Blago the villain - a dramatic revelation but somewhow unsatisfying vs others

Some frauds are so audacious you've got to admire them. In a former occupation I had a small landscaping business, and I used to subcontract a lot of the specialized work. A number of jobs were rehabbing gardens in a suburb of large mature trees. Many benefitted by skilled pruning. One of my best subcontractors was a tree trimmer named Simpson who was a whiz with ropes. (This was before cherry pickers.) This guy showed up on the job with four or five coils of rope hanging from his belt, and his chain saw, and he would spend 30 or 40 seconds sizing up the tree limbs, then begin to throw the ropes into the canopy with great accuracy. 

Soon he had a network of ropes which he'd use to haul himself up into the trees and he could move from one limb to another. He'd have his chainsaw chugging away on the ground on the end of another rope until he was ready high up in the trees...

Rarely have a I seen a guy as lithe, as strong and as agile.

With his highwire array of ropes, he swung around like a monkey in those trees.

One day an official showed up at my place and said he had heard that Simpson had worked for me. He wanted a description of his work for a court case in which Simpson was being charged with fraud. Turned out Simpson had been collecting a monthly disability pension check for many years from the government as a veteran classified as "totally and permanently incapacitated" by war injuries - a "quadraplegic" his veterans pension file said.

Then there was a mayor we had here in Frederick MD called Jimmy Grimes, who was popularly called Crimes Grimes, or just Grimey. He had a variety of shonky businesses dealing with the city on no-bid contracts. Worse than his corruption was that he was incapable of completing an intelligible sentence when he made speeches or gave interviews. He was such an embarrassment to have as a Mayor I gave money to his rival for office, despite the fact that she was a feminist liberal Democrat. She turned out to be a disaster as a mayor too, but at least she had gotten rid of Grimey from City Hall.

Charlatans often seem to get away with it despite the warning signs of names like Grimes.

The rich and famous of Palm Beach FL, the Upper Eastside, Hollywood and beyond the Atlantic even are hurting now because a Bernard Madoff made off with much of their fortunes in a simple but vast and protracted Ponzi scheme. On and off over the years Madoff had people making complaints about him to the Securities and Exchange Commission which even investigated him several times, but they just couldn't spot the fraud.

Madoff was described as a "pillar" of the community, convivial, generous, the last person you'd suspect. That apparently was the secret of his success as conman.

Where Madoff was the relaxed longterm thief, also unfolding in New York City is the story of a quite different kind of thief - the frenetic actor kind of conman. This is Marc Dreier, founder and principal of a New York City law firm, Dreier LLP. Dreier's con was selling fraudulent securities, and he was caught a week or so back in the act of impersonating an executive of an investor, the Ontario Teachers Pension Plan in their own offices in downtown Toronto to a New York investment firm called Fortress. He had equipped himself with bogus business cards to pass himself off as the Canadian.

But imagine a harsh Noo Yorker trying to talk a soft Toronto accent. The mannerisms and pace are all different too.

The Ontarians said they called the cops because Marc Dreier was "acting strange" which probably just means he was behaving like a typical impatient dealmaking New Yorker.

Of course our real subject is the Chicago man with the wiglike boyish hair, who despite the drama is hanging in there as Governor of Illinois, Rod Blagojevich or "Blago" as he's known.

Blago's big con was to run for office as a reformer of Illinois politics and he manages to be caught on tape sounding like a caricature of a shakedown pol.

And he is a nasty pokerfaced, distant man, very easy to dislike, almost the perfect villain.

Peggy Noonan put it best (WSJ 2008-12-12):

"Rarely has there been such a case in which the sin is perfectly represented by the physical presence of the sinner. I had never seen (Blago) until the news this week, and there he was, a lipless, dull-featured, wig-wearing moron with a foul-mouthed harridan of a wife. Oh, maybe it's not a wig, but I think Chicago should know everyone in New York thinks it is.

"The minute I saw him I thought: That's exactly what a guy like that would look like! And then I thought: Oh, God bless him, because it's kind of a gift when things look as they are. Not all is shade and shadow, some things are hearteningly obvious.

"He really was abusive. He really was selfish. He really gives you something to react against, a sense of 'That's what not to be.'" END Noonan quote.

Compare: Simpson was, so far as I know, only thieving from the government. He was of an age to have fought in WW2 or Korea and perhaps suffered some injury. In all his dealings with me and others I knew he was trustworthy and honest, and provided great service for the money.

Grimes was more pathetic than anything, an uneducated man who'd got into a world beyond his understanding or capability. It was merciful to throw him out of office.

Madoff was a bigtime thief, but when the game was up he fessed up to colleagues and waited for the cops to arrive.

Dreier is the comically inept villain, the conman who should have taken more acting lessons.

But there's a serious issue here about the case against Blago. Despite the drama it's very incomplete.

