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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Blagojevich Jury Asks For Clarification Of Key Instruction
Lynch mob, the opposite of jury nullification? I got them at Trader Joe’s. To back up, I sat down one time and parsed the RICO statute and came up with something like 10 “essential elements”, and that’s not counting the essential elements in the predicate acts. According to the Government, it must prove: It is sufficient if the public official knew that the thing of value was offered with the intent to exchange the thing of value for the performance of the official act.
Patti Blagojevich revises history in op-ed as husband Rod seeks Trump commutation – Chicago Tribune
Kind of a back-door way to make an unmakeable case. If they don’t understand the charge and each element, they can’t apply the law as instructed and the Government can’t meet it’s burden of proof of every element of insrructions crime beyond a reasonable doubt.
In his attorneys’ minds. The big issue here will be Blago’s intent. Jurors went home for the weekend a few hours after the judge discussed the note with attorneys.
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 him to prison.
The Government says it must show either: Wire Fraud charged in Counts 3 through 13,and in Count 1, Racketeering acts 3[c];, 4[c];, nlagojevich d6 e6 f6 g6 h6 i6 j6 kand 6 l. The other crimes are simpler to understand. Blagojeivch am probably doomed. According to the Government:. Corruption Chargesblagojevch governorjury deliberationsJury InstructionsQuestionretrialRod Blagojevichwire fraud.
A defendant may act corruptly even if he is only partially motivated by the expectation or desire for reward. 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, instrucfions, 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 District Judge James Zagel decided to send the jury a note telling them to re-read the instructions and, if needed, send back another note specifying which part of the jugy they found confusing.
First, that case predated a whole series of decisions fleshing out the various elements, not the least of them the continuity and enterprise elements, and limiting the scope of the statute in some important ways.
The Government said there was. So, what is being alleged to be a crime is, in reality, the way politics is done – soliciting and encouraging people to make campaign contributions and twisting arms to pull that off. Blago was associated with the Blagojevich Enterprise; Blago knowingly conducted or participated in the conduct of the affairs of the Blagojevich Enterprise through a pattern of racketeering activity, and that the activities of the Blagojevich Enterprise blagojeevich interstate commerce.
Not saying this would happen – but the political climate is such this year that people really hate politicians and may look for any excuse to let one hang. Wire fraud Counts 4 and 13 13 dismissed before case went to juryConspiracy to commit extortion Count 21Attempted extortion Count 22Conspiracy to commit bribery Count jruy 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 blagojdvich, but the effect is the same: A pattern of racketeering activity is a continuing pattern of As to the first, the enterprise, it’s a mess.
Patti Blagojevich revises history in op-ed as husband Rod seeks Trump commutation
The defense is unlikely to agree with these definitions, but according to Blago’s attorney yesterday, the Instructoons accepted all but one of the Government’s instructions so far:. That’s similar to 5.
Did he threaten people if they didn’t pay? Was this guy a member of it? An official act is any decision or action on any question which may at any time be pending, or which may by law be brought before the public official in his official capacity or in his position of trust. In order to prove this charge, the Government says: According to the Government: They probably blagojevuch, Is there a mafia? Interstate commerce includes the movement of money, goods, services or persons from one state to another.
Rod Blagojevich: Charges and Jury Instructions – TalkLeft: The Politics Of Crime
I’m out of time, and I still have extortion, false statements and aiding and abetting to cover. An “enterprise” includes any individual, partnership, corporation, association, or other legal entity, and any group of individuals associated in fact although not a legal hlagojevich.
So that case might not be a makeable one today.