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August 19, 2010

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Jim Miller

Well, Dr. Lumpkin won an award for being an "African American History Maker", which suggests to me that he has better natural tan than I do. Or at least that the people who gave the award think so.

Thomas Collins

There may be less here than meets the eye. Chiakulas, whose professional career history no doubt gave her a solid education in the workings of machine politics, may have figured that Blago did nothing out of the ordinary. As far as who goes into the jury pool, I think it is quite reasonable that folks who understand how machine politics works get into the jury pool. If not, how could a Blago type pol get a jury of his or her peers?

Antonio Tigre

BFD, I can link her to Kevin Bacon.

If disqualifying a juror based on their political leanings is a valid reason, then no one would be sitting in the jury box.

Ranger

Well, if she was tying to do people favors, she produced pretty much the worst case situation for everyone involved (if you are rooting for the Dems that is).

1) Blago still got convited on one count. He's looking at up to 5 years even if there is no retrial.

2) Fitz looks like a dope for throwing 24 charges up, and only getting 1 to stick. So much for the 'crime spree in progress' grand standing.

3) Illinois Dems are totally hosed. The convition was enough to give Republican cantidate for governer a hammer, but not enough 'justice' to satisfy people who will take their un-abated anger to the polls with them now.

Extraneus

TM, if you're reading, he signs his posts "Ace". Same with AllahPundit, no need for "the" in front.

Danube of Thought

Minus 18 at Raz today.

Captain Hate

Ext, in TM's defense I think Ace made a recent visit here and he signed his comment "The Ace" iirc.

BobDenver

Racists like me would assume any bias she had would favor Obama, and putting Blago away would presumably benefit the Obama administration, so . . . I got nothin'.

Captain Hate

Tony the Tiger, have you ever been part of a federal jury pool? I have and they kick you for the most nebulous reasons even on a non-high exposure case.

Extraneus

Really? I didn't see that.

MarkO

She was not the "lone" holdout, Tonto. Some of the decisions broke on wider margins. They read her the juror oath. What a group.

Ranger

Totally off topic, but...

http://www.nationalreview.com/campaign-spot/244181/when-blame-bush-fails-what-do-democrats-do>When ‘Blame Bush’ Fails, What Do Democrats Do?

A prominent Democratic pollster is circulating a survey that shows George W. Bush is 6 points more popular than President Obama in “Frontline” districts — seats held by Democrats that the Democratic Congressional Campaign Committee sees as most vulnerable to Republican takeover. That Bush is more popular than Obama in Democratic-held seats is cause for outright fear.

Neo

What. Was. She. Doing. In. The. Jury. Pool.

When you walk in cr@p, you will get some on yourself.

Cecil Turner

I'd still like to know what the Dem/GOP breakdown was for the Libby jury, and the Stevens one, for that matter. Based only on registration stats, you'd expect 11/1 or so . . . but it'd be interesting to see if the challenges affected the ratio materially (in both that case and this one).

Captain Hate

Posted by: The Ace | August 16, 2010 at 09:36 PM

On the "Great Moments in Stupid" thread

NK

I agree with Ranger's analysis of the result. I would add, this will enflame the general disgust voters have with the political class. That's a real boost to Tea Party efforts and conservatives. It will help Repubs if they walk the walk on the small government philosophy.

Clarice

The editors of the wSJ say Fitz is so unprofessional and out of control he should resign or be fired. The editors of the waPo say Fitz threw his best shot at Blago and lost and should NOT retry him --that it crosses over from prosecution to persecution if he does so.

I say, Blago is a genius--or his lawyers are. He matched Fitz' ever present jury pool prejudicing tactics with his own wall to wall pre jury selection tv appearances in which he sold himself to them as an amiable dunce.

It was one juror on that ONE count. On all the others it was more. Some said--he may have wanted to sell the seat but there was no evidence he did or even carried thru on his rantings about it/

The jury is sarter than you think.
This time, intemperate pre jury selection over the top prosecution statements followed by a gazillion often amorphous charges didn't work as well for Fitz as it used to. Everyone's on to him but the all Dem , partisan juries in D.C.