We're going to quote from the unexpurgated text of the FBI complaint. Only rather sheltered persons are shocked by Blago's profanities, since there are important career streams where people drop in the 'fuck' word and its many variants as a matter of habit - on building sites, in the army, among police, and so forth. I find it not shocking but tedious for its redundancy. It's a verbal tic, as with the younger set which throws in "like" whenever they can't quite continue a sentence: "He was, like..."

The profanities involved in lots of 'fuck' talk are an effort to display a macho attitude, an attempt to add emphasis, and to stress determination to get one's way.

But let's examine the unexpurgated FBI compaint in a little more detail:

"ROD BLAGOJEVICH stated that he is “struggling” 
financially and does “not want to be Governor for the next two years.”  
c. ROD BLAGOJEVICH said that the consultants (Advisor B and another 
consultant are believed to be on the call at that time) are telling him that he has to “suck it 
up” for two years and do nothing and give this “motherfucker [the President-elect] his 
senator.  Fuck him.  For nothing?  Fuck him.”  ROD BLAGOJEVICH states that he will put 
“[Senate Candidate 4]” in the Senate “before I just give fucking [Senate Candidate 1] a 
fucking Senate seat and I don’t get anything.”  (Senate Candidate 4 is a Deputy Governor of 
the State of Illinois).  ROD BLAGOJEVICH stated that he needs to find a way to take the 
“financial stress” off of his family and that his wife is as qualified or more qualified than 
another specifically named individual to sit on corporate boards.  According to ROD 
BLAGOJEVICH, “the immediate challenge [is] how do we take some of the financial 
pressure off of our family.” .....

"Thereafter, ROD BLAGOJEVICH and others on the phone call discussed various ways 
ROD BLAGOJEVICH can “monetize” the relationships he is making as Governor to make 
money after ROD BLAGOJEVICH is no longer Governor. ...

"102. Later on November 10, 2008, ROD BLAGOJEVICH and Advisor A discussed 
the open Senate seat.  Among other things, ROD BLAGOJEVICH raised the issue of 
whether the President-elect could help get ROD BLAGOJEVICH’s wife on “paid corporate 
boards right now.”  Advisor A responded that he “think[s] they could” and that a “President- 
elect . . . can do almost anything he sets his mind to.”  ROD BLAGOJEVICH states that he 
will appoint “[Senate Candidate 1] . . . but if they feel like they can do this and not fucking 
give me anything . . . then I’ll fucking go [Senate Candidate 5].”  (Senate Candidate 5 is 
publicly reported to be interested in the open Senate seat). 

"104. On November 11, 2008, ROD BLAGOJEVICH talked with JOHN HARRIS 
about the Senate seat.  ROD BLAGOJEVICH suggested starting a 501(c)(4) organization (a 
non-profit organization that may engage in political activity and lobbying) and getting “his 
(believed to be the President-elect’s) friend Warren Buffett or some of those guys to help us 
on something like that.” HARRIS asked, “what, for you?”  ROD BLAGOJEVICH replied, 
“yeah.”  Later in the conversation, ROD BLAGOJEVICH stated that if he appoints Senate 
Candidate 4 to the Senate seat and, thereafter, it appears that ROD BLAGOJEVICH might 
get impeached, he could “count on [Senate Candidate 4], if things got hot, to give [the Senate 
seat] up and let me parachute over there.”  HARRIS said, “you can count on [Senate 
Candidate 4] to do that.”  Later in the conversation, ROD BLAGOJEVICH said he knows 
that the President-elect wants Senate Candidate 1 for the Senate seat but “they’re not willing 
to give me anything except appreciation.  Fuck them.”  END quotes from USDOJ complaint

This is horsetrading. Take out the profanities and the unadorned language and this is classic transactional politics - trading of favors. It's what the five year federal highway bills are all about with their many thousands of earmarks and the associated wheeling and dealing.

It certainly shows a high predisposition, even a preoccupation with leveraging political power to personal profit. It shows corrupt intention and planning.

But it's rather different from most USDOJ/FBI affidavits in that it's more politically damning than it is legally conclusive. There's oodles of intent to corrupt but there's no act of corruption consummated.

Of course Blago is finished politically, as finally as Elliot Spitzer is finished.

But he and his hotshot lawyer must be wondering whether he can't bluff his way out of being jailed by saying it was all big talk on his part, a kind of insider motivational pitch to his team to raise money, but not something he was going to bring to fruition.

Also look at the segment in the complaint on the Illinois Tollway:

"61. In response to questions, Individual A has advised agents of incidents involving efforts by ROD BLAGOJEVICH to obtain campaign contributions in connection with his official actions as Governor.  Three such incidents are related below.

"62. On October 6, 2008, Individual A and Individual B attended a meeting with ROD BLAGOJEVICH and JOHN HARRIS.  Individual B sought the meeting with ROD BLAGOJEVICH to discuss help ROD BLAGOJEVICH could provide to Individual B’s business venture.  After Individual B left the meeting, ROD BLAGOJEVICH informed Individual A that ROD BLAGOJEVICH liked Individual B and/or Individual B’s project and wanted Individual A to approach Individual B about raising $100,000 for Friends of Blagojevich by the end of the year.  According to Individual A, he later learned that ROD BLAGOJEVICH reached out directly to Individual B to ask Individual B to hold a fundraiser for ROD BLAGOJEVICH before the end of the year.

