resulted in a deadlock.

I don’t know what “lie” Blago has been convicted of telling federal investigators, but I also know the lying-to-the-feds statute is the most abused and overused criminal law in the country. You can always find some answer that’s self-serving and call it a lie and get a grand jury to indict.

If I were the U. S. Attorney, I would be embarrassed. He staged a massive publicity parade in 2008, and made a charge that most competent lawyers knew could not stick: Blago was selling a senate seat. It was a sexy accusation and like most things sexy there was not much behind it.

BS’ing in a private office is not a crime. Spinning out extreme and even offensive scenarios in private is not a crime, even if they are caught on federal wiretaps. People have a right to privacy in their own offices. Big Brother can't create a crime by listening in on your home or office and criminalizing your idle chatter. Blago’s associates were also as sleazy as they come.

Dragging in Blago's brother was a despicable act. It boomeranged with the jury.

The sad fact is that Blagojevich may be guiltily of some crime, but the feds in their obsession with validating the “selling the senate seat” arrest botched the real criminal case and allowed the political prosecution to predominate. That’s a misuse of federal prosecutorial discretion.

Ironically, in retrospect Blagojevich probably would have been acquitted if he had taken the stand and mounted a defense. The jury was favorably disposed. His “conviction” on one count was probably a compromise verdict by people that were tired after two weeks of being in seclusion and may have been starting to wear on each other.

Blago’s lawyers did an excellent job of securing a hung jury. But their strategy could not result in an acquittal. On retrial, they should fight for an acquittal and not a hung jury.

The lead prosecutor’s immediate demand for a retrial is indicative that he has developed an obsession, lost all perspective, and should be replaced by a cooler head.

My guess, Blago will not spend any time in jail when the entire circus is over. He might spend a short stint, but the time he spends in jail will not have been worth the federal prosecutorial and investigative resources that were devoted to convicting him if it takes two or three trials.

Although prosecutors always have the edge, the judge in this case is going face all kinds of growing problems. Is he going to have to appoint public defenders for Blago and his brother? That would be a major embarrassment for the federal government. They are trying to destroy someone financially with endless prosecutions but with a minimum of real evidence.

In my opinion, the odds in Blago’s favor will improve with each additional trial. This is a case that s going to get weaker, not stronger, as it progresses.

The fact is, Blago didn’t even put on a defense and got a hung jury. What if he had mounted a real defense and subpoenaed Obama administration officials? He would have been acquitted. The Blagojevich case is going to become an increasing embarrassment for President Obama and his Chicago-based associates.

As the case unfolded, I was astounded at the amount of evidence that was strongly in Blago's favor that was never exploited because Blago did not mount a full defense. You can sometimes put in most of a defense through cross-examination, but Blago’s defense called for witnesses. My advice to Blago: next time, call witnesses and take the stand. You’ll win.

I would not be surprised to see a “senior management” decision to end the case. As we jocularly call it in Chicago courts, it’s the ancient Illinois writ of “fixicatus.” Trust me, the writ of fixicatus is in the offing. The fix will be in. Soon.

There is an old expression, “it’s better to be lucky than be smart.” Prosecutors proved Blago was not smart. Today he was lucky.

U. S. Attorney Fitzgerald: it’s time to fold’em. You took your best shot and blew it. Now move on.

P.S. I have no links, not even the remotest, to Blago or his lawyers. No inside information. These views are my independent observations based on over 40 years experience in the U. S. Courthouse in Chicago.

P.P.S. I have to be in federal court Thursday morning. Wish me luck.
--------------------------------------

ABOUT ANDY: Andy Martin is the legendary New York and Chicago-based muckraker, author, Internet columnist, radio talk show host, broadcaster and media critic. He has over forty years of background in radio and television and is the dean of Illinois media and communications. He promotes his best-selling book, “Obama: The Man Behind The Mask” and his Internet movie "Obama: The Hawai'i years." Martin has been a leading corruption fighter in Illinois for over forty years. He is currently sponsoring www.AmericaisReadyforReform.com
Andy is the Executive Editor and publisher of the “Internet Powerhouse,” www.ContrarianCommentary.com. He comments on regional, national and world events with more than four decades of investigative and overseas experience. He holds a Juris Doctor degree from the University of Illinois College of Law and is a former adjunct professor of law at the City University of New York (LaGuardia CC, Bronx CC).

UPDATES: www.twitter.com/AndyMartinUSAwww.facebook.com/AndyMartin Andy's columns are also posted at ContrarianCommentary.blogspot.com; contrariancommentary.wordpress.com.
contrariancommentary.typepad.com[NOTE: We try to correct any typographical errors in this story on our blogs; find our latest edition there.]

MEDIA CONTACT: (866) 706-2639 or CELL (917) 664-9329E-MAIL: AndyMart20@aol.com © Copyright by Andy Martin 2010

ANDY MARTIN on the Rod Blagojevich trial

Former adjunct professor of law Andy Martin analyses the prosecution of impeached Illinois Governor Rod Blagojevich. Martin has 45 years of experience in the Chicago federal courthouse. Martin says the federal judge in the Blagojevich case is a crooked Republican Party fixer. Martin predicts the jury will acquit Blagojevich. Martin says that based on the prosecution’s case Blagojevich should be allowed to call President Obama as a defense witness.

Internet powerhouse Andy Martin blows the whistle on Chicago’s crooked federal courts and says former Governor Rod Blagojevich will be acquitted

ContrarianCommentary.com
“The Internet Powerhouse”
Andy Martin
Executive Editor

“Factually Correct, Not Politically Correct”

FOR IMMEDIATE RELEASE:

Andy Martin says federal prosecutors have botched the Blagojevich prosecution.

Martin says there is an excellent change Blago will be found not guilty

Andy blows the whistle on the crooked federal judge who is trying to convict Blagojevich

(CHICAGO)(July 14, 2010) This is another column I would prefer not to write. Nothing that follows should be seen as a defense of the failed leadership of Governor Rod Blagojevich (“Blago”). Nevertheless, although Blago may be a thoroughly despicable man, he does not appear to be a criminal. There is a great gap between slimy politics and criminal activity.

My prediction: Blago will be acquitted. The feds have blown their case.

I first walked into the U. S. Courthouse at 219 S. Dearborn Street in Chicago 45 years ago. My girlfriend’s dad invited us to lunch in the executive dining room. The girlfriend is long gone. But over the past 45 years I have been in and out of that building, winning some cases and losing others. The U. S. Circuit Court of Appeals in Chicago once said I would “not win a personality contest in this circuit” because of my relentless efforts to expose judicial arrogance and corruption in Chicago. In other words, the appeals court admitted federal judges would scheme to fix cases against me because I was too honest to litigate in Chicago’s courts.

I think it is fair to say 45 years of experiences gives me an insight into federal justice in Chicago that few others can provide.

So here is my assessment of the Blagojevich trial. The good, the bad and the ugly.

First, the crooked judge. Then the prosecution case. Next, Blago the Magnificent. Finally, The Jury.

1. The crooked federal judge

In federal court, as in many courts, judges are assigned to civil and criminal cases by lottery. They call the assignment process the “wheel.” But Judge James Zagel was not assigned to hear Blago’s case by random assignment. Instead, prosecutors “fixed” the assignment of Zagel by pretending that the Blago prosecution was linked to a case already pending before Zagel and piggybacking the two “cases” together. In other words, the Blago prosecution was "steered" to Zagel. That “fixed” assignment was a naked example of crooked federal court justice in Chicago. Prosecutors knew they had a weak case to start, and they were trying to bolster their prosecution by steering it before a crooked judge.

Blago’s defense team was disorganized at the outset, and missed a major opportunity to jam the case by attacking the rigged assignment process. Since the corrupt assignment, Zagel has done everything he can to rig the trial against Blago.

Who is Judge James Zagel? He is a Republican Party hack. Zagel was a stooge and errand boy for former Illinois Governor James Thompson. Zagel does what he is told.

Blago may be an unsavory character, but he still deserves a fair trial. Zagel is doing everything he can to deny Blago a fair process. Why? Because former Governor Thompson is the “King” of the “Combine” of bipartisan corruption in Illinois. Thompson and his cronies in both political parties want to wipe out Blago before he can wipe them out. Watch for Zagel to try to prevent Blago from presenting a complete defense.

II. The prosecution case

Federal prosecutors in Chicago are not dumb. The U. S. Attorney runs an exemplary office when he is pursuing the Mafia and common everyday crooks. But his assistants knew the case against Blago was watery. So they schemed to deny Blago a fair trial and a fair defense. They rigged the assignment of the case to a fixed judge who is a Thompson stooge and who could be counted on to manipulate the trial against Blago. And Judge Zagel has done just that.

Earlier this week, prosecutors were afraid to “close” their case by calling Tony Rezko as a witness. Rezko was the kingpin of Illinois corruption, the “fund raiser” for President Obama and Governor Blagojevich. Prosecutors were afraid of Rezko’s testimony. The biggest crooks in Illinois politics never testified in the Blago trial. Instead, the feds tried to rope-a-dope their case by calling minor players as prosecution witnesses. The big boys were too tainted. Where’s Rezko? Where, indeed.

At the end of the day, after promising a multi-month extravaganza, federal prosecutors folded their case Tuesday with only a few weeks presentation. “Not with a bang but a whimper.” Their case imploded.

III. Blago the magnificent

The prosecution case was flawed from the start. Blago was originally arrested and charged with trying to “sell” a U. S. Senate seat. The prejudicial publicity in Chicago and nationally was horrific. (At the time of his arrest I defended Blago.)

Does anyone remember how the Clintons feathered their interests in the White House? How favored contributors slept in the Lincoln bedroom? How Clinton was raising funds for his “library” while still president? How people who give to Clinton’s “library” get preferred access to the former president even today? Fund raising in this county is rotten to the core.

Blago’s shenanigans involving the appointment to Senator (President-elect) Obama’s seat in 2008 was simply not a crime.

Before the start of the trial Blago said he wanted to testify. The ham-handed federal case has probably increased the likelihood that he will take the stand. He would probably be a magnificent witness.

I could see Blago playing the “family man” card in a devastating manner. He testifies, “Yes, I was out of the office a lot because I have young children at home. I wanted to be home for them, to be their father. And so I trusted my staff (tears in the courtroom here) to carry on. And they betrayed me.” Blago’s own staff have repeatedly testified they lied to him, and took action in his absence. Being an incompetent or lackadaisical administrator may be bad leadership, and poor politics, but it is not a federal criminal offense. “My staff betrayed me” will be a strong defense.