Extraneus

I did see that, now that you mention it, just assumed it was a different guy. I can't find the comment now. (Was that really the thread?)

DebinNC

I wonder what the racial mix of the jury was? I can see an older black professional woman reacting very negatively to the opinionated Asian male foreperson, who publicly said he wanted to convict both Blagos on every count. I bet she didn't take kindly to whomever asked for the juror oath to be sent in, especially if that person/s wasn't black. She's probably been steeped in the same "whites supremacy" stuff the Obamas absorbed for 20+ yrs., and that juror oath gambit was Exhibit A. She may have channeled Evan Bayh on his Obamacare vote, and said NO because she couldn't stand to "see the look of satisfaction on the faces" on those "superior acting" non-black jurors if she voted YES.

Ranger

Deb,

Also, it was a mixed City/Suburbs jury. That is a dynamic few outside of the "Chicagoland area" may appriciate.

narciso

He was what they painted Ken Starr as being, they have a whole lot of fun house mirrors in D.C, don't they, While he went after right leaning targets, (Black, Libby) the press
obscured his Valjean level tactics, but when
he went after Blago, who is part of the Chicago machine, when the real targets were
much higher up the food change, he was 'quagmired'

He'

He stopped a crime spree alright. And Rahm left the country for awhile.
===========

Why isn't he part of the Admininstration?  Oh, I get it.

That was supposed to be signed by 'He's crooked and crazy'.
===================

Clarice

Jennifer Rubin joins the get rid of Javert chorus.


http://www.commentarymagazine.com/blogs/index.php/rubin/343976>Vindicated! I was afraid my epitaph would read,"One batshit crazy old broad"

cathyf

The basic problem is that Fitzgerald got into a position where he had to either 1) stop the investigation and make the arrest before Blago had actually done anything unambiguously illegal; or 2) end up with the president of the United States on tape committing a felony.

Remember -- he got Blago impeached and removed from office, and got a conviction on one count. All without having to indict a sitting president. And, if the president is not a complete idiot, he knows that he owes Fitzgerald Big Time.

In Chicago, the phrase, "hey, I owe ya one," is fraught with deep and well-understood meaning.

Captain Hate

I can't find the comment now. (Was that really the thread?)

D'oh; I got my "stupid" threads mixed up. Try "Ground Zero For Stupidity".

anduril

Sadly, this is probably pretty good advice these days, at least if you're asked for an interview re a criminal investigation: How to Avoid Going to Jail under 18 U.S.C. Section 1001 for Lying to Government Agents

DebinNC

Anduril, that was very helpful. This bit was news to me:

It is crucial to note that affirmatively declining to discuss the investigation in the absence of counsel is not the same thing as remaining completely silent . If you are not in custody, your total silence, especially in the face of an accusation, can very possibly be used against you as an adoptive admission under the Federal Rules of Evidence.

So, the right to remain silent without it being used against you only kicks in once you're arrested? Interesting.

Ranger

Just to keep everyone up to date, the current concensus seems to be that it was Jackson Jr. that Fitz was trying to protect by pulling the trigger early. There are very strong indications that a deal was on the verge of coming together. Can you imagine the reaction if, less than a month after electing Obama, the US had been faced with Jackson Jr. being indicted for buying Obama's Senate seat? Talk about poping the baloons at before the party had even started.

Jim Miller

Clarice - I'd be interested in your general thoughts on Fitzgerald as a prosecutor. I have the impression that he thinks of all defendants as being like the gangsters he prosecuted early in his career; they are guilty of something, so how he gets a conviction doesn't matter.

And I'd also be interested in your evaluation of his skills. Does this (partial) loss show that he isn't very good at his job?

Clarice

Yes, Ranger I think that's right it was JJ Jr who had the most to lose--he sat in at meetings where his supporters discussed what they would offer for that seat and did nothing about stopping them.


Jim, the day before a friend sent me a copy of an op ed he'd written on the trial in nticipation of a verdict in which he praised fitz. I wrote back stating almost word for word what the wsj editors said--he regularly poisons the well of a potential jury pool by making claims about the defendant that exceed even the charges in the compliant; he overcharges by many counts in the understanding that the jury will compromise and convict on at least one and he has regularly taken advantage of the three loosie goosiest fed statutes--conspiracy, obstruction and honest services to convict those he doesn't like.