"63. According to Individual A, after Individual B left the meeting on October 6, 2008, ROD BLAGOJEVICH told Individual A that he was going to make an upcoming announcement concerning a $1.8 billion project involving the Tollway Authority. ROD BLAGOJEVICH told Individual A that Lobbyist 1 was going to approach Highway 
Contractor 1 to ask for $500,000 for Friends of Blagojevich.  ROD BLAGOJEVICH told Individual A that, “I could have made a larger announcement but wanted to see how they perform by the end of the year.  If they don’t perform, fuck ‘em.”  According to Individual A, he/she believed that ROD BLAGOJEVICH was telling Individual A that ROD BLAGOJEVICH expected Highway Contractor 1 to raise $500,000 in contributions to Friends of Blagojevich and that ROD BLAGOJEVICH is willing to commit additional state money to the Tollway project but is waiting to see how much money Highway Contractor 1 raises for Friends of Blagojevich.
 
"

"64. A search of public information available on the internet reflects that Highway Contractor 1 is an officer of a company that is a large supplier of concrete in the state of Illinois.  The search also reflected that Highway Contractor 1 is active in one of the largest trade associations, ACPA (American Concrete Pavement Association), in the road building industry in the state of Illinois.  In addition, I am aware from public sources that on October 15, 2008, ROD BLAGOJEVICH announced a plan to have new express lanes built on the Illinois Tollway in the next few years at a cost of $1.8 billion." END quote

One other shakedown is detailed of the chief of the Children's Hospital then it's back to the Tollway pay-to-play:

"67. On October 22, 2008, the FBI intercepted pursuant to a court order portions of a meeting held in a conference room at the Friends of Blagojevich office.  The meeting was attended by ROD BLAGOJEVICH, Fundraiser A, and two lobbyists actively involved in fundraising for Friends of Blagojevich.  FBI Special Agents have listened to a recording of the meeting.  The voices on the recording are very low and at times are difficult to hear. However, based on a review of the recording, FBI Special Agents were able to determine the following:
a) At approximately 10:15 a.m., and consistent with phone records, ROD BLAGOJEVICH called Highway Contractor 1.  Only ROD BLAGOJEVICH’s portion of  the phone call can be heard.  The call started with ROD BLAGOJEVICH saying hello to “Mr. [Highway Contractor 1]” and noting that ROD BLAGOJEVICH was “excited” about the “Tollway” (believed to be a reference to ROD BLAGOJEVICH’s recent announcement of $1.8 billion in Illinois Tollway funding that will benefit Highway Contractor 1 and the trade association with which he is affiliated).   ROD BLAGOJEVICH talked about speaking with “[Individual C],” (Individual C is a former member of the U.S. House of Representatives who is believed to be attempting to assist ROD BLAGOJEVICH in passing a capital bill worth billions of dollars that would benefit Highway Contractor 1 and the trade association with which he is affiliated) and began, in the context of asking Highway Contractor 1 to do fund raising, to discuss fund raising rule changes that will take effect on January 1, 2009.  The conversation ended with ROD BLAGOJEVICH stating to Highway Contractor 1: “Call me if you need anything.” END quotes

Again we have overwhelming evidence of the Governor planning to act outside the law and corruptly influence the awarding of a contract by the Illinois Tollway. But again the corruption isn't consummated.

Maybe the feds have evidence of counsummated acts of corruption, but oddly the 76 page complaint doesn't spell out the details of any of these. It's focus is on the planning of corruption forestalled by the dramatic arrest of last week. Five years of investigation and the Chicago villain is mostly caught in the planning of crimes, with much weaker evidence of his carrying them through to completion.

The Blago story is unsatisfyingly incomplete.

Where's the money he made in the six years of corrupt governorship? Why his sudden financial crunch? Didn't they ever manage to catch him getting his filthy lucre?

Lots of unanswered questions.

Fitzgerald more political hitman than lawman

Victoria Toensing has taken Blago's prosecutor Patrick Fitzgerald to task for unprofessional comments. Fitzgerald called Blago's conduct "appalling" said that Blago had "taken us to a new low" that Lincoln would "roll over in his grave" at his behavior, and so forth.

Toensing misses the point. Like Elliot Spitzer, Patrick Fitzgerald is more a political hitman than a lawman. He showed that clearly in the Scooter Libby case.

In the case of Blago a prosecutor would have waited for at least one of these planned corruptions to be consummated, and then nabbed his crim. But once Fitzgerqald had his incendiary tapes he had enough for his political hit on Blago.

It was richly deserved, and it's a kind of rough justice, but don't call it the rule of law.

http://www.careerjournal.com/article/SB122913032247103429.html

TOLLROADSnews 2008-12-15