Blago’s F-bombs? When has vulgarity and swearing been a criminal offense? Greed is not a federal criminal offense. Arrogance? Not a crime. Blago was frustrated because he passed out goodies to voters (e. g. free transit to senior citizens) and people still didn’t love him (they loved his Republican opponents even less). Where’s the crime?

With all due respect, the appointment of Obama’s successor as U. S. Senator was handled in the traditional “Chicago way.” Lots of people wanted to be appointed a senator. They cozied up to Blago. They offered to help him. He was looking for the best offer. Sleazy? Sure. But it happens in New York, and California and everywhere else that governors have unlimited power to appoint a replacement U. S. Senator.

Look at the way now-Senator Kirsten Gillibrand machine-gunned Caroline Kennedy. Compared to New York Governor Patterson, Blago looks like a gentleman by comparison. Kennedy was destroyed and disgraced. Blago did not destroy anyone.

IV. The Jury

I have not been in the Blago courtroom (though I will stop into witness the Blago defense in person). But I know enough about Chicago jurors to make my prediction. Even though almost all of them are ordinary citizens, jurors can smell a fixed case. Judge Zagel’s shenanigans have probably left a bad taste in the minds of the jury.

Blago’s lawyers are not “federal” lawyers who work primarily in the federal courts. Instead, Blago chose state court criminal defenders, who often have a more visceral approach to a criminal defense.

My guess: the jury is going to agree Blago was nutty, and sloppy, and probably greedy. But being a relentless fund raiser is not a criminal offense. Not in Illinois, not anywhere else. Blago was much too brazen with his “quid pro quos" but bad manners is not a criminal offense.

Judge Zagel is probably going to be forced to allow enough of a Blago defense to sink the prosecution case. Based on the evidence admitted at trial, I believe President Obama is a proper defense witness. Zagel is engaged in a political protection racket by trying to protect Obama from testifying. But how can the big man be left out of the case? Expect to hear that challenge in closing arguments.

The bottom line: Chicago is America’s capital of corruption. And the crooks are everywhere: federal and state courts, federal and state prosecutors, lawyers, law firms, politicians, public officials. The whole kit and caboodle. The “system” produced Blago, and voters elected him twice (which says something about the intelligence of Illinoisans and explains why the state is now bankrupt). But Blago won free and fair elections. The Republican candidates were even worse. Blago’s predecessor is currently in federal prison.

Republicans could not defeat Blago at the ballot box. Now Republican influence peddlers are trying to convict him in court. Jurors will not only “smell” a rat, they’ll see that the entire judicial process is rat-infested. And they will vote to acquit Blagojevich. Blagojevich may have been a terrible governor, but I do not believe that federal prosecutors have shown he was a crook. I could be wrong. But forty-five years of experience in that courthouse tells me Blago walks.

-------------------------------------
ABOUT ANDY: Andy Martin is the legendary New York and Chicago-based muckraker, author, Internet columnist, radio talk show host, broadcaster and media critic. He has over forty years of background in radio and television and is the dean of Illinois media and communications. He promotes his best-selling book, “Obama: The Man Behind The Mask” and his Internet movie "Obama: The Hawai'i years." Martin has been a leading corruption fighter in Illinois for over forty years. He is currently sponsoring www.AmericaisReadyforReform.com
Andy is the Executive Editor and publisher of the “Internet Powerhouse,” www.ContrarianCommentary.com. He comments on regional, national and world events with more than four decades of investigative and overseas experience. He holds a Juris Doctor degree from the University of Illinois College of Law and is a former adjunct professor of law at the City University of New York (LaGuardia CC, Bronx CC).

UPDATES: www.twitter.com/AndyMartinUSAwww.facebook.com/AndyMartin Andy's columns are also posted at ContrarianCommentary.blogspot.com; contrariancommentary.wordpress.com.
contrariancommentary.typepad.com[NOTE: We try to correct any typographical errors in this story on our blogs; find our latest edition there.]

MEDIA CONTACT: (866) 706-2639 or CELL (917) 664-9329E-MAIL: AndyMart20@aol.com © Copyright by Andy Martin 2010

Andy Martin exposes the Democratic Party's backstabbing behind the campaign to remove Roland Burris

"Burris did nothing illegal," says Martin. "'Politics' is not a crime. Roland Burris is the victim of a media-orchestrated hysteria. Harry Reid and Dick Durbin are merely launching round two to undermine Roland Burris, after losing round one. They want to vacate the seat so it can be turned over to their own stooge. All of these machinations are endorsed by that great entertainer, the Wizard of Hopia, Barack Obama."

Internet powerhouse Andy Martin says "Burrisgate" is a "crime" without a "crime"

Martin says the Burris Brouhaha is merely backstabbing Illinois Democratic Party politics at work

Dick Durbin and his Democrats are assassinating Burris to promote their preferred successor

ANDY MARTIN
Executive Editor
ContrarianCommentary.com

“Factually Correct, Not
Politically Correct”

FOR IMMEDIATE RELEASE:

ANDY MARTIN SAYS ROLAND BURRIS IS BEING CRUCIFIED BY DEMOCRATS TO OPEN THE WAY FOR HIS WHITE REPLACEMENT

"BURRISGATE" IS NOT A "CRIME" BECAUSE THERE IS NO EVIDENCE THAT BURRIS DID ANYTHING WRONG

"LET HER RIP, ROLAND" ANDY TELLS BURRIS

"BURRIS HYSTERIA" IS A "MANUFACTURED MUSICAL," SAYS ANDY

"WHO WILL RID ME OF THIS MEDDLESOME BURR-IS?" ASKED THE EMPEROR OBAMA

(CHICAGO)(February 22, 2009) In a few days I will be announcing my candidacy to oppose Roland Burris in 2010. So why am I defending him now? Because Senator Burris has been set up by corrupt Illinois Democrats who are using an imaginary scandal to remove him from office out of growing fear the voters will not remove him in 2010.

Dick Durbin, Harry Reid and the media morons in Chicago are staging a daylight coup against Democracy. And since Chicago's literally bankrupt media (e.g. the Chicago Tribune) are participants in the coup, there is no one to expose it. Except ContrarianCommentary.com

Burris is guilty of something, however: using inexperienced or incompetent lawyers.

First, the so-called perjury claims are a red herring. You can see how much confidence Democrats had in those allegations when they started mentioning the Sangamon County State's Attorney is a "Republican." What? Democrats want a Republican to do the dirty deed and behead Burris? Cowards. Of course, given how stupid some Illinois Republicans are, they may be stupid enough to lop off Burris' head. Still, I doubt it.

"Burrisgate" sent me back to the law books to check Illinois statutes and case law. The same criminal code I studied as a young law student at the University of Illinois is still there. My memory is not fading. "Materiality" is an essential element of any perjury claim. 720 ILCS 5/32-2. People v. Pawlaczyk, 189 Ill.2d 177, 724 N.E.2d 901, 911 (Ill. 2000).

So "materiality" is the issue. But how could anything Burris told the state legislature have been "material" when it is undisputed that he had nothing to do with Governor Blagojevich's "sale" of a U. S. Senate seat? Nothing that has surfaced in the past few days even remotely suggests Burris was engaged in "pay to play." Nothing.

And how could anything Burris said be "material" to a "crime" that has not yet been charged by federal prosecutors, who admitted they needed more time to define the criminal act? Sentence first, verdict afterward, anyone? Bottom line: Burris did nothing that even remotely qualifies as "material" in his impeachment testimony.

Was Burris less than full-throated about his contacts with the Blagojevich team? It appears so. But merely making inquiries about a political vacancy is not a crime, and it is not a conspiracy. The evidence appears to be undisputed: Burris never gave Blago any money and never raised any money during the period of the senate "sale."

So who's got the action? What's really going on?

Illinois Democrats are up to their usual dirty tricks. They don’t want to attack Burris directly, because that would trigger a racial backlash in a state and a state Democratic Party known for racially polarized politics. So Democrats and their liberal flacks in the media have invented a nonexistent, imaginary "crime" and are trying to convict Burris of that "crime" by forcing him to resign. The media in Chicago and Washington have whipped up a mass hysteria to cover the total lack of merit in their rush to judgment against Roland. Whoa.

And the morons who run the Republican Party, led by Daley Machine patsy "Andy McKenna," are so corrupt or incompetent they are playing along as useful idiots for the liberal media and the Democrats themselves. If McKenna really is a Republican, why is he always advocating a course of action that benefits Democrats? And endorsing candidates that turn out to be patsies for Democrats?

Why?

Ironically, while I do not believe Blagojevich was legally guilty of trying to "sell" an Illinois U. S. Senate seat, it is quite obvious that someone is trying to "buy" the same U.S. Senate seat, namely mobbed-up State Treasurer and Obama sycophant Alexi Giannoulias. What was Dick Durbin doing in Greece with Giannoulias? I don’t think the boys are gay. Rather, they were hatching a scheme to defenestrate Burris so Giannoulias can take his place.

And behind Durbin and Giannoulias is my favorite African-American entertainer, why that old buddy of mine, Ole Man Barry Obama himself. Obama wants Burris out, and he is working behind the scenes to remove him. Burris is getting Obama's "Becket" treatment.

So is Burris guilty of anything? Yes he is. Incompetent lawyering. Instead of hiring some badass lawyers who know the ways of crisis management, and more particularly the ways of Washington, Burris took his case to the people with a team of lawyers that probably gave him mistaken advice (if I am wrong, let them come out and say so). Burris could have made a "modified limited hangout" and slipped by the legislature. He was handled badly.

I am convinced Burris did nothing remotely wrong in announcing his availability for the seat. I did the same. Did the FBI read my mail?

So will the U. S. Senate remove Burris if Illinoisans won't? Don’t bet on it. The entire Burris farce is a manufactured musical. Blagojevich was the governor. State law gave him the right to appoint a senator. He did. End of debate.

The demands by Reid and Durbin that Burris "testify truthfully" before the state legislature as a precondition to being seated as a senator had no constitutional significance. Durbin's posturing was what lawyers call "mere surplusage." Burris testified because he realized his impeachment "testimony" involving Blagojevich was legally both "irrelevant" (as to his senate appointment) and "immaterial" (as to any issues arising from his lack of completeness on the issue of impeachment).

So, no the U. S. Senate is not going to vote to remove Roland Burris.

