By

Andrew Cohen /

CBS/ February 11, 2009, 1:54 PM

Annals Of Corruption: Lightning "Rod"

Attorney Andrew Cohen analyzes legal issues for CBS News and CBSNews.com.
Good news sleeps until noon. Bad news came to Illinois Governor Rod R. Blagojevich at 6 a.m. Tuesday, on a cold, dark, pre-dawn December morning. Hello, Governor, there are federal law enforcement agents outside of your home. You are under arrest. Please come quietly. Don't make a scene.

How'd you like to start your day that way? Can only get better from there, right? Wrong. By mid-morning Illinois Republicans were demanding that Blagojevich resign from his post and Democrats were fearful that the faltering executive still had the constitutional power to appoint a successor to take over Barack Obama's U.S. Senate seat. One over-zealous journalist even asked me what the law would say if Blagojevich had appointed himself to the Senate while he was in the police car on his way to court. Thankfully, the governor didn't.

The indictment of a sitting governor always is big news. What is striking about the bribery and corruption indictment of Gov. Blagojevich is how detailed are the charges against him and how incriminating are the wiretapped conversations that allegedly took place between the elected official and his bag men. Presumption of innocence aside, it will be very difficult for Blagojevich and his attorneys to explain away to jurors the direct quotes attributed to him in the complaint. They are so foul that they read like passages from some cosmic book of cynicism. No wonder Blagojevich faces up to 30 years in prison.

Here is the sitting governor, on the telephone, proclaiming that "he will make a decision on the Senate seat 'in good faith but it is not coming for free… it's got to be good stuff for the people of Illinois and good for me.'" Here is the sitting governor asking his aides to bone up on cabinet positions and private foundations (the Red Cross was mentioned) so that they would have ammunition to use during the negotiations (read: bribes) over the vacant seat. Here is the sitting governor saying: "I've got this thing and it's f---ing golden, and, uh, uh, I'm just not giving it up for f---in' nothing. I'm not gonna do it."

This is Citizen Kane stuff. This is Robert Penn Warren's masterwork: "All The King's Men." It's the dark side of Spencer Tracy in "The Last Hurrah." Every clich? and preconceived notion that people have about politics in general, and Illinois politics in particular, is supported by the 76-page complaint filed in federal district court by U.S. Attorney Patrick J. Fitzgerald, the country's modern-era Eliot Ness. And all this in a state whose last governor, George Ryan, was himself convicted and sentenced to prison on corruption charges. One Chicago Tribune journalist remarked Tuesday that Blagojevich makes Ryan look like a minor leaguer. Nice.

In light of all this, how would you like to be the current governor's attorneys sometime next year trying to seat an impartial jury anywhere in the Land of Lincoln? Heck, even Lincoln himself in his younger days as a lawyer wouldn't be expected to dig Blagojevich out of this hole. Ask the now-disgraced (and defeated) senator from Alaska, Ted Stevens, how easy it was for his attorneys to explain away his incriminating statements, recorded on tape, that were played before his jury a few months ago in Washington. Short of a legitimate confession, or actual videotape of a crime, audiotapes are perhaps the most powerful evidence prosecutors can offer in these sorts of cases. And the feds here apparently have a ton of tape.

Trying to get editorial page writers fired by pressuring publishers? Check. Trying to sell a Senate seat vacated by the incoming President of the United States? Check. Stoically engaging in bribery while you already are under investigation for same? Check. Publicly daring people to tape your conversations one day before you are arrested based upon taped conversations? Check. Somewhere, Gary Hart is smiling. He's now off the hook for his "Monkey Business." It's amazing that people this stupid - there is no presumption of innocence over that - can so consistently reach such high places in politics.

With the legal bomb hereby exploded, expect politics to take over the story for a few days. The governor will make bail, his attorneys will say all the right things about not judging the case too quickly, and pre-trial motions and hearings will soon dominate. In the meantime, however, there will be a ton of more momentous political movement. Will the state legislature try to take away Blagojevich's right to appoint the Obama successor? Will the state courts intercede? Will we see an impeachment proceeding there? And how will the machinations in Illinois impact the Senate itself and the Democrats who now control it?

The answers to those questions will come soon enough. For now, we are left again with Fitzgerald, once more at the center of tantalizing case at the intersection of law and politics and greed and corruption. Over and over again during his press conference - the closest we'll come to a "perp walk" for this white-collar defendant - Fitzgerald talked about the need for regular people to stand up to the sort of corruption alleged here. If the Blagojevich case ever makes it to trial, those "regular people" will certainly get their chance. I don't like the governor's odds. Can you tell?

