Daniel T. Frawley details Rezko investigation: “I taped Buddy the night before his 2nd to last Federal Grand Jury appearance.”
Ernie Souchak, Editor-in-Chief, Illinois PayToPlay
DEVELOPING STORY:
Will the Chicago Sun-Times and the Chicago Tribune completely disregard their responsibilities and ignore this story ?
From: "Ernie Souchak" <email address withheld>
To: "John Barron" <[email protected]>, "Andrew Herrmann" <[email protected]>, "Gerould Kern" <[email protected]>
Cc: "Tim Novak" <[email protected]>, "Carol Marin" <[email protected]>, "Chris Fusco" <[email protected]>, "Dave McKinney" <[email protected]>, "John Chase" <[email protected]>, "Jeff Coen" <[email protected]>, "John Kass" <[email protected]>, "Eric Zorn" <[email protected]>
Sent: Sunday, May 6, 2012 9:00:49 PM
Subject: Fwd: Daniel T Frawley
Who wants to be a journalist ?
From: <withheld>
Date: Sun, May 6, 2012 at 1:46 PM
Subject: Daniel T Frawley
To: "Ernie Souchak"<email address withheld>
From: Dan Frawley <Dan Frawley's email address withheld>
Subject: Buddy Wilkins re;co-operation and immunity
To: robert XXXXX <Bob Cooley's email address withheld>
I. Tony Rezko’s Defense attorney’s
A) J. Duffy is a founding principal of Stetler & Duffy, Ltd. Mr. Duffy served in the United Joseph States Attorneys Office for the Northern District of Illinois from 1980-1989. As Assistant U.S. Attorney, he investigated and prosecuted complex financial crimes and public corruption cases. He was appointed Deputy Chief of the Criminal Division, Chief of the Criminal Division, and later First Assistant U.S. Attorney in the Northern District of Illinois.
B) William P. Ziegelmueller jointed the firm at its inception and is currently a member (partner) of Stetler, Duffy & Rotert, Ltd. Mr. Ziegelmueller focuses his practice on white-collar criminal defense and civil litigation, primarily in federal courts nationwide.
C) Gene Murphy was an Assistant State’s Attorney at the Cook County State’s Attorney’s Office For eight years. Gene prosecuted financial crime, fraud, and racketeering cases against corporate executives and business owners, union and government officials, and organized crime figures.
- Gene headed the litigation practice at two Chicago-area litigation boutiques, and in 2004 went to the Chicago office of Bryan Cave – one of the 35 largest law firms in the world – as a commercial litigation partner.
D) Richard Friedman Attorney-There are many Richard Friedman’s listed in the Chicago area as Attorney’s; this Richard Friedman is a friend of Gene Murphy.
E) James (Buddy) Wilkins Buddy; Wilkins was not represented by either Joe Duffy or William P. Ziegelmueller. Attorney Gene Murphy represented Buddy WILKIN’S. The following can all be confirmed by USAO recorded conversations both in person and over the phone Murphy withdrew from the case after the US Attorney’s office had Gene Murphy do so because of a conflict of interest. I do not know what the exact conflict was. I BELIEVE 100% IT WAS BECAUSE OF MY TAPE RECORDING BUDDY WILKINS DURING MY COOPERATION WITH THE USAO. Buddy Wilkins’s was offered immunity by the USAO and Buddy was counseled by Gene Murphy not to cooperate. Gene Murphy was reporting directly to Joe Duffy and Ziegelmueller giving Tony Rezko’s attorney’s chapter and verse of all of Buddy Wilkins’s meetings with the USAO and Wilkins’s testimony to the federal Grand Jury. I first found this out from Buddy before the USAO asked e to record Wilkins. Buddy told me that Gene Murphy’s legal assistant (Diana? no last name, but her identity can be established easily.) Buddy told me that Gene Murphy would call Duffy, Ziegelmueller and or Tony Rezko often before talking to Welkins’. Murphy would take direction from Duffy and his crew telling Murphy to tell Wilkins what to do and say to the USAO and the Federal Grand jury. Wilkins told me that Wilkins’ legal fees were paid by the Tony Rezko defense fund. Murphy withdrew as Buddy’s attorney under pressure from the USAO’s office.