Which is why I am hours away from announcing my campaign to run against him as an independent, reform Republican. No, I am not a stooge of the Daley Machine. Andy McKenna hates me with a passion. McKenna's opposition is a compliment to, and confirmation of, my integrity and independence. The stooge that is being recruited to run against me by definition comes clothed with the McKenna family's corruption and conniving.

"Let her rip," Roland. "See you in 2010."

As for the mainstream media hypocrites that are crucifying Burris based on a nonexistent crime, well, if you want to know what I think of them, just ask.

-----------------------------------------------------------------------
Readers of Obama: The Man Behind The Mask, say the book is still the only gold standard and practical handbook on Barack Obama's unfitness for the presidency. Buy it.
Book orders: Amazon.com or http://OrangeStatePress.com. Immediate shipment from Amazon.com or signed copies (delayed for signing) from the publisher are available.
----------------------------------------
URGENT APPEAL: The Committee of One Million to Defeat Barack Obama is raising money to oppose President-elect Barack Obama.
http://CommitteeofOneMilliontoDefeatBarackObama.com.
Please give generously. Our ability to fight and defeat Barack Obama is directly dependent on the generosity of every American.
“The Committee of One Million to Defeat Barack Obama has no bundlers, no fat cats and no illegal contributions. Obama is opposed to everything America stands for," says Executive Director Andy Martin. "But while Obama has raised almost a billion dollars, his opponents have raised virtually nothing. Americans can either contribute now, or pay later. If we do not succeed, Obama will."
E-mail: contact@CommitteeofOneMilliontoDefeatBarackObama.com
----------------------------------------
Andy Martin is a legendary Chicago muckraker, author, Internet columnist, radio talk show host, broadcaster and media critic. He has over forty years of broadcasting experience in radio and television and is the dean of Illinois media and communications. He is currently based in New York promoting his best-selling book, Obama: The Man Behind The Mask. Andy is the Executive Editor and publisher of www.ContrarianCommentary.com. © Copyright by Andy Martin 2009.

Martin comments on regional, national and world events with over forty years of experience. He holds a Juris Doctor degree from the University of Illinois College of Law and is a former adjunct professor of law at the City University of New York.

His columns are also posted at ContrarianCommentary.blogspot.com; contrariancommentary.wordpress.com. Andy is the author of Obama: The Man Behind The Mask, see www.Amazon.com or www.OrangeStatePress.com.

MEDIA CONTACT: (866) 706-2639 or CELL (917) 664-9329
E-MAIL: AndyMart20@aol.com [NOTE: We frequently correct typographical errors and additions/subtractions on our blogs, where you can find the latest edition of this release.]

Corruption fighter Andy Martin says the State of Illinois should file for bankruptcy

One day after Rod Blagojevich was removed, it’s corruption-as-usual in Illinois: Andy Martin says Governor Pat Quinn’s “reform governorship” lasted 18 hours. Quinn has begun efforts to entrench himself by seeking to manipulate the election calendar. Bankruptcy is Illinois’ only solution says, Martin.


Internet Powerhouse Andy Martin says the State of Illinois should declare bankruptcy

ANDY MARTIN
Executive Editor
ContrarianCommentary.com

“Factually Correct, Not
Politically Correct”

FOR IMMEDIATE RELEASE:

ILLINOIS CORRUPTION FIGHTER ANDY MARTIN SAYS GOVERNOR PAT QUINN IS BACK TO SUPPORTING “SMALL BORE” ISSUES AND SEEKING TO BENEFIT HIMSELF POLITICALLY

MARTIN SAYS QUINN SHOULD CONVENE THE LEGISLATURE, SEEK APPROVAL FOR FEDERAL BANKRUPTCY, AND FILE A PETITION TO ADJUST ILLINOIS’ ASSETS AND LIABILITIES


(CHICAGO)(January 30, 2009) Back in the 1970’s and 80’s, Pat Quinn focused on "small bore” issues. His biggest “victory” was a disaster for the state. Quinn eliminated cumulative voting, a system that helped create statewide parties and had produced most of the distinguished members of the legislature. Ever since Quinn “won,” the people have been losing. Mediocrity reigns supreme in Springfield.

Quinn’s “reform governorship” lasted all of 18 hours. Today he proposed moving the primary election date to September, 2010 to “shorten” the election season, as though moving dates on a calendar can control political activity. Quinn was engaging in a blatant maneuver to benefit himself personally, and nothing more, by trying to manipulate the primary election date.

So what should Quinn do? He should bite the bullet and seek legislative approval to place the State of Illinois in federal bankruptcy court.

Illinoisans are living in a daydream. Politicians promise they can somehow some day make up the deficit in their public accounts, which runs to almost $100 billion with pensions figured it. Yah, sure. It can’t happen. The State of Illinois is the functional equivalent of an automobile manufacturer, without the wheels. The government has an unsustainable model. Illinois can never tax its way out from under the mountain of debt that was created over the decades by lax management and labor unions. The debt created by Daley machine corruption and greed will not disappear. The state’s unfunded liabilities are getting bigger, not smaller, every day.

Bankruptcy would allow the court to balance assets with liabilities and provide realistic pension benefits going forward. Bankruptcy would also be the best way to avoid state tax increases. Bankruptcy would demand that a full and complete accounting be prepared.

Public employees, of course, will howl. Outrageous looting of pension funds and “double dipping” predators such as Senator Carol Ronen would be abolished. http://illinoisreview.typepad.com/illinoisreview/2008/05/the-porcine-pen.html

If Quinn does file and achieve a successful result, the City of Chicago and Cook County will soon have to follow. They are also bankrupt, which is why Richie Daley is selling off roads, parking lots and airports to pay the light bills. How long are people going to labor under 10.25% sales tax before they move out?

Rod Blagojevich was removed so the Daley Machine could raise state taxes. How is Quinn going to fight tax increases when he knows the state is bankrupt and raising taxes will create a vortex of death for the state’s finances?

The new governor should call the politicians’ bluff, and march the state into bankruptcy court. All of the game playing and evasion and prevarication would end once the state’s finances were under the supervision of a federal judge.

Federal supervision can be successful. Federal courts have supervised state prison systems, school districts and the like. Why not an entire state that has promised more than it can afford to pay?

If Quinn has the “testicular virility” (where have I heard that before) to bite the bullet and file for bankruptcy, he will leave behind his past history of small bore issues and start acting like a leader.
--------------------------------------------
Readers of Obama: The Man Behind The Mask, say the book is still the only gold standard and practical handbook on Barack Obama's unfitness for the presidency. Buy it.
Book orders: www.Amazon.com or www.OrangeStatePress.com. Immediate shipment from Amazon.com or signed copies (delayed for signing) from the publisher are available.
---------------------------------------------
URGENT APPEAL: The Committee of One Million to Defeat Barack Obama is raising money to oppose President-elect Barack Obama.
http://CommitteeofOneMilliontoDefeatBarackObama.com.
Please give generously. Our ability to fight and defeat Barack Obama is directly dependent on the generosity of every American.
“The Committee of One Million to Defeat Barack Obama has no bundlers, fat cats or illegal contributions. Obama is opposed to everything America stands for," says Executive Director Andy Martin. "But while Obama has raised almost a billion dollars, and is continuing to raise money, his opponents have raised virtually nothing. Americans can either contribute now, or pay later. If we do not succeed, Obama will."
E-mail: contact@CommitteeofOneMilliontoDefeatBarackObama.com
---------------------------------------------
Andy Martin is a legendary Chicago muckraker, author, Internet columnist, radio talk show host, broadcaster and media critic. He has over forty years of broadcasting experience in radio and television. He is currently based in New York promoting his best-selling book, Obama: The Man Behind The Mask. Andy is the Executive Editor and publisher of www.ContrarianCommentary.com.

Martin comments on regional, national and world events with over forty years of experience. He holds a Juris Doctor degree from the University of Illinois College of Law and is a former adjunct professor of law at the City University of New York.

His columns are also posted at ContrarianCommentary.blogspot.com; contrariancommentary.wordpress.com.
MEDIA CONTACT: (866) 706-2639 or CELL (917) 664-9329
E-MAIL: AndyMart20@aol.com [NOTE: We frequently correct typographical errors and additions/subtractions on our blogs, where you can find the latest edition of this release.]
© Copyright by Andy Martin 2009.

Andy Martin says 2010 will be a challenging year for Illinois Republicans

Martin says the fall of Governor Rod Blagojevich challenges both parties. The hard work of reform really begins. Both Republicans and Democrats will feel the impact of the Blagojevich void. Andy extends congratulations to newly-installed Governor Pat Quinn.

Internet Powerhouse Andy Martin says Governor Pat Quinn will be a challenge for Illinois Republicans

ANDY MARTIN
Executive Editor
ContrarianCommentary.com

“Factually Correct, Not
Politically Correct”

FOR IMMEDIATE RELEASE:

ILLINOIS CORRUPTION FIGHTER ANDY MARTIN SAYS REPUBLICANS SHOULD NOT BECOME COMPLACENT NOW THAT ROD BLAGOJEVICH IS GONE

BEST WISHES, AS WELL, TO GOVERNOR PAT QUINN: HOW WILL HE DEAL WITH THE DALEY MACHINE?

(CHICAGO)(January 29, 2009) Republican senators disagreed with my views on how to deal with Governor Rod Blagojevich. I respect their decision. Blago’s history.

Best wishes as well to Governor Pat Quinn. Pat and I were both active in fighting Illinois corruption in the 1970’s. Quinn hasn’t been elected Governor yet, but he did make it to the Governor’s office. Congratulations. It’s a great accomplishment, even under sad circumstances for the state.

Now the hard work begins.

As long as Blagojevich was in control, Republicans had an easy road to 2010. With Quinn in power, the challenges have become greater and the race to replace Quinn more competitive.

Likewise for Quinn, the job suddenly gets more difficult. As long as Blago was taking the heat, Illinoisans could sit on the sidelines. With Blago gone, the Chicago Tribune has correctly editorialized that the job of reforming this state lands on everyone’s plate.

http://newsblogs.chicagotribune.com/vox_pop/2009/01/how-will-the-rest-of-us-vote.html

http://www.chicagotribune.com/news/opinion/chi-0130edit2jan30,0,4653002.story

I remember when Governor Dan Walker was elected in 1972. People said reform would sweep across the state. Walker was gone after one term. Walker was never able to dent the Daley Machine’s power in Chicago or Springfield. Today “Daley The Younger” exercises the same asphyxiating influence on Illinois politics. Who will lead the charge? Can any Democrat stand up to Daley? Certainly not Lisa Madigan.