So far, he's gotten away with it because he courts the press and shares their prejudices. I think at long last the bloom is off Javert. Even if he were a better man it is courting danger to allow such overbroad statutes on the books, to exercise so little oversight over prosecutors, to live in a time and place where these prosecutions have the possibility of ending in so much fae and fortune and political pluses for the prosecutors.

yes, he and the whole SDNY crowd got away with this for years--beginning with Giuliani who at least exercised better judgment and discretion most of the time--because most of the defendants were repulsive crime figures. I remember Giuliani rode to fame arresting Wall Street figures and putting them in handcuffs in the middle of the afternoon where they had to do the perp walk in front of thousands of onlookers. Pheh.. With no likelihood of flight, any rational prosecutor would have allowed defendants like this to come in on their own with no cameras around.

Show Biz Crime Busting. Double Pheh.

Captain Hate

I guess it's a good thing Jesse Jr wasn't indicted. The spot shortages of popcorn and beer could be very harmful to my ability to enjoy life to its fullest; although the indictment may have satisfied that on its own. Too bad we apparently won't know.

hit and run

I believe "The Ace" is not "the" Ace of AoSHQ.

"The Ace" has posted here intermittently over a long period of time -- and iirc,has at least at one point been asked if he was,and said that he wasn't.

John Bibb

***
A jury pool should reflect the makeup of the city they live in. I think it did--most people in Chicago keep electing and re-electing these types of crooked politicians. Why would they think anything is wrong when they do what is expected of them?
***
Rocketman
***

Jane

I don't think he is "the Ace" either. I posted on the same BB with him before he began AOS and he always used just "Ace" as a name.

Danube of Thought

So, the right to remain silent without it being used against you only kicks in once you're arrested?

Correct. And that's why, if in doubt, you should ask "am I free to go?" If the answer is no, then you are deemed to be under arrest and you must be read your Miranda rights. But if the answer is "yes," then say you'll have your lawyer get in touch with them.

Topsecretk9

Hey, and don't forget the time when Fitz arrested and indicted the VICTIM of the crime he was investigating...http://justoneminute.typepad.com/main/2006/03/anyone_can_make.html

Topsecretk9

I put that link in the LUN

Clarice

That's right TS..Man, as my memory slips, I ought to move you into a guest rom here. XOXOXO

In at least one case.

Plus, Giuliani entrapped.
============

MarkO

In the Libby case, as I must have beat to death at the time, I feel certain that Fitz was aware that at least one of his principal witnesses was making false statements. The privilege game NBC's lawyers played was brilliant, and Fitz successfully fought to keep any witness that could blow it up off the stand.

The immense power of the Federal Government in the form of a criminal prosecution should be entrusted to ethical and reasonable people. And, as long as I'm dreaming, I should be king.

Does the President have immunity from Section 1001? What about his addresses to Congress?

narciso

I had forgotten that instance, that's like something right out of Python,

 centralcal

Victor Davis Hanson gets the Fitzgerald story just right. Almost anyone can understand what has been going on - and he asks the question we have all asked: Who Prosecutes the Prosecutor?

Danube of Thought

What about his addresses to Congress?

Although the language refers only the the congress itself, my guess is that the Speech and Debate clause would shelter him. Otherwise a whole lot of them would have gone to the slams.

anduril

Since this is the legal thread, I'll state here how pleased I am that Roger Clemens is being indicted for perjury.

I still remember the time someone hit a homer off Clemens. A callow rookie trying to break into the bigs was sent up next to pinch hit next because, as the announcers said, everyone knew what was coming next: Clemens plunked the kid with a fastball. But he wasn't even tossed. Vicious, doped up creep.

MarkO

"Otherwise a whole lot of them would have gone to the slams."

