I wonder if the judge will require a full in camera review in order to give all parties, including Blago’s counsel, an opportunity to make arguments seeking a broader (or narrower) release of the taped conversations to the committee after hearing what is on them? A limited release will create the perception that something is being hidden for less than legitimate reasons.

The public interest is best served with a full release of the tapes, and the Republicans should certainly be clamoring for that.

They should also be clamoring to having Obama’s Senate seat put on the ballot, along with Emanuel’s House seat.

The Democratic congressman delivered the news in automated telephone calls to constituents. He is leaving office to become President-elect Barack Obama’s new chief of staff. He said he will resign his congressional seat Friday.

Gov. Rod Blagojevich will play a role in replacing Emanuel; state law provides that the governor schedule a special election to take place within 115 days to fill the vacancy.

Why should only the heavily Democrat constituents in Emanuel’s district elect his replacement for a congressional seat, while an obviously corrupting process of replacing a United States Senator through gubernatorial appointment, be allowed to take place statewide?

They should both be on the ballot.

The fundamental procedural aspect of any legal process, whether you are talking about a process of criminal prosecution, or some form of summary civil proceeding, is that, where the harshness of the potential loss to the person is measurable, a meaningful pre-termination factual determination has to be made, with a meaningful opportunity to be heard, and from which a meaningful conclusory judgment can be reached.

“Meaningful” in the constitutional sense is not an empty word.

Clearly, the impeachment and subsequent removal of a Governor on conviction by the Illinois Senate, are processes from which Blago would be “condemned to suffer grievous loss” in a constitutional sense — and that, regardless of how much we might otherwise believe he deserves it.

So, much as many in Illinois appear intent on being quickly rid of Blago, due process — a meaningful hearing and meaningful right to be heard, stand as significant impediments, regardless of how devoutly to be wished the removal may be.

If I were the attorney for Blago, I’d also be thrilled over the report of the President-elect’s attorney, fully exonerating all of the members of his staff, Rahm Emanuel, Valerie Jarrett, et al. Bear in mind that the report not only addressed their lack of involvement, but also suggested that none of them understood anything that was said to them gave rise to a need to make any report to authorities. That clearly tends to exonerate Blago as well. “Gee, no one on the President-elect’s staff thought I did anything wrong,” Blago might very well say in consequence.

The incoming President obviously did not want his staff, especially his Chief of Staff, to be seen as officious back-biters — potential sniches who would “call the cops” the moment they heard anything from anyone sounding perhaps a little off color. But Blago can rely on that report to his advantage.

So, in a general sense, then, the obvious “due process” question is, how could due process possibly be served in an impeachment and removal process for the duly elected Governor of a State, if the unmistakably best evidence in that pending process is unavailable to the accused, as is the ability to compel the testimony of key witnesses mentioned in the context of the arrest which, of necessity, was the basis of that impeachment charge in the first place?

We let criminals go free under circumstances where evidence has been improperly obtained, or is otherwise made unavailable on one or another public policy grounds. And we frequently do so because our courts have concluded that justice is preserved by protecting rights, even where the price is the failure to convict an obviously guilty party — even dangerous ones.

The impeachment panel may well be setting Blago up for a potential legal victory by denying him access to evidence and witnesses, and trying to fob it off on Fitz’s case.

Lisa Madigan already screwed things up with her still-born removal petition, by too quickly narrowing the options for his removal. In a sense, the Court’s silence in response was deafening — also working to Blago’s advantage.

Looks to me like all eyes are still on Fitz to save them from a process — impeachment — that they definitely do not want to pursue. But in showing their hand the way they are, they may be weakening his ability to negotiate a resignation. Successful negotiation, after all, is almost always achieved from a position of strength.

The Democrat Mafia has warned Blago to keep his mouth shut or else.

Is there anyone who could spread some light on the due process issue?

This is Illinois. There is no Due Process other than bribery

I’ve been saying Blago would be in office when The Black Caesar ascends to the throne but Emanuel would not. I may be wrong there. They may both still be government workers on the 20th.

The Illinois House will not subpoena Rahm Emanuel and Valerie Jarrett

So much for due process. They need to drop impeachment procedings until he is allowed a fair and equal defense. Don’t get me wrong, I think he is guilty as sin, but so are the rest of barry’s advisors and possibly the messiah himself. If the illinois senate wants to protect those scoundrels they need to back off blago. If they want to get blago they need to allow him to defend himself.

Genson hopes to invoke some public sympathy for Blagojevich and create political pressure to stop impeachment until Blagojevich can have his day in court.

I don’t think he will be able to get much public sympathy but If Blagojeich can’t be impeached and stays in office unable to appoint someone to Obama’s seat, it will remain unfilled with no democrat vote on critical issues in the Senate. This can’t make Harry Reid happy. Also, a drawn out impeachment process could promote the special election solution that will give Republicans a possibility to steal a democrat seat.

I can envision sympathy bolstering his approval rating up to 6%.

Easily.

artist on December 29, 2008 at 9:19 AM

Oooh, all the way up to Congressional levels. I’m sure Blago is guilty, I just want to see who else is guilty or at least dirty.

Blago will walk away with a wrist-slap and a big job somewhere.

He has dirt on the Fool.

Thus it is pre-determined.

The Fool, of course, will be cast as a magnanimous Soloman.

Is there anyone who could spread some light on the due process issue?

Obama rode out the storm.He dumped his paper two days before Christmas and fled to Hawaii and Emanuel went into hiding.No one knows where Jarret is either.
The media is showing that they will be the good little lap dogs and follow orders not to waste their question or investigate something Obama has declared off limits.

Don’t forget that people like Chris Matthews has said he will do whatever it takes to make this administration work and he has plenty of company.The media dances like puppets for Obama.

Genson’s still got his plate full.

Easily.