In 1955, Chicago Alderman Paddy Bauler said “Chicago ain’t ready for reform.” Fifty years later, the Democrats still remain corrupt and entrenched.

What about the Republicans? It is my belief that as long as Andy McKenna is in control of the party machinery, Illinois Republicans are dead in the water. “Poor little rich boy” McKenna works for his father, who helps fund the Daley Machine.
If anyone sincerely believes Andy McKenna is capable of change, by all means send me an e-mail; I’d love to hear what you have to say. All I have seen from McKenna is corruption, sleaze and incompetence. McKenna likes to posture, but he can’t produce. He doesn’t know how.

Is the Republican Party ready to reform itself, and lead a reform movement in Illinois? I have serious doubts.

And so 2010 is shaping up as a really, really interesting year in Illinois politics. Both parties are going to go through upheavals. The Democrats will face a “lock” on the U. S. Senate seat, as African-Americans seek to demonize anyone who challenges Roland Burris. The Democratic gubernatorial primary will likely become a free-for-all.

Peoples’ memories being what they are, Blagojevich may be ancient history in a year. Maybe not. We’ll see. Talk is cheap; reform is costly.

As for the Republicans, the gubernatorial primary will also be a free-for-all. Likewise, the U.S. Senate primary (where I am likely to land in a few weeks) will be a pitched battle.

All of this political combat will play out on a national political scene where things could be getting worse, a lot worse, possibly even ugly. If the economy continues to slip, voters will become impatient with Mr. Obama. Very impatient, very fast. Foreign policy? It’s Scary.

No one can predict the future. Thirty years ago, Pat Quinn was a nuisance in the Democratic Party. Today he’s the governor.

Governor Blagojevich? Good by. Governor Quinn? Welcome aboard. Republicans? Roll up your sleeves and get to work. The future beckons.

ContrarianCommentary.com is here to break the stories the sleepy Chicago media ignore, to interpret the news with an independent point of view and, occasionally, to step into the arena and launch a personal challenge to the status quo in both parties. We landed on the front page of the New York Times because we tackle the big guys, fearlessly and ferociously.

I’ve been fighting corruption in Illinois for over forty years.

And I’ve just begun to fight.
--------------------------------------------
Readers of Obama: The Man Behind The Mask, say the book is still the only gold standard and practical handbook on Barack Obama's unfitness for the presidency. Buy it.
Book orders: www.Amazon.com or www.OrangeStatePress.com. Immediate shipment from Amazon.com or signed copies (delayed for signing) from the publisher are available.
---------------------------------------------
URGENT APPEAL: The Committee of One Million to Defeat Barack Obama is raising money to oppose President-elect Barack Obama.
http://CommitteeofOneMilliontoDefeatBarackObama.com.
Please give generously. Our ability to fight and defeat Barack Obama is directly dependent on the generosity of every American.
“The Committee of One Million to Defeat Barack Obama has no bundlers, fat cats or illegal contributions. Obama is opposed to everything America stands for," says Executive Director Andy Martin. "But while Obama has raised almost a billion dollars, and is continuing to raise money, his opponents have raised virtually nothing. Americans can either contribute now, or pay later. If we do not succeed, Obama will."
E-mail: contact@CommitteeofOneMilliontoDefeatBarackObama.com
---------------------------------------------
Andy Martin is a legendary Chicago muckraker, author, Internet columnist, radio talk show host, broadcaster and media critic. He has over forty years of broadcasting experience in radio and television. He is currently based in New York promoting his best-selling book, Obama: The Man Behind The Mask. Andy is the Executive Editor and publisher of www.ContrarianCommentary.com.

Martin comments on regional, national and world events with over forty years of experience. He holds a Juris Doctor degree from the University of Illinois College of Law and is a former adjunct professor of law at the City University of New York.

His columns are also posted at ContrarianCommentary.blogspot.com; contrariancommentary.wordpress.com.
MEDIA CONTACT: (866) 706-2639 or CELL (917) 664-9329
E-MAIL: AndyMart20@aol.com [NOTE: We frequently correct typographical errors and additions/subtractions on our blogs, where you can find the latest edition of this release.]
© Copyright by Andy Martin 2009.

Corruption fighter Andy Martin says Republicans should keep Illinois’ governor in office

Republican state senators should not vote to remove Illinois Governor Rod Blagojevich. Illinois corruption fighter Andy Martin says if Blagojevich is removed, the Daley Machine will raise taxes. “We have a conflict between two corrupt wings of the Democratic Party,” says Martin. “Blago is the lesser of two evils. If you love the 10.25 sales tax in Chicago, you’ll love usurper governor Pat Quinn.”


Internet Powerhouse Andy Martin says Illinois Republicans should not vote to remove Governor Rod Blagojevich

ANDY MARTIN
Executive Editor
ContrarianCommentary.com

“Factually Correct, Not
Politically Correct”

FOR IMMEDIATE RELEASE:

ILLINOIS CORRUPTION FIGHTER ANDY MARTIN SAYS REPUBLICANS SHOULD LET DEMOCRATS DEAL WITH BLAGOJEVICH

IS BLAGO FOLLOWING ANDY MARTIN’S PLAYBOOK, AGAIN?

IS ILLINOIS REPUBLICAN LEADER ANDY MCKENNA A DALEY MACHINE “DOLL?”

(CHICAGO)(January 29, 2009) I can’t say for sure, but Governor Rod Blagojevich must be a reader of ContrarianCommentary.Com. After we announced yesterday we were filing suit for permission to present a defense on his behalf, Blago decided to appear and present a defense. Earlier, we outlined a strategy for him to appoint a replacement U. S. senator. Blago soon started following out playbook. Whether Blago listens to us, or not, today we are preaching to Illinois Republican Senators: Don’t vote to remove Blagojevich.

Illinois Republicans’ own Sasha and Malia doll, Daley machine dupe Andy McKenna, has been trying to raise his own profile by demanding the removal of Blagojevich. Maybe McKenna wants people to forget how he and other Republican leaders promised State Treasurer Judy Topinka a pot of campaign cash to run against Blagojevich if Topinka won the 2006 primary. Topinka eaked out a victory, but McKenna's millions were directed to subsidizing the Daley machine, not his own party. Topinka lost.

There are a number of obvious reasons why McKenna strategy is going to damage the Republican Party if state senators cast the deciding vote to remove Blago.

First, Democrats can’t remove Blago without Republican votes. So a Republican is going to be the one that casts the decisive vote to remove the governor. Democrats created Blago-the-monster; let them live with their own Frankenstein creation for another two years.

Second, although Blago may be a fool, he is not a complete fool. He has sought to curb the insatiable appetite of the Daley Machine for higher taxes. Republicans should remember Cook County, where we now have a 10.25% sales tax. During Blago’s years, there have not been any statewide tax increases.

If Blago goes, statewide taxes are going to skyrocket. And fast. Taxes are going up with Blago gone for a couple of reasons: Daley wants money to bail out his failed kingdom in Chicago. He can’t squeeze any more out of local taxes, so he wants more state revenue. Blago stands in the way. That is the real reason Blago is being impeached.

Democrats will also raise taxes to discredit the usurper governor Pat Quinn. State House Speaker Michael Madigan wants Quinn out of the way, and Daley will no doubt have his own McKenna-backed stooge for governor. When Daley and Madigan line up, Quinn’s toast.

What better way for low-profile legislators to discredit the interim governor than to stick Quinn with a massive tax increase? No better way. So taxes are going up to feed the Daley-McKenna demand for more revenues, and also to remove Quinn as a credible candidate for reelection. Republican party Chairman Andy McKenna is toeing the Daley Machine party line all the way. That’s why I call McKenna a Daley “doll.”

Mr. Quinn may have his Bible at hand, ready to be sworn in today or tomorrow, but his victory will be Pyrrhic one; Democrats will use him to raise statewide taxes, and then discard him like a used hanky.

So why would Republicans follow a strategy that is going to raise taxes and hurt them at the polls in 2010?

If Blago is not removed, the state will still function within approximately the current revenue stream and expenditure pattern. Not great, but probably better than anything to come after his removal. Quinn is already scheming to rouge up the Democrats as the party of “reform.” The supine Chicago media will buy Quinn’s canard the same way they swallowed-up Blago’s nonsense six years ago.

The odor of hypocrisy in the Illinois General Assembly is asphyxiating. Blago is being impeached for behavior that was the topic of debate in the 2006 election. How can the voters’ judgment on these issues be undone by impeachment, when Daley-McKenna lost at the polls? How?

Again, Blago may be a fool, but he is not a complete fool. His claim that he is being retroactively impeached for matters that were endorsed-at-the-time by state senators is 100% correct. His claim that voters reelected him after being fully apprised of the very misconduct that is now being voted on as “impeachable offenses” is also true. Daley lost control of Blagojevich, giving Daley an incentive to undo the 2006 gubernatorial election. McKenna & Co. betrayed Topinka who was the sacrificial lamb for Blago’s reelection. Now they both want to impeach the governor because the voters agreed with Blago and not with the Daley or the McKennacrats. Talk about being two-faced.

The worst thing Republican senators can do is vote to remove Blago. They will seal their doom in the 2010 election, and every Illinoisan will pay the price in higher taxes.

Andy McKenna? Republicans have lost every election since he took over. McKenna’s father and Andy, Jr./III are spouting the Daley Machine line.

And now you know why Illinois is such a crooked state. Blago may be clinically insane, but he fits in perfectly with the insanely corrupt bipartisan political culture of the state. Once Blago was crazy like a fox. Today he is the fox.

Republican senators should let that Democratic fox roam in the forest until after the 2010 election.

I’m no supporter of Rod Blagojevich. But I am practical enough to see a contest between two competing spheres of corruption, Blago and the Daley Machine. I choose Blago as the lesser evil. Keeping Blago in office will keep Daley and the Democrats off balance and ensure a fairer 2010 gubernatorial election.

Higher taxes, anyone? 10.25% sales tax isn’t high enough? You ain’t seen nuttin’ yet if Blago goes.

