Although Blagojevich is an unsympathetic petitioner, the court should hear his case. The disputed jury instructions pose risks to honest. Rod Blagojevich was convicted of 18 crimes after two jury trials. . But a problem in the way the instructions told the jury to consider the evidence requires us to. All of what follows comes from the Government’s page proposed jury instructions to the Court, filed July 21 (Rod Blagojevich didn’t file.

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As I recall it, the prosecution succeeded, but I have some doubt how applicable that precedent would be to this case. They probably reason, Is there a mafia? The other crimes are simpler to understand. Jurors have asked the judge to clarify one of the four things that the prosecution must prove in order for the jury to convict him of wire fraud.

The defense is unlikely to agree with these definitions, but according to Blago’s attorney yesterday, the Judge accepted all but one of the Government’s instructions so far:.

As to the interstate commerce element, the Government defines it as: For example, an arson ring can be a RICO enterprise, as can a small business or government agency.

Patti Blagojevich revises history in op-ed as husband Rod seeks Trump commutation – Chicago Tribune

Basically, they have to prove that the way Blago and his closest political advisors ran instructikns was thoroughly infected with criminality. Moreover, the predicate acts must be related and amount to, or pose a threat of, continued criminal activity. The Government says all public officials owe a fiduciary duty to the public, and in this case: I must have hit “insert” rather than “delete” and typed over a sentence or two. But I don’t recall there having been enough to prove a quid pro blagohevich.

The RICO charges are the most complex.

In this case, the “scheme to defraud” is a scheme Blago devised or participated in to ” defraud the public of its right to the honest services of Rod Blagojevich, John Harris, or Alonzo Monk. And if hlagojevich turns out he’s in on this, so much the better. I have no doubt that if Fitz could have proven a quid pro quo – as I recall was the core of the Tennessee case – he would have. I remember a RICO case I read 15 or 20 years ago where the prosecution alleged the Tennessee Governor’s office was the racketeering enterprise, as they were alleged to be selling pardons.


Blqgojevich hope the jury doesn’t give up trying to figure them out and put them to the side, ujry to go by their gut feeling of “Did he do it” or “He didn’t testify and explain why he wasn’t guilty.

Breakfast, Brunch and Dim Sum: First, that case predated a whole series of decisions fleshing out the various elements, not the least of them the continuity and blagijevich elements, and limiting the scope of the statute in some important ways. They might not have said “let’s get Obama”, but they surely had the thought “wouldn’t it be nice, come the midterms, to have this albatross to hang around Obama’s neck. Not saying this would happen – but the political climate is such this year that people really hate blgojevich and may look for any excuse to let one hang.

I’ve defended a few RICO cases, all drug-related. If they don’t understand the charge and each element, instuctions can’t apply the law as instructed and the Government can’t meet it’s burden of proof of every element of the crime beyond a reasonable doubt.

Assuming the jury finds agrees there was a “Blagojevich Enterprise”, in order to find Blago guilty of racketeering, the Government says the jury must also find: How many times has that happened. Defendant Rod Blagojevich is also charged in separate counts with violations of the federal wire fraud statutes Counts 3 through 13blagljevich with violations of the federal extortion statute Counts 14, 15, 17, 19, 21 and What about financial gain or loss?

Patti Blagojevich revises history in op-ed as husband Rod seeks Trump commutation

I am probably doomed. A pattern of racketeering activity is a continuing pattern of?? Acts are related to each other if they are not isolated events, that is, if they have similar purposes, or results, or participants, or victims, or are committed a similar way, or have other similar distinguishing characteristics. The main distinctions between Blago and the run-of-the-mill pol are that Blago was up-front about it and the other pols are more subtle.


Kind of a back-door way to make an unmakeable case. The potential for wrongful convictions is obvious.

Blagojevich Jury Asks For Clarification Of Key Instruction

This case is a lot more nuanced, particularly as to the enterprise. What’s a “scheme to defraud”?

I got them at Trader Joe’s. Charges and Jury Blatojevich. I wouldn’t call it reverse jury nullification because jury nullification is a based on a juror’s belief the charged conduct should not be a crime, but the effect is the same: But everyone knows campaign contributions are about buying access and favorable decisions. So, what is being alleged to be a crime is, in reality, the way politics is done – soliciting and encouraging people to make campaign insttructions and twisting arms to pull that off.

From the Government manual: As I see it, the first two big problems for the government’s case are 1 a the enterprise and b the continuity elements and 2 the conspiracy to commit racketeering. In August Blagojevich was found guilty on one charge of giving a false statement to federal agents. Why is it even in these closing arguments except to give Blago grounds for an appeal if he is convicted.

The aiding and abetting is going to very important for Robert Blagojevich. Under the RICO statute, “racketeering activity” includes state offenses involving murder, robbery, extortion, and several other serious offenses, punishable by imprisonment for more than one year, and more than one hundred serious federal offenses including extortion, interstate theft, narcotics violations, mail fraud, securities fraud, currency reporting violations, certain immigration offenses, and terrorism related offenses.

I don’t see it as a case where a conviction is a slam-dunk. I hope if they don’t understand it, they acquit on those charges. Count 1 consists of multiple acts involving bribery, wire fraud, and extortion.

I spent a lot of time reviewing the manual and recent case law about six months ago, I’m hoping I won’t have to use it.