Except that poor sap who yelled, "You Lie."

anduril

Deb, it's important to understand that nowadays most of the criminal justice process is controlled by the prosecutor--if he chooses to exert himself in that direction. Fitz chooses to do so to an unconscionable degree. By no means are all prosecutors or investigators/LE predators, but unfortunately the average citizen is in no position to judge, nor does the citizen know the intentions of the prosecutor behind the investigator. It's an unhealthy situation.

anduril

Via FR:

82% Say Voters Should Be Required to Show Photo ID (Rasmussen)

An overwhelming majority of Likely Voters in the United States think all voters in the country should be required to present photo identification in order to vote in U.S. elections. This is a sentiment that spans demographics, as majorities in every demographic agree that photo identification should be required to vote.

Comment: Gosh, when politicians read this we'll likely see a wave of reform sweep the nation. This is really good news!

Captain Hate

The only thing you need to know about Roidger Clemens is that he tried to drum up a charge against his wife so she could take the fall and keep his fat ass from being nailed with an obvious steroid rap. What a guy.

Captain Hate

Poor LeBron can't catch a break in the LUN

Tom R

The basic problem is that Fitzgerald got into a position where he had to either 1) stop the investigation and make the arrest before Blago had actually done anything unambiguously illegal; or 2) end up with the president of the United States on tape committing a felony.

If the prosecutor was ethical and had the goal of ensuring justice was served and all who committed a crime were held responsible, would they have not let the wiretaps continue so that they could gather as much incriminating evidence as possible against other corrupt politicians?

Fitzgerald has created the perception that he was trying to protect Obama (or someone close to him) or Jackson Jr from incriminating themselves. In our system of justice, can the defendant receive a fair trial if the prosecutor engages in unethical behavior? I think the answer is No so in that case a not-guilty verdict is OK, even though I do think Blago is as corrupt as you can get.

daddy the wanna' be heretic

Did you catch this from Democrat Senator Danial Inoyue"s Eulogy for his long time friend Ted Stevens yesterday:

[Inouye also brought up a federal jury's 2008 finding that Stevens was guilty of failing to disclose gifts. The verdicts were later thrown out because of prosecutorial misconduct and the Justice Department dropped the case.

"I knew it, we all knew it. He was not guilty. And he was vindicated, cleared of all charges," Inouye said to the biggest applause of the day.]

Jane

Yeah Daddy, and not one think happened to WElch.

Give us subpoena power!!!!

Bill in AZ sez it's time for Zero to resign

Fitz!!11! has a unique approach to law enforcement. Prosecute crime victims and get them off the street so perps have no choice but to make an honest living.

Carol Herman

The juror who held out, was right. He didn't do anything WRONG! And, nobody called Harry Reid in, to ask why Burris, at first, faced a hostile democratic party? All the senators signed a note telling him he wouldn't be seated. While Quinn, (the replacement governor), and Harry Ried, were promoting Lisa Magdigan. Such a deal! Chicago is going to get what it deserves.

Our justice department sucks. Shame on ALL lawyers, here! Let me tell you this: ABRAHAM LINCOLN IS NOT ROLLING IN HIS GRAVE!

The only reason the Duke LaCrosse team got off, is because one kid went late at night to the ATM machine. And, he activated a TIMED RECEIPT. At least, there, the prosecutor had to resign.

Here? SURREAL! (It's like watching Bernie Madoff's scam. And, how no hedge fund manager, or bank ... or even the SEC ... gave a crap.)

Thank goodness we've reached the bend where having a law degree doesn't get you employed to the point you can pay off your debts.

(Sort'a like Bernie Madoff exploding on his own.)

Where am I surprised? How come we don't see an Appeal? Are all our Federal judges like the Chipmunk? So sad. Too bad. (Kudo's though to LBJ for taking the former governor of California, Warren, off the bench, to "compose" the joke of a Warren Commission Report.)

Hurray for the Black Juror! (And, yes, the Supreme-O's have blessed JURY NULLIFICATION.) You lawyers should look this up, sometime. The jokes on the legal profession if Zagel gets to bite the apple, again.

daddy the wanna' be heretic

Jane,

The Audit of whether Begich as Mayor crookedly pushed through the Union contracts that shackled us with a 30 million dollar shortfall just came out. "the Begich administration and the Anchorage Assembly both failed to practice "prudent fiscal management" in some cases."