Impeachment feels “real good” today. It won’t feel so good when Daley starts taxing Illinoisans to death. Can’t say you weren’t warned.
--------------------------------------------
Readers of Obama: The Man Behind The Mask, say the book is still the only gold standard and practical handbook on Barack Obama's unfitness for the presidency. Buy it.
Book orders: www.Amazon.com or www.OrangeStatePress.com. Immediate shipment from Amazon.com or signed copies (delayed for signing) from the publisher are available.
---------------------------------------------
URGENT APPEAL: The Committee of One Million to Defeat Barack Obama is raising money to oppose President-elect Barack Obama.
http://CommitteeofOneMilliontoDefeatBarackObama.com.
Please give generously. Our ability to fight and defeat Barack Obama is directly dependent on the generosity of every American.
“The Committee of One Million to Defeat Barack Obama has no bundlers, fat cats or illegal contributions. Obama is opposed to everything America stands for," says Executive Director Andy Martin. "But while Obama has raised almost a billion dollars, and is continuing to raise money, his opponents have raised virtually nothing. Americans can either contribute now, or pay later. If we do not succeed, Obama will."
E-mail: contact@CommitteeofOneMilliontoDefeatBarackObama.com
---------------------------------------------
Andy Martin is a legendary Chicago muckraker, author, Internet columnist, radio talk show host, broadcaster and media critic. He has over forty years of broadcasting experience in radio and television. He is currently based in New York promoting his best-selling book, Obama: The Man Behind The Mask. Andy is the Executive Editor and publisher of www.ContrarianCommentary.com.

Martin comments on regional, national and world events with over forty years of experience. He holds a Juris Doctor degree from the University of Illinois College of Law and is a former adjunct professor of law at the City University of New York.

His columns are also posted at ContrarianCommentary.blogspot.com; contrariancommentary.wordpress.com.
MEDIA CONTACT: (866) 706-2639 or CELL (917) 664-9329
E-MAIL: AndyMart20@aol.com [NOTE: We frequently correct typographical errors and additions/subtractions on our blogs, where you can find the latest edition of this release.]
© Copyright by Andy Martin 2009.

Internet Powerhouse/Law professor Andy Martin files federal civil rights lawsuit to block impeachment of Illinois Governor Rod Blagojevich


Law professor Andy Martin says U. S. Constitution applies to Illinois impeachment proceedings. Martin says Illinois legislators are conducting a corrupt, kangaroo court trial that is going to boomerang on the state. “America’s capital of corruption is running true to form,” Martin says. “Asking crooked Daley Machine politicians to cast an honest vote on impeachment is a travesty of justice.”


Internet Powerhouse Andy Martin files civil rights lawsuit to block Illinois impeachment proceedings
ANDY MARTIN
Executive Editor
ContrarianCommentary.com

“Factually Correct, Not
Politically Correct”

FOR IMMEDIATE RELEASE:

ILLINOIS CORRUPTION FIGHTER ANDY MARTIN SAYS THE IMPEACHMENT PROCEDURES BEING USED AGAINST GOVERNOR ROD BLAGOJEVICH ARE A FARCE AND A REPLICA OF 1930’S SOVIET “SHOW TRIALS”

LAW PROFESSOR ANDY MARTIN SAYS “ENOUGH” AS ILLINOIS OFFICIALS IGNORE THEIR OWN CORRUPTION AND ATTACK GOVERNOR ROD BLAGOJEVICH FOR HIS CORRUPTION, ADDING A NEW TIER OF DISHONESTY TO STATE GOVERNMENT, TAINTED IMPEACHMENT PROCEEDINGS

(CHICAGO)(January 28, 2009) Internet Powerhouse and Illinois corruption-fighter Andy Martin will file suit Thursday to block impeachment proceedings against Governor Rod Blagojevich.

“Throughout history, unpopular defendants have created a public mood for revenge. What is going on in Springfield today is a crude replica of the 1930’s Soviet show trials. Rod Blagojevich is a public official all of us would like to dismiss. His actions are unusual to say the least. But in a rush to destroy Blagojevich, corrupt Illinois politicians are also destroying the Office of Governor. The consequences of a tainted Blagojevich removal will shadow Illinois state government for decades.

“It is also true, and history reflects, that ‘bad people’ often have ‘good cases.’ Important legal principles have been forged in the crucible of events created by loathsome individuals. Blagojevich may justifiably be a bad person in the eyes of the public, and in the eyes of his adversaries in Illinois. But his opponents are destroying the Governor’s Office to get at Blagojevich. Illinoisans are entitled to impeachment proceedings that are more than a sham and show trial. Rod Blagojevich has a ‘good case’ when he says his rights are being violated.

“Finally, it often falls to unconventional defenders to stand up for what is right in constitutional adjudication. For over forty years I have been fighting Illinois corruption. I am not defending any of Blagojevich’s questionable actions. But I am fully prepared to challenge the process by which he is being accused and convicted.

“I am at stage in my life where truth matters more than power. For some reason, as a young law student I had the temerity to stand with people who sought to remove two corrupt Illinois Supreme Court justices. We won; and I paid the price for my integrity. The Supreme Court attacked me for helping expose the crooked judges. I am prepared to fight again for the interests of the People of Illinois against the onslaught of craven politicians who seek personal power at the peril of destroying our institutions. Defending the Illinois Constitution was a great honor in 1969; it is an equally unexpected honor in 2009.

“I believe the Chief Justice of the Supreme Court is also being compromised. The Constitution puts a judge in control of impeachment proceedings so that a justice should be there to act as a judge, not as a potted plant. Justice Fitzgerald has been supine in the face of contemptible abuses of power by Daley Machine hacks who seek to exploit a questionable arrest to hound a governor from office. I am asking that the Chief Justice stand up for the Constitution, and stand down from appearing to endorse proceedings that are a scandalous perversion of due process.

“I am available to be in Springfield Monday, February 2nd to begin the defense of the Office of Illinois Governor. If Governor Blagojevich benefits from my efforts to undo the mess he created, so be it. I propose to represent the Constitution, not a temporary holder of what we pray will be an enduing public trust. I believe it is an overriding constitutional imperative that the current impeachment proceedings not be decided by default.

“Even if Pat Quinn attempts to seize power, his usurpation of office and the legislature’s abuses would be subject to a writ of quo warranto. Illinois’ finances could be tied up for years with legitimate questions about the legality of the impeachment proceedings. Why not just do it right the first time?” Martin states. “Only proceedings conducted in accordance with due process will enjoy public support and ultimate endorsement of the judicial process.”

Martin’s lawsuit seeks to allow him to block Blagojevich’s removal from office, and names Chief Justice Thomas Fitzgerald, Illinois Senate President John Cullerton, and Lt. Governor Patrick Quinn as defendants.

The case is being filed in Sangamon County Circuit Court. Martin’s papers are being sent by overnight delivery to Springfield.

Martin was a Republican Party candidate for Governor in the 2006 primary election.

Martin’s lawsuit and exhibits will be available shortly on the Internet.
--------------------------------------------
Readers of Obama: The Man Behind The Mask, say the book is still the only gold standard and practical handbook on Barack Obama's unfitness for the presidency. Buy it.
Book orders: www.Amazon.com or www.OrangeStatePress.com. Immediate shipment from Amazon.com or signed copies (delayed for signing) from the publisher are available.
---------------------------------------------
URGENT APPEAL: The Committee of One Million to Defeat Barack Obama is raising money to oppose President-elect Barack Obama.
http://CommitteeofOneMilliontoDefeatBarackObama.com.
Please give generously. Our ability to fight and defeat Barack Obama is directly dependent on the generosity of every American.
“The Committee of One Million to Defeat Barack Obama has no bundlers, fat cats or illegal contributions. Obama is opposed to everything America stands for," says Executive Director Andy Martin. "But while Obama has raised almost a billion dollars, and is continuing to raise money, his opponents have raised virtually nothing. Americans can either contribute now, or pay later. If we do not succeed, Obama will."
E-mail: contact@CommitteeofOneMilliontoDefeatBarackObama.com
---------------------------------------------
Andy Martin is a legendary Chicago muckraker, author, Internet columnist, radio talk show host, broadcaster and media critic. He has over forty years of broadcasting experience in radio and television. He is currently based in New York promoting his best-selling book, Obama: The Man Behind The Mask. Andy is the Executive Editor and publisher of www.ContrarianCommentary.com.

Martin comments on regional, national and world events with over forty years of experience. He holds a Juris Doctor degree from the University of Illinois College of Law and is a former adjunct professor of law at the City University of New York.

His columns are also posted at ContrarianCommentary.blogspot.com; contrariancommentary.wordpress.com.
MEDIA CONTACT: (866) 706-2639 or CELL (917) 664-9329
E-MAIL: AndyMart20@aol.com [NOTE: We frequently correct typographical errors and additions/subtractions on our blogs, where you can find the latest edition of this release.]
© Copyright by Andy Martin 2009.

IN THE CIRCUIT COURT
FOR THE SEVENTH JUDICIAL CIRCUIT OF ILLINOIS
SPRINGFIELD, ILLINOIS


IN CHANCERY

CASE NO. ________________


ANDY MARTIN,

Plaintiff,

vs.

HON THOMAS FITZGERALD,
in his official capacity as
Presiding Judge of the
gubernatorial impeachment,
HON. JOHN J. CULLERTON, in
his official capacity as
President of the Senate,
HON. PATRICK QUINN,
Lieutenant Governor
of Illinois

Defendants.


