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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Racketeering Count 1Conspiracy to commit racketeering Count 2Wire fraud Counts 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13Attempted Extortion Counts 14, 15, 19, and 22Conspiracy to commit extortion Counts 17 and 21Bribery Counts 16 and 20Conspiracy to commit bribery Counts 18 and 23Making false statements to the government Count The government need not prove that all the acts described in Count 1 were committed, but you must unanimously agree as to which two or more racketeering acts defendant Rod Blagojevich committed or caused to be committed in order to find defendant Rod Blagojevich guilty of Count 1.
This case is a lot more nuanced, particularly as to the enterprise.
Patti Blagojevich revises history in op-ed as husband Rod seeks Trump commutation
Mind clearing this up? Basically, they have to prove that the way Blago and his closest political advisors ran things was thoroughly infected with criminality. I got them at Trader Joe’s. Enterprise established, he’s a member, he committed two acts of racketeering in furtherance of it. But a prosecutor can legally offer something of far greater value–his freedom–to a witness who says the opposite.
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The Government says all public officials owe a fiduciary duty to the public, and in this case:. Wire Fraud charged in Counts 3 through 13,and in Count 1, Racketeering acts 3[c];, 4[c];, 6 d6 e6 f6 g6 h6 i6 j6 kand 6 l First, that the defendant knowingly devised or participated in a scheme to defraud the public of its right to the honest services of Rod Blagojevich, John Harris, or Alonzo Monk by demanding, soliciting, seeking, or asking for a bribe, or by agreeing to accept a bribe, in the manner described in the particular Count or Racketeering Act you are considering; Second, that the defendant did so knowingly and with the intent to defraud; and Third, that for the purpose of carrying out the scheme or attempting to do so, the defendant used or caused the use of interstate wire communications to take place in the manner charged in the particular Count or Racketeering Act you are considering.
I hope if they don’t understand it, they acquit on those charges. But everyone knows campaign contributions are about buying access and favorable decisions. No wonder we are 1 Prison Nation.
Blagojevich Jury Asks For Clarification Of Key Instruction « CBS Chicago
As I recall it, the prosecution succeeded, but I have some doubt ujry applicable that precedent would be to this case. How does that differ? As the Judge and attorneys put the final touches on jury instructions this weekend, I thought a summary of the charges against former Illinois Governor Rod Blagojevich and his brother Robert might be helpful for reference during closing arguments and jury deliberations.
Is I guess what you would consider the opposite of jury nullification – that is, the jury, so sick of politicians in general and possibly Blago specifically may look at the evidence and think, “Well, maybe there’s a reasonable doubt, but he’s shady enough to send nistructions to prison.
The Government says it must prove: They’re exceedingly complex and each case, it would seem, is almost sui generis. A prosecutor can credibly threaten a middle-aged man that he will die in a cell unless he gives evidence against his boss.
The main distinctions between Blago and the instductions pol are that Blago was up-front about it and the other pols are more subtle. 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.
Rod Blagojevich: Charges and Jury Instructions – TalkLeft: The Politics Of Crime
First, that the defendant agreed to accept any property or personal advantage; and Second, that the defendant did instructioms knowing that the property or personal advantage was tendered or promised with intent to cause him to influence the performance of any act related to his employment or function as a public officer. How the Feds Target the Innocent”.
I am surprised that we are not all in jail. In considering whether the government has proven a scheme to defraud, it is essential that one or more of the acts charged in the portions of the indictment describing the scheme be proved, establishing the existence of the inetructions beyond a reasonable doubt. The problem with the continuity element can be synopsized by recalling the Senate seat was a one-time thing.
The full jury instruction regarding the 10 wire fraud charges reads: I spent a lot of time reviewing the manual and recent case law about six months ago, I’m hoping I won’t have blgaojevich use it. I’m out of time, instructios I still have extortion, false statements and aiding and abetting to cover.
Zagel also advised prosecutors and defense attorneys to stay near the courthouse and encouraged them to visit a library so that, if jurors ask for jry clarification, attorneys on both sides will be ready to provide it. That’s similar blaggojevich 5. They deadlocked on 23 other charges. This is not nearly so clear-cut: The penalties for aiding and abetting are the same as the penalties for the crime one aided and abetted. The Government also acknowledges the scheme to defraud must include “a material misrepresentation, false statement, false pretense, or concealment of fact.
Did I say I have orchids? Did he illegally take bets?