F) Richard Friedman Attorney-There are many Richard Friedman’s listed in the Chicago area as Attorney’s; this Richard Friedman is a friend of Gene Murphy and was appointed by Murphy to represent Buddy Wilkins. Friedman continued co-operating with Duffy and crew. Friedman was never taped directly, but I had many taped recordings with Buddy Wilkins I which Wilkins mentions many conversations between Duffy, William P. Ziegelmueller and Richard Friedman. Friedman related to Buddy on more than one occasion that Duffy and Ziegelmueller had urged Tony Rezko to get a check to Buddy Wilkins. (Rezko owed Wilkins $25,000.) Rezko made the payments to Wilkins, usually before an appearance before the Federal Grand jury by Wilkins. I taped Buddy the night before his 2nd to last Federal Grand Jury appearance. Wilkins was flown to Chicago from North Carolina at government expense to testify before the grand jury the following morning. I picked Buddy up at O’Hare airport after meeting with FBI agents who gave me a recording advice and instructions. I received a call from the agents and the USAO’s office. The Government people were very discouraged, because the recorder malfunctioned and Wilkins stonewalled the Federal Grand Jury. I told them not to worry I could meet Buddy before he flew back to N. C. I spent hours recording Buddy and gave Buddy a ride to a friend of his house in the Southern Suburbs. The recording was very successful. Upon Buddy’s return to N.C. Buddy was taken into custody by the FBI and flown back to Chicago. Buddy finally told the truth to the Grand jury and received immunity or at least was never prosecuted and I can confirm that. The USAO asked me not to contact Buddy after that. I always felt good about this, because Buddy’s attorney’s represented Tony not Buddy (similar to what Weaver did to me) Buddy did not deserve to go to jail and had I not recorded buddy he would have followed advice from attorney’s who were supposed to represent him and did not.
II) I never taped Duffy, Ziegelmueller, Murphy or Friedman however Buddy mentioned them innumerable times.
A) The said incidents all happened.
B) Said incidents can be proven by government tapes and by witnesses both with the government and others outside the Employment of the Federal Government.
Pat Quinn, destined to be third in the trifecta of jailed IL governors?
Martin Rivers, Introducing Illinois PayToPlay’s Springfield Correspondent
Is a third Illinois governor in- a-row destined for a trip up-the-river to the Big House? That’s Blago on the left, on a bad hair day. Ryan is on the right. Is Pat Quinn, in the middle, the next Illinois governor to do the federal perp walk?
Pat sure looks like “Larry” of “Three Stooges” fame, if he’d let his hair grow out some.
Why could he be next in the conga line of incarcerated Land of Lincoln chief executives?
Well, first of all, here’s what Pat once had to say about “Moe,” AKA Blago:
"He's always been a person who's honest and one of integrity...I have confidence the governor does the right thing all the time."
That’s evidence of complicity, or stupidity. And Pat’s not stupid.
Then there’s Quinn’s continuing attachment to Antoin Rezko through his current Chief-of-Staff, Jack Lavin. Quoting the Chicago Tribune, here’s what that extreme-conservative, Republican web site, the Huffington Post, wrote about Lavin:
“Lavin served as Blagojevich's director of the Department of Commerce and Economic Opportunity after [convicted fundraiser Tony] Rezko recommended him for the post. Lavin once worked as the chief financial officer for Rezko's food-related business, and took more than $12,000 in donations from Rezko's firm while considering a run for elected office in 2001.”
Back on October 11, 2011, Illinois PayToPlay suggested that the professional journalists in the Chicago media pose these questions to U.S. Attorney Patrick Fitzgerald:
“Is there any evidence to suggest that, while he was Rezko’s chief bean counter, Jack Lavin moved a $3,000,000 line item from the Panda Restaurant operated by Tony over into his Papa John’s Pizza books in order to help get a loan from GE Capital?
And then, as a follow-up:
Well, if you can’t answer that question, or won’t, then who kept Rezko’s second set of books for his Papa John’s Pizza store? And why have we never heard about that?”
Well, of course, that didn’t happen.
Illinois PayToPlay will soon be releasing information from a confidential informant, identified only as “CI2” (confidential informant #2) in the “Motion For Issuance Of An Arrest Warrant” for Rezko, filed on January 28, 2008 by Patrick Fitzgerald, that contains CI2’s allegation that Rezko’s CFO helped Tony R. cook the Papa John’s books in order to get that loan from G.E. Capital.
As the late Paul Harvey used to say – “Stand by…for more.”