COMPLAINT IN CHANCERY FOR DECLARATORY
AND INJUNCTIVE FEDERAL CIVIL RIGHTS RELIEF


1. Jurisdiction and venue
a. This court has federal civil rights jurisdiction of the controversy, 42 U. S.C. § 1983. State courts have a mandate to enforce federal constitutional rights, see Howlett v. Rose, 496 U.S. 356, 110 S. Ct. 2430 (1990), Van Meter v. Darien Park District, 207 Ill.2d 359, 799 N.E.2d 273, 289 (Ill. 2003). When acting pursuant to § 1983, state nisi prius courts are vested with the full enforcement powers of the United States Constitution, despite conflicting state law mandates, Howlett, supra.
b. Substantially all of the operative activity of the defendants concerning the facts of this lawsuit is centered in Sangamon County.
2. The parties
a. Plaintiff Andy Martin is a world-respected corruption-fighter, Internet publisher and columnist, see e.g. www.ContrarianCommentary.wordpress.com. www.ContrarianCommentary.blogspot.com, ContrarianCommentary.com.
b. Forty years ago, as a young law student at the University of Illinois, Plaintiff participated in helping expose the Klingbiel-Solfisburg bank stock scandal on the Illinois Supreme Court. Since then, Plaintiff has been a corruption fighter who specializes in judicial and political abuses, see www.AndyMartin.com.
c. Since December 2008, Plaintiff has viewed with increasing concern the lynch mob atmosphere created around the Office of Governor of Illinois.
d. The Hon. Thomas Fitzgerald is sued solely in his official capacity in his constitutional role as presiding judge at the impeachment trial of Governor Rod Blagojevich (“Blagojevich”).
e. Senator John J. Cullerton is sued solely in his official capacity as President of the Illinois S enate for any role he has at the impeachment trial of Governor Rod Blagojevich.
f. The Hon. Patrick Quinn is the Lieutenant Governor of Illinois; he would succeed to the Office of Governor if the currently unlawful impeachment proceedings were to reach fruition.
3. Factual allegations
a. Plaintiff believes that the impeachment proceedings involving Blagojevich reflect blatant corruption and conflicts of interest on the part of Governor Blagojevich’s own accusers. The orchestrator of the articles of impeachment, Illinois House Speaker Michael Madigan, is openly known as someone with a direct conflict of interest because of his efforts to advance the career of his daughter, Attorney General Lisa Madigan.
b. Even in the nebulous area of impeachment, the
Governor is entitled to have the charges against him procured through a process that is free of the taint of conflict of interest and corruption, and which reflects action by public officials who are acting impartially. The pending impeachment articles, orchestrated by a political opponent and promoter of alternative public officials, do not meet that threshold standard.
c. Although Governor Blagojevich was arrested in December on the basis of a vacuous claim that he tried to “sell” a U.S. Senate seat, federal prosecutors have candidly admitted in court that they lack sufficient evidence at this time to procure a grand jury indictment on that claim.
A. The term “sale” itself is misleading and
deceptive. There is little evidence that Blagojevich, in filling a U. S. Senate vacancy, did anything more than engage in the traditional forms of “logrolling” and mutual back-scratching that are ingrained in every state and the national capital.
B. The fact that federal prosecutors have been
unable to obtain an indictment for the alleged “sale” over one month after Blagojevich’s arrest attests to the opacity of the incidents in question. Blagojevich’s regrettable use of profanity and vulgarity do not transform political manipulation into criminal activity.
d. The members of the State House, and respondent State Senate (Cullerton) have rigged the impeachment trial so as to prevent the Governor from proffering a meaningful defense to the charges contained in the arrest allegations. Blagojevich has been forced into a “sentence first, verdict afterward” box. Although he has not yet been formally charged by federal indictment, the legislature has taken as true the claims contained in his arrest warrant and prevented him from defending against those accusations because such a “defense” might “prejudice” a future indictment. This is a classic example of putting the cart before the horse.
e. While legislators supervise the impeachment process, Illinois residents also have an independent right to due process, to ensure that the appearance of fairness and impartiality is maintained in the removal of any elected official. It is clear that Blagojevich would not have been impeached but for the federal “arrest.” Yet under current impeachment “Rules,” where the arrest accusations are being taken as true, he is unable to defend against the very charges contained in the arrest warrant that triggered his impeachment. That is a mockery of due process, or as a more modern critic might describe the Governor’s dilemma, a “Catch-22.”.
f. Likewise, as Senator Rickey Hendon has stated, Blagojevich is being impeached for matters in which state senators themselves participated and urged him to proceed, http://www.suntimes.com/news/brown/1398761,CST-NWS-brown27.article.
g. How can the same state senators who urged him to act in the past now be impartial in judging the Governor, by sitting in judgment on what have retroactively been recharacterized as “impeachable acts?” Merely to pose the question is to demonstrate how completely hypocritical the current proceedings are.
h. Plaintiff contacted Chief Justice Fitzgerald and stated that if Blagojevich would not tender a defense, a defense should be tendered on behalf of the Office of Governor. The corrupt and politically motivated removal of a twice-elected state official would undermine the Office of Governor itself. The Governor has a right not to appear, but he does not have a right to forfeit a defense on behalf of the Office itself.
i. Plaintiff does not claim to represent Blagojevich personally; rather, Plaintiff seeks to defend the Illinois Constitution and the Office of Governor by raising defenses in the impeachment proceedings that are obvious and potentially dispositive of the current charade. These defenses should not be forfeited merely because the Governor has chosen not to participate in his own defense.
j. As Plaintiff stated to Chief Justice Fitzgerald, there is a growing body of law concerning “defaults" by defendants, and the necessity to present defenses even in the absence of the wishes of the defendant, see e.g. attached Exhibit A, Davis v. Grant, 532 F.3rd 132 (2d Cir. 2008).
k. Plaintiff tendered a Motion for Leave to Appear, addressed to the presiding officer of the impeachment trial, Exhibit B, as well as a proposed draft order, Exhibit C.
l. Plaintiff was and remains willing, ready and able to tender a defense at the impeachment trial on behalf of the Office of Governor.
m. On January 26th, respondent Fitzgerald inquired in open court (the impeachment trial) whether there was anyone present to defend the Governor, and then concealed the fact that a motion seeking such relief had been submitted to him by Plaintiff and was pending. The legerdemain that there was no defense for the Governor was a misrepresentation to both the Senate (Cullerton) and the Citizens of Illinois. The presiding judge should have disclosed that efforts were being made to tender a defense, and that the justice himself was concealing and frustrating those efforts by refusing to rule on them, so as to prevent judicial review of any denial thereof.
o. The complete denial of due process reached a crescendo on January 27th with the playing of “tapes” that were edited by prosecutors.
A. Allowing one side to a controversy to “edit”
what the other side and the public will hear of the conflicting evidence is a travesty of due process and an assault on both the federal and state constitutions.
B. Not even the looser rules of impeachment allow
doctored and self-serving evidence to be used to convict a public official by preventing that official from tendering a full and complete response to edited tapes. One of the most ancient evidentiary doctrines is that a decision-maker should receive into evidence full and complete, and original, copies of evidence, not evidence which has been self-servingly redacted by an interested party.
C. Blagojevich’s rights are being violated twice,
both by prejudicing the impeachment court and by prejudicing any future criminal proceeding.
4. Legal claim
a. Although the members of the General Assembly have sought to portray the area of impeachment as uncharted legal territory, the United States Constitution undoubtedly applies and bars precipitous removal of state officials through impeachment procedures that violate federal constitutional due process.
b. The procedures being orchestrated by the defendants and members of the General Assembly are little more than a sham, intended to (i) benefit some politicians and injure others, and (ii) weaken the office of Governor of Illinois, all while falsely claiming to be acting in the "public" interest.
c. Illinois citizens have a right to a process which not only appears to be fair, but which is fair, In re Murchison, 349 U.S. 133, 75 S. Ct. 623 (1955). Wheat v. U.S., 486 U.S. 153, 108 S. Ct. 1692 (1988).
d. If Blagojevich will not stand up to defend the Office of Governor, Plaintiff as a "private attorney general” is entitled to do so to defend the office of Governor and the Illinois Constitution from the predatory behavior of members of the General Assembly, Kinkel v. Cingular Wireless, 223 Ill.2d 1, 857 N.E.2d 250, 276 (Ill. 2006). The current impeachment fiasco involves questions and issues far more critical than the future of a single eccentric incumbent public official.
e. Any assumption of the Office of Governor by defendant Quinn, if accomplished through the currently contemplated procedures which violate the United States Constitution, would be null and void as a violation of due process, cf. Dynes v. Hoover, 61 U.S. 65 (1858).
5. Demand for judgment
a. Plaintiff seeks a declaratory judgment directing the defendants to rule on Plaintiff’s pending Motion for Leave.
b. Plaintiff seeks any and all equitable relief to which he may be entitled, including a declaratory judgment that he is entitled to appear and tender a defense on behalf of the Office of Governor in the current impeachment proceedings.
c. Plaintiff seeks a declaratory ruling that Justice Fitzgerald's statement in open court that no one was willing to appear and defend the Office of Governor was objectively false in light of Plaintiff’s pending motion.
d. Plaintiff seeks a declaratory judgment and injunctive relief barring defendant Quinn from assuming the Office of Governor unless and until all federal constitutional challenges to the underlying impeachment proceedings have been finally adjudicated. A preliminary injunction may be sought to protect the status quo.

DATED: January 27, 2009

Respectfully submitted,

ANDY MARTIN
NATIONAL LITIGATION CENTER
P. O. Box 1851
New York, NY 10150-1851
Toll-free tel. (866) 706-2639
Toll-free fax (866) 707-2639
E-mail: AndyMart20@aol.com (text only)

ADDITIONAL COURTESY COPY REQUESTED TO:
ANDY MARTIN
REGIONAL LITIGATION SUPPORT
30 E. Huron Street, Suite 4406
Chicago, IL 60611-4723

SERVICE OF NOTICES IS RESPECTFULLY
REQUESTED BY FAX OR E-MAIL

Additional e-mail address available
upon request

The impeachment trial of Illinois Governor Rod Blagojevich is sham, says Internet powerhouse and former law professor Andy Martin

Andy Martin says that Governor Blagojevich’s opponents are just as corrupt and unethical as he is. Martin says the Soviet-style “show trial” in Springfield, Illinois is likely to backfire on its orchestrators, the same way that the impeachment efforts against President Bill Clinton discredited its proponents.


Internet Powerhouse Andy Martin says Illinois Governor Rod Blagojevich is being lynched by unethical politicians and prosecutors
ANDY MARTIN
Executive Editor
ContrarianCommentary.com

“Factually Correct, Not
Politically Correct”

FOR IMMEDIATE RELEASE:

ILLINOIS CORRUPTION FIGHTER ANDY MARTIN SAYS THE IMPEACHMENT PROCEDURES BEING USED AGAINST GOVERNOR ROD BLAGOJEVICH ARE A JOKE

FEDERAL PROSECUTORS HAVE BECOME AS CORRUPT AS THE GOVERNOR, AND MAY INADVERTENTLY HELP BLAGO ESCAPE CRIMINAL LIABILITY

SPEAKING AS A LAW PROFESSOR, MARTIN SAYS “FOR ONCE, BLAGOJEVICH IS TELLING THE TRUTH; LIKE THE CASE OF THE BOY THAT CRIED WOLF, THE MEDIA HAVE STOPPED LISTENING.”

(CHICAGO)(January 26, 2009) I am not an admirer of Governor Rod Blagojevich (“Blago”). I am certainly not a supporter. But Blago is telling the truth when he says he is being lynched by corrupt legislators and prosecutors.

The media doesn’t want to hear about Blagojevich’s lynching, because they dislike the man. Prosecutors always love pursuing unpopular defendants because it makes their job easier. But for anyone concerned by the lack of ethical government in Illinois, I can assure you ethical violations are no more acceptable when they are committed by federal prosecutors than they are when committed by sleazy minions of the Daley Machine.