By Andrew Cohen
Copyright 2009 CBS. All rights reserved.
53 Comments Add a Comment
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sanfelz says:
I wonder if Pres. Obama will retain Fitzgerald as US Attorney.
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walt1944-2009 says:
It has been learned that:

The Illinois Secretary of State is going to change the motto on Illinois license plates from "Land of Lincoln" to "I Cheat ''Em and How!"! Governor Blogo''s picture has been removed from all Secretary of State offices!

The ghost of William Jennings Bryant, which allegedly haunts the grounds of the Museum of Science and Industry has recently been seen urinating in the lagoon behind the building!

Christine Hefner has announced she is "retiring" as CEO of Playboy to allow time to run for governor of Illinois. Her father Hugh is looking forward to turning the governor''s mansion in Springfield into a new Playboy mansion!

Governor Blogo has decided to correspond with his fellow accomplices using cassette tapes. The tapes will self-destruct after having been run!

Governor Blogo''s name has been added to the huge pile of names awaiting the presidential "blessing" of a pardon for all past, current, and future crimes from the Great Emperor Bush II before he leaves office. The Great Emperor commends Blogo''s actions as being those of a "true neocon Fascist Nazi Republican"!

SIG HEIL, I ALWAYS KNEW HE WAS A REPUBLICAN AT HEART!!!, BUSH!!!



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apatrick42 says:
First things first, it''s funny how since obama has won everything that goes wrong people want to blame him, well before he even decided to run for the corrupted country drama was always here, for all you white people that seem to have a problem with him, well dorks, his mother is white so he is 50/50 so get over it, and when you guys want to talk about crooks, well so far since I''ve been on this earth, the crooks have been in suits and are mainly white men, so do your homework before you want to slander this educated black man for doing his job. Oh yeah and by the way when you have a problem with blacks talk to God he created us, so we''re not your problem maybe God is, but once again you will get over it. The cat that just got busted in chicago did it to himself, no one to blame so it''s called what goes around comes around, that goes for everyone,every race and every nation so get your souls rights or you to will face the wrath of God!!!!!!
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mydiatribe says:
sepa2 == FYI The FBI doesn''t come knocking on your door at 5:00 am just for talking tough.
MORONIC INDIFFERENCE means that you choose not to know. OR? Your own moral compass is broken.
OY VEY!
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sepa2 says:
He was only talking and seemed to be unable to handle the power he was bestowed with. Can you prosecute for that.Imagine any president (eg. Bush) or any other politician was wire tapped,you will come up with similar zelous conversations
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mydiatribe says:
Up and until this story broke, I NEVER understood why Barack Obama ran his campaign as such a STEALTH CANDIDATE.
How many of his KNOWN ASSOCIATES do I overlook before until it will require a moronic indifference on my part?
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opedanderson says:
IamHungry68 = you might have me pegged as some right wing nut job, im not......

i was screaming from the rooftops about the bush connection to the bin ladens for years and was also treated with arrogance from those who found my questioning "unreasonable".

the truth is associations do count. that is why they are sought in the first place. you dont think obama couldnt have found another church (wright), another real estate deal (rezko), another community activist (ayers), another candidate for governor to endorse (which he did in 2006) he sought out those associations to gain something and when they blew up in his face he denied knowing anything about them. 4 major denials. do you really believe that? i would suspect my old children if they tried that with me.....

i understand why he is doing it, but it is not the "change" that he spouted all during the campaign. denial is the oldest trick in the political book. remember "i did not have @#$ with that woman"?? my point is that he is supposed to be smart. and yet he seems so stupid when it comes to the people he deals with......or calculating either way, it doesnt bode well for his presidency and thats too bad for us all

i think this is only the beginning....like i said a fuse has been lit
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niceface19 says:
Obama and Blagojevich will split the money 50%/50%, it it''s sold.
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niceface19 says:
This is typical US government.
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opedanderson says:
Lets recap

Rev. Wright = he never heard a hateful sermon in 20 yrs of attending the church

Rezko = he didnt know about any links to corruption even though he bought the single most valuable item, his new home, in his life at the time from this guy

Bill Ayers = he didnt know what kinds of acts he was involved in 40 years ago when he used this terrorists connections to help start his political career.

Blago = he didnt have any contact with the Gov. about replacing his own seat in the Senate. Even though his own campaign manager Axelrod said that he had (now saying he misspoke) And, of course, Obama had no idea that Blago was a corrupt politician even though rumours to such have been flying in Chicago for years.....

For a really smart guy, Obama is really careless about who he deals with...What else is there? We elected a guy we know nothing about really......Is this just the beginning? What will happen if the Pro-Obama Tank People (otherwise known as "journalists") start looking carefully at this guy?

I think the fuse of the Obama Bomb has just been lit.......
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