Word: fitzgeralds
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...Today was also the original deadline for an indictment, one that would most likely lay out the charges in greater detail than initially put forth in the 76-page criminal complaint filed by U.S. Attorney Patrick Fitzgerald at Blagojevich's arrest. But four days ago, a federal judge for northern Illinois granted Fitzgerald's request for a 90-day extension. "The ends of justice served by the extension," according to Chief Judge James Holderman, "outweigh the best interests of the public and the defendants to a speedy trial." He set the new deadline for April 7. (See TIME's gallery...
...filing the motion for an extension, Fitzgerald revealed that the investigation, begun in 2003, involves many more suspects than the two thus far charged - Blagojevich and his resigned chief of staff John Harris. Reports are surfacing that the probe is widening beyond the governor into the dealings of his brother Robert, who ran his campaign fund. The motion also noted that "thousands of phone calls were intercepted between late-October 2008 and early-December 2008," that confidential witnesses were used as part of the case and that "multiple witnesses have come forward in recent weeks to discuss their knowledge...
...requesting his extension, Fitzgerald seems to have handed Blagojevich lead attorney Edward Genson a good chunk of information to play with before April 7. Just how will Genson and his team defend the governor against the charge that he attempted to sell Barack Obama's Senate seat and other corruption allegations...
...John Marshall Law School professor Ronald Smith describes Genson and his team as "verbal elbow throwers" who meticulously strategize and specialize in crafty back-and-forth before the jury. And Genson has already begun throwing elbows. On Thursday, his team asked Holderman to remove Fitzgerald and his entire prosecution crew because of a purported violation of a pretrial publicity order. ("Meritless," said the prosecutors.) Genson has also loudly pushed his claim that the government's case is much ado about nothing. Sure, the governor was heard talking of selling Obama's seat to the highest bidder, talking of getting Chicago...
...Fitzgerald will undoubtedly argue that the talk itself was a crime. Says Lyon: "The prosecution's position, as I understand it, is the offer to take a bribe or something of value is the completed crime because it's depriving the people of the state of the right to honest service." Such statutes have become broader, allowing lawyers greater reach in how to interpret such talk. "It used to be quid pro quo. That's what people were looking for. Not so anymore." Smith, a former prosecutor who has taught federal criminal law for 15 years, explains: "The question...