Here’s why Blago’s complaints have merit and why the legislature’s procedures are wrong:

First, if you assume that Blago will someday be lawfully and legitimately accused of some unspecified federal crime, even though there has been no indictment to date, how can prosecutors be allowed—with a judge's-permission—to pick and choose damaging snippets from hundreds of hours of tapes to smear their potential adversary and prospective criminal defendant? It violates every principle of due process.

The legislature fell into a trap set by the U. S. Attorney’s office when it agreed to rig the federal evidence against Blago. No prosecutor should try to limit and manipulate evidence so as to prevent the vigorous defense of an impeachment accusation. But that’s what legislators admit they are allowing federal officials to do. It's grossly wrong.

Second, if Blago did commit a “crime,” which I continue to doubt in so far as the “sale of the senate seat is concerned,” the prosecutors may have damaged their case if and when they get around to filing one. “If and when,” because despite all of the sound and fury convicting Blago in the media, he has not yet even been accused in the criminal justice process. Sentence first? Verdict afterward? That’s Illinois justice?

I suggested to federal Chief Judge Holderman that his authorization to release edited tapes could backfire on the federal government. I am now virtually certain that the manipulated tapes may ultimately allow Blago to escape justice, not face justice. Imagine for a moment that you are a potential defendant in a federal criminal case. Before you are even formally accused of any crime, federal prosecutors start leaking “evidence” to state officials to smear you. You are prevented from defending yourself against this self-serving “evidence” by the very people who are planning to prosecute you. That’s justice? That’s a circus.

Because the U. S. Attorney’s office was the source of prejudicial pretrial publicity could mandate the dismissal of any future indictment against Blago.

The usually reasonable Carol Marin calls Blago’s protests “poppycock." She’s completely wrong.
http://www.suntimes.com/news/metro/blagojevich/1395210,CST-EDT-carol25.article

The way federal officials have proceeded against Blago is poppycock. They arrested him and created a media circus at a time when by their own admission they lacked sufficient evidence to file criminal charges. Now they want to destroy him politically before they even seek an indictment. Abuse of federal power? Mr. Fitzgerald, you are violating the U. S. Constitution; the halo conferred on you by the media will be irreparably tarnished in due course. What your office is doing is wrong, wrong, wrong.

If prosecutors have solid evidence on Blago, by all means charge him with a crime, hold a trial, let him present a defense and remove him from office if he is convicted of criminal activity. What would have happened if former Governor Ryan had been v“convicted” in the media and convicted by the legislature before he was even charged with a crime? People would have been saying he was being railroaded.

Blago is being railroaded, and no one cares because of his antics. The impeachment charges against Blago are strictly small bore. Without the federal arrest he would not have been impeached (to avoid confusion I will explain the difference between an “arrest” and indictment: an arrest can be made on the basis of suspicion of a crime; an indictment is a formal criminal accusation). So much for the “case” against a man who was twice elected.

Constitutional scholars, however, must deal in due process of law. Due process often slows down a “process,” and mandates that proceedings unfold in proper sequence. Patrick Fitzgerald created a firestorm of anti-Blago publicity in December and engineered the pretext for Blago’s removal from office before Fitzgerald himself even had a basis to file any charges. That is disgraceful behavior.

As odious as I find Blagojevich (and I have sued him several times for abuse of his gubernatorial power), I find his enemies have now become even more odious. Blago has never pretended to be acting in anything but his own self-interest. His opponents, legislators and prosecutors, claim to be acting in the public interest. In reality they are violating the public interest. Their behavior is just as craven and self-interested as Blago’s. For shame. Last month Attorney General Lisa Madigan jumped on the anti-Blago publicity bandwagon. She was slapped down by the Illinois Supreme Court and has not been heard from since.

Carol Marin, the Chicago Sun-Times and Chicago Tribune are defending a lynching because the defendant/victim is unpopular and obnoxious. Media mendacity makes a joke of our constitutional protections. The Constitution is not there to protect “good” people; it is there to protect “bad” people who may be intensely unpopular.

Historically, a “lynching” was a situation where someone suspected but not convicted of a crime became the victim of self-help justice by local vigilantes. That is what is happening to Blago. Here we have the father of a prospective future governor, Speaker Madigan, orchestrating the removal of the incumbent from office to create a clear path for his daughter, General Madigan. The appearance of justice and impartiality? Are Madigans any less corrupt that Blagos? Come on.

Having first “defended” Blago’s protestations, I can also say he has proffered a miserable and incompetent response to the legislature. He used criminal lawyers to defend against what is a political attack. Not surprisingly, the criminal lawyers were ineffective in the impeachment theater.

The circus/farce in the Illinois Senate is going to boomerang on its very perpetrators. The Office of Governor is going to be diminished by the lynching party (candidates are you listening?). The Illinois Senate has rules that allow “evidence” to be received as “truthful,” but for which no direct challenge may be directed at the same evidence. That is justice? Conviction first? Evidence never? The senate’s procedures are a joke.

Some people have defended the anti-Blago lynching by claiming the process is similar to that employed by Republicans against President Bill Clinton. Putting aside that the Clinton impeachment backfired, and boomeranged on its most egregious supporters, Democrats then were saying the process was rigged and crooked. How did what was wrong then become right now? Hypocrisy anyone?

In a letter to Chief Justice (not federal prosecutor) Fitzgerald I have suggested that he is also endangering his own constitutional role by participating in a mockery of justice. The “special prosecutor” of the impeachment case, and the state senators, cannot be allowed to control the introduction of evidence or to prejudice the governor’s right to vigorously challenge all of the evidence against him. The current “rules” are a joke.

Why does the Illinois Constitution specifically appoint the chief justice of the Illinois Supreme Court to preside? The reason is obvious: to interpose judicial control between the defendant official and the proponents of removal. Chief Justice Fitzgerald will be doing grave damage to his own role if he allows the corrupt rules passed by the legislative to control his powers and duties as presiding officer at the impeachment trial. He has allowed the process to act backwards.

Judges deicide what the rules are going not be, not litigants. Justice Fitzgerald should have rejected the legislature’s rules and limitations, on the basis that it is the justice’s role in this process to make the rules, not the litigants.

Allowing legislators to limit the evidence they will “hear” to prosecute and impeach, and limiting the defense, renders the Illinois Constitution and the Chief Justice’s role nothing but a smokescreen for a sickening political spectacle. Is that what the Constitution’s drafters intended? I doubt it. Justice Fitzgerald has failed to perform properly.

In Shakespeare’s plays fools often have the best lines because they speak unpleasant truths people really don’t want to hear. Blago is a thoroughly obnoxious public official; I can understand why most people consider him a fool. But even the most reviled, the worst among us is entitled to the full protection of the United States and Illinois Constitutions. Blago is being denied elementary due process. He is the victim of a lynching. He is telling the truth, for once. And that’s no poppycock.
--------------------------------------------
Readers of Obama: The Man Behind The Mask, say the book is still the only gold standard and practical handbook on Barack Obama's unfitness for the presidency. Buy it.
Book orders: www.Amazon.com or www.OrangeStatePress.com. Immediate shipment from Amazon.com or signed copies (delayed for signing) from the publisher are available.
---------------------------------------------
URGENT APPEAL: The Committee of One Million to Defeat Barack Obama is raising money to oppose President-elect Barack Obama.
http://CommitteeofOneMilliontoDefeatBarackObama.com.
Please give generously. Our ability to fight and defeat Barack Obama is directly dependent on the generosity of every American.
“The Committee of One Million to Defeat Barack Obama has no bundlers, fat cats or illegal contributions. Obama is opposed to everything America stands for," says Executive Director Andy Martin. "But while Obama has raised almost a billion dollars, and is continuing to raise money, his opponents have raised virtually nothing. Americans can either contribute now, or pay later. If we do not succeed, Obama will."
E-mail: contact@CommitteeofOneMilliontoDefeatBarackObama.com
---------------------------------------------
Andy Martin is a legendary Chicago muckraker, author, Internet columnist, radio talk show host, broadcaster and media critic. He has over forty years of broadcasting experience in radio and television. He is currently based in New York promoting his best-selling book, Obama: The Man Behind The Mask. Andy is the Executive Editor and publisher of www.ContrarianCommentary.com.

Martin comments on regional, national and world events with over forty years of experience. He holds a Juris Doctor degree from the University of Illinois College of Law and is a former adjunct professor of law at the City University of New York.

His columns are also posted at ContrarianCommentary.blogspot.com; contrariancommentary.wordpress.com.
MEDIA CONTACT: (866) 706-2639 or CELL (917) 664-9329
E-MAIL: AndyMart20@aol.com [NOTE: We frequently correct typographical errors and additions/subtractions on our blogs, where you can find the latest edition of this release.]
© Copyright by Andy Martin 2009.

Andy Martin asks Chicago federal judge to release full and unedited Blagojevich phone tapes



Andy Martin says proposed partial edited release of Blagojevich FBI tapes raises serious constitutional problems. Martin says that partial and selective release of FBI tapes could prejudice a prosecution of Blagojevich and raise doubts about the impartiality of the judicial process. Martin asks Chief Judge James Holderman to release all Blago FBI tapes since November 4, 2008. Martin also raises the issue of U. S. Senator Harry Reid’s “racist” phone call to Blagojevich.


CONTRARIANCOMMENTARY.COM
New York-London-Washington-Chicago-San Francisco-Palm Beach

Chicago mail:
Suite 4406, 30 E. Huron St.
Chicago, IL 60611-4723
Tel. (866) 706-2639
Fax (866) 707-2639
Web: ContrarianCommentary.com
E-mail: andymart20@aol.com




Andy Martin, J. D.
Professor of Law (Adj.)
Executive Editor




January 5, 2008


Hon Patrick Fitzgerald
United States Attorney
219 S. Dearborn Street
Chicago, IL 60604
via fax (312) 353-2067


Re: U. S. v. Blagojevich, 08 CR 1010



Dear U. S. Attorney Fitzgerald:

As a young law student at the University of Illinois over forty years ago I began to fight political and governmental corruption in Illinois and Chicago government. It has not been a pleasant task. Over the ensuing decades we have had some spectacular results and received retaliation in kind. Therefore, as a threshold issue I applaud the efforts of your office and the dedicated AUSA’s who are pursuing political corruption.

As a second threshold issue, I have no relationship with Governor Blagojevich. I am speaking solely for myself.