Begich's spokesgal is already saying move along folks, nothing to see here, and ">http://www.adn.com/2010/08/18/1415606/statement-audit-findings-need.html"> These Audit findings need to be "evaluated in context" since golly, we had no idea the economy was going to tank after we shoved thru 100 million in new Union contracts at the dead of night without showing anybody the books.

Will see if any clarity comes out via Talk Radio during my dog walk later today, but I suspect Begich, though guilty, probably skates from any further legal consequences.

Here's a ">http://www.adn.com/2010/08/18/1415348/begich-administration-faulted.html"> more indepth story, and a PDF: Independent audit findings if anyone cares.

Carol Herman

Oh, if you need a 'suggestion.' This COMPLEX crap is BULLSHIT. How come Fitzgerald could fictionalize "LINCOLN IS ROLLING AND POLLING IN HIS GRAVE" ... while filing charges that are COMPLEX!

How about his crony, Zagel?

Now that we know the Chipmunk will be replacing Stevens on the Supreme's ... I'd suggest to her ... so she doesn't look like toilet paper hanging off the "Smart Latina's backside," to start going after LAYMEN'S TERMS! Toss "COMPLEX" ... that will fix this system like nothing else! (Maybe, people wouldn't call her the chipmunk if she did something as reasonable as that?)

Libby was found guilty of "lying to the FBI."

You know when the lies started? When the "umbrella man" at Dealey Plaze "disappeared into thin air."

Oh, yeah. And, Mark Felt took out Nixon! That was the #2, performed by the #2. At the FBI. "cute."

Carol Herman

Anduril, you provided a wonderful service! As I was reading your link I remembered how Michael Milken was taken out!

He had hired a girl, who said she was 18. No one doubted her. And, she was a brilliant extension of his team. Where he used to sit and shout out orders as he saw things on their shared computer screens.

Turns out the gal was only 15. NO. ONE. KNEW! And, the FBI bragged "THEY PEELED HER LIKE AN ONION!"

As I said, if we're lucky, "the chipmunk," will go into the Supreme Court and work at fixing our legislative problems ... where COMPLEX ... and thousands of pages of new laws ... "have to be passed so we know what's in them!"

Will the chipmunk do this? Who knows?

Jim Miller

Clarice - Thanks much for the info.


Very off topic for just a moment . . .

Daddy - You may be interested to know that a Washington state legislature candidate, Mark Hargove, has flown an airplane or two.

He's favored in his rematch this year against Geoff Simpson. (If you want to know one of the reasons why, just search on "Geoff Simpson + domestic violence". Stefan Sharkansky had to ban Simpson from Sound Politics for sock puppetry,and other offenses.)

daddy the wanna' be heretic

Thanks Jim,

I know that we have 2 of our guys running for Congress. Will see if I can dig them up a bit later tonight.

IIRC Stefan Sharansky did good service for the Public during the phony recounts in Seattle that cheated Rossi out of the Election. Hope he's still doing well and getting good traffic at his site. Thanks for linking this and Patty Murray delende' est.

daddy the wanna' be heretic

Jim Miller,

This one was running as a http://langsias.com/about "> Republican in Colorado, but unfortunately he lost in a Primary.

This one is running as a ">http://janedyerforcongress.com/about-jane/"> Democrat for the 3rd congressional district seat in South Carolina. She'll find out on 2 November if she's got a new job.

I've never met either one of them.

buy viagra online

It's a distraction, but the issue that will win or lose for a candidate is the economy, period

kate

I recall all the puff pieces on Fitzgerald when he was on the Libby case. Articles on how he was the greatest prosecutor ever.

At one point, early in the case, there was an article out that Val was speculating who would play her in the movie and posed for photos in Vanity Fair.

I thought for sure that Fitz would drop his investigation at that point, since the "victims" were so obviously not. But he continued, I think he's a hack and benefited from the DC jury and the WAPO foreman, IIRC.

The Frito Pundito

This is disgusting. This woman was doing her civic duty, which is more than you have ever done, and as far as anyone knows (including all-knowing you) she did it to the best of her ability. I guess the only ones who can be on a jury are white male Republicans, because those are the only people with biases.

Diane S

Why is there so much evaluation going on about one juror? How about evaluating the 11 to see if they engaged in 'group think'?

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Wilson/Plame