I am a likely candidate for the senate, if a vacancy is declared and a special election is ordered, and possibly in the 2010 general primary and general election. On the other hand, I believe General Burris’ appointment was completely legal and constitutional, and that he should be seated as an interim senator until 2010. I do not see my role as involving a conflict of interest with your own proceedings.

One of the unpleasant aspects of independent investigation is that as a private corruption fighter I am sometimes called on to speak truth to power. I was one of the first, and perhaps the only, person to question whether the governor’s lurid conversations involving the replacement of Senator Obama’s seat amounted to a federal crime. As the crisis has unfolded, my initial analysis of the roles of the various players has been confirmed. I appeared before the Illinois Supreme Court and may have successfully helped to defeat the efforts of the Illinois Attorney General.

The so-called impeachment proceedings have deteriorated into a pre-determined lynch mob. To characterize the impeachment proceedings as your Motion To Disclose does as an impartial “investigative” operation is elevating form over substance.

The impeachment proceeding is nothing more than politics as usual in Illinois. There is jockeying for public office, and there are efforts to advance political agendas. House Speaker Madigan is openly seeking to advance the political fortunes of his daughter, Attorney General Madigan. And so it goes.

I believe, therefore, that releasing redacted documents to the impeachment committee alone would unnecessarily embroil your office in politics. For obvious reasons your office wants to remain far above even the remotest appearance of tipping the political scales for or against a potential defendant.

In addition, as my motion to broaden the scope of your disclosures indicates, I believe that more needs to be disclosed to place all of the governor’s actions in context. I am particularly interested in writing about the dispute between the Governor and the U. S. Senate majority leader as to whether racial discrimination was suggested by Senator Harry Reid in a recorded phone call on December 3rd.

Because of the brazen nature of the impeachment committee’s actions, and the lack of any of any bona fide law enforcement or investigative purpose, I would ask that you support my motion to make all tapes involving the Governor since November 4, 2008 public records. I believe the Court has the inherent power to do so.

I am available to discuss my views with any member of your staff and to work together to achieve any reasonable accommodation. Please be advised that I am seeking public access on a First Amendment basis so that I may review and write about the ongoing Blagojevich/Obama controversy.

I will be attempting to obtain a fax number for Chief Judge Holderman so I may fax this letter and motions to him before the 2:00 P.M. hearing today.



Respectfully submitted,




ANDY MARTIN


AM:sp

W/encl.

cc: Hon. James Holderman via fax (312)
Edward Genson, Esq. via fax (312) 939-3654
David Ellis, Esq. via fax (17) 557-7599



UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION


No. 08 CR 1010
Chief Judge Holderman

UNITED STATES OF AMERICA,

v.

ROD R. BLAGOJEVICH, et al.

NOTICE OF MOTION [ON WRITTEN SUBMISSION]


PLEASE TAKE NOTICE that on Monday, January 5, 2009, at 2:00 P.M., I will appear (in writing) before Chief Judge James Holderman in Courtroom 2541 at the United stats Courthouse, 219 S. Dearborn Street, Chicago, Illinois, and present the accompanying motions on written submission, copies of which are attached and hereby served on you.


Respectfully submitted,

ANDY MARTIN
NATIONAL LITIGATION CENTER
P. O. Box 1851
New York, NY 10150-1851
Toll-free tel. (866) 706-2639
Toll-free fax (866) 707-2639
E-mail: AndyMart20@aol.com (text only)

ADDITIONAL COURTESY COPY REQUESTED TO:

ANDY MARTIN
REGIONAL LITIGATION SUPPORT
30 E. Huron Street, Suite 4406
Chicago, IL 60611-4723

SERVICE OF NOTICES IS RESPECTFULLY
REQUESTED BY FAX OR E-MAIL

Additional e-mail address
available upon request


CERTIFICATE OF SERVICE

I certify I have served this document as follows:

United States Attorney by fax to (312) 353-2067
Edward Genson, Esq. by fax to (312) 939-3654
David Ellis, Esq. by fax to (217) 557-7599


ANDY MARTIN




UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION



No. 08 CR 1010

Chief Judge Holderman


UNITED STATES OF AMERICA

v.

ROD R. BLAGOJEVICH, et al.




MOTION TO DISCLOSE COMPLETE AND UNREDACTED
TELEPHONE RECORDS [ON WRITTEN SUBMISSION]


1. Relief sought. Movant undersigned Andy Martin moves the Court to broaden the disclosure of recorded telephonic records as currently sought by the United States in a “Motion to Disclose” dated December 29, 2008 to include all recorded telephone conversations (and transcripts thereof) of Governor Rod Blagojevich since November 4, 2008, and, in particular a conversation with U. S. Senator Harry Reid on or about December 3, 2008.
2. The Court’s power. In addition to any statutory authority conferred on the court to disclose official records, the Court has an inherent power and constitutional duty to order disclosure where the interests of justice so require. This power and duty exist a fortiori where complete or expanded disclosure is necessary to make a full and complete disclosure, to fully inform the public, and to avoid a potential fraud on the public arising through the release of selective records which might present an incomplete and self-serving picture of the information being released by the judiciary. All of the foregoing factors are applicable to the United States’ current motion.
3. The Movant’s standing and status. For more than forty (40) years movant undersigned has been Illinois’ leading private corruption fighter, exposing official and political corruption in local and state and federal governmental operations. Movant has become the subject of some notoriety because of his incessant “good government” efforts, particularly those directed at corruption and abuse in the courts. Movant is currently publisher of an Internet newspaper, ContrarianCommentary.com, which researches and publishes local, state, federal and worldwide news. The Blagojevich/Obama/Reid/Burris controversy is a major worldwide story. And, in keeping with movant’s reputation, he has been attacked by mainstream media, and by the subjects of his investigative analysis and commentary, for exposing the embarrassing truths about issues as widespread as mismanagement of U.S. policy in Iraq to the religion and family/friendship associations of Senator Barack Obama, see ContrarianCommentary.com; contrariancommentary.wordpress.com, ContrarianCommentary.blogspot.com.
4. The United States’ current motion.
a. The pending motion. The United States has asked his Court for permission to disclose information to a committee of the Illinois House of Representatives. It is movant’s view that the “special committee” is a preordained and politically controlled de facto lynch mob, and that the special committee is in no way meets the statutory criteria as an impartial, independent and bona fide investigative agency. However, rather than quibble over whether the special committee is bona fide, movant believes that expanded disclosure might cure any defects in the United States’ pending motion. The special committee is in fact a political being with a political agenda; it exits. Therefore, this Court should tread carefully in opening the door to edited disclosures to such a politically-charged organization. The Illinois Supreme Court recently rejected an effort by a family member of the convener of the special committee to involve the Illinois Supreme Court in the ongoing political controversy, see attached Exhibit 1. Movant appeared in that proceeding. [The presiding officer of the Illinois House and the Illinois Attorney General are father and daughter.]
b. The potential for unavoidable prejudice. If this Court were to grant the United States’ motion, highly edited and highly selective information would become the subject of sensational front-page headlines in local and statewide, as well as national newspapers and other media, see Sheppard v. Maxwell, 384 U.S. 333, 86 S.Ct. 1507 (1966). Any potential jury pool could and would be irretrievably tainted. The bogus petition filed by the Attorney General before the Illinois Supreme Court received national notoriety despite the facial lack of any arguable merit to the legal claims contained in the General’s filing and its summary denial by the Illinois Supreme Court (Exhibit 1). An even bigger media “circus” would attend disclosure of the taps and transcripts currently sought for release in the pending motion by the U. S. Therefore, if there is to be any release by this Court, that release must be tempered by balance, fairness and, most of all, completeness. In movant’s opinion, public disclosure of complete records alleviates the taint of selective disclosure.
c. The core of the controversy. The United states’ motion makes reference to investigations of long standing. Movant has no quarrel with those old claims. They have not generated the notoriety in the current dispute. Rather the sensationalism has been triggered by the alleged “sale” of a U. S. Senate seat. That controversy is continuing and passing to the national stage, with efforts to defeat what movant believes is the lawful appointment of Roland Burris to the vacant seat.
d. Movant’s solution is complete disclosure. Movant asks the Court to direct the disclosure of unredacted tapes involving any and all conversations involving Governor Blagojevich’s voice since November 4, 2008. With full release, any taint would come from the content of the tapes themselves, and not from redaction and manipulation of the tape library. For example, Governor Blagojevich accused the U. S. Senate Majority leader of what amounted to a racially discriminatory telephone call, see Exhibit 2. The majority leader has responded by calling Blagojevich a liar, Exhibits 3-4. What is the truth of what took place on December 3rd? Only the tapes will tell.
e. Selective release invites judicial error. It is apodictic that edited or redacted release of select tapes and conversations will of necessity result in release of highly prejudicial snippets without the full context and detail of the ongoing conversations. A “report” by Senator Obama's staff stated that there had been limited contact by Representative Rahm Emanuel and the Governor’s office; others claimed over a dozen contacts. Once again, if the Court directs release of the full tapes and transcripts of all of the tapes with the Governor’s voice on them since November 4th, there can be no controversy over manipulation of selected, self-serving portions of the tapes. The Court stays above the fray by directing full and complete release. The pending motion by the United States’ is an invitation to controversy involving judicial action, prosecutorial action and political manipulation of the federal criminal process. There is no reason for this Court to willingly fall into such a trap.
5. The interests of justice. The interest of justice, the judicial system and the public interest clearly mandate full and complete release of any tapes since November 4, 2008 which have the Governor’s voice on them. Only full and complete release can satisfy the appearance of fairness and justice cf. Berger v. U. S.,295 U.S. 78, 88, 55 S. Ct. 629 (1935).
Respectfully submitted,

ANDY MARTIN
NATIONAL LITIGATION CENTER
P. O. Box 1851
New York, NY 10150-1851
Toll-free tel. (866) 706-2639
Toll-free fax (866) 707-2639
E-mail: AndyMart20@aol.com (text only)

ADDITIONAL COURTESY COPY REQUESTED TO:

ANDY MARTIN
REGIONAL LITIGATION SUPPORT
30 E. Huron Street, Suite 4406
Chicago, IL 60611-4723

SERVICE OF NOTICES IS RESPECTFULLY
REQUESTED BY FAX OR E-MAIL

Additional e-mail address
Available upon request


CERTIFICATE OF SERVICE

I certify I have served this document as follows:

United States Attorney by fax to (312) 353-2067
Edward Genson, Esq. by fax to (312) 939-3654
David Ellis, Esq. by fax to (217) 557-7599


ANDY MARTIN