Oh, and by the way, Fitz’s office has known of Lavin’s alleged involvement in the miracle bookkeeping incident for, at least, four years. And what have the feds done with that information?
Blago’s gone, but has anything really changed in the way the governor’s office down here in Springfield operates?
Editorial: U.S. Attorney sits on accusations detailing McMahon games with city contracts
Ernie Souchak, Editor-in-Chief, Illinois Pay-to-Play
The lead attorney for Eric Holder’s Department of Selective Justice in the Northeastern District of Northern Illinois has, for years, been sitting on taped conversations that outline how the McMahon companies in Chicago have long played games with city contracts.
Recently, the Sun Times put the McMahon’s in their journalistic crosshairs by citing a Daniel T. Frawley “Whistleblower” lawsuit that we, at IP2P, don’t believe exists. Now why would they do that?
Because these days the Times gets its marching orders from His Honor Mayor Emanuel, who is out to destroy the myth of the Daley Machine as a regime that made Chicago “the City that works”. (Meanwhile, the snoring Trib takes it's orders from Rip van Winkle.) Rahm aims to be heralded as the man who cleaned-up Chicago by revealing the true Daley image as having facilitated “the City that cheats”.
And cheat it does. The whole nation knows that. But the nation also assumes that its local branch of the U.S. Department of Justice is working hard to hinder the cheating. After all, aren’t the crooks of Cook County continually hunted by those intrepid FBI agents of Patrick “Elliott Ness” Fitz’s office, ever alert to the opportunity to stop crime sprees, a la Blago’s. That’s the meme anyway.
IP2P has recently received summaries of federally monitored conversations from years past that suggest a more accurate image of the local office of Holder’s Department of Selective Justice. This one suggests an investigative organization on a long voyeuristic trek when it comes to Chicago corruption. It hides in the shadows, listens in on conversations, and watches criminal activities for years as it waits for…waits for what?
It waits for a green light from incumbent politicos to signal when it’s politically expedient to take out a crooked politician, or a bent real estate speculator? Or, in the David Koschman case, it sits on evidence of a crooked police official who hindered the murder investigation, and thereby it, too, becomes complicit in the long denial of justice to Mrs. Nancy Koschman for the murder of her son. That’s not Ness-like behavior.
On several occasions, Fitzgerald has said that corruption can only stop when citizens come forward to report what they know. So should we at IP2P be good citizens and send what we’ve been given to Fitz for further, extensive, thorough, professional “investigation”? Why bother - they already have it, and have had it for years.
What about the U.S. Attorney’s office enforcing the law based on what they already know?
If not now – then when? When a politician says it’s “OK”?
The Fitz Solution to Corruption: The Citizens Report It
Jontel Kassidy, Senior Capital Correspondent
While commenting on Blago’s prison sentence, U.S. Attorney Patrick Fitzgerald repeated what has become for him a common theme: Illinois citizens are responsible for stopping corruption by reporting it to the authorities.
In the longer video of his comments aired by NBC News Chicago, in response to a reporter’s question (1:16 into the clip), Fitz says (beginning at 1:34) that there needs to “…be a change in the public’s attitude. People seem resigned to corruption at times and…they’re afraid to say ‘no’ when someone in power asks them for something they shouldn’t. The people in power should be afraid to ask.”
So, Fitz’s solution is for citizens who are approached to give cash, benefits and favors in exchange for some consideration by corrupt officials, should run and tell the authorities – the federal, state, county and local police, and the various prosecutorial agencies.
That’s The Fitz’s Solution. It has several weaknesses.
1. To whom do citizens report corruption when their trust in the authorities is – to be kind – less than complete?
It’s an exaggerated comparison, but what were the consequences to citizens who reported corruption in East Germany to the Stasi? Only if the corruption wasn’t, in some way, sanctioned by the state, were the consequences anything but negative to the citizen.
2. Much of the corruption in Illinois pay-to-play shakedowns happens at a small business level. A three-trucks plumbing contractor submits a bid on a public housing project. The sub-contractor is told that a modest political donation to a particular politician would considerably enhance his chances of being awarded the contract. Suppose it’s a federally funded project.
Is the States’ Attorney’s office going to launch an investigation after the Plumbing contractor reports the shakedown? When billions are involved, what resources will be used to address, say, an alleged $3,000 bribe? Garden variety graft, events that don’t reach the level of the $14 billion that Blago cost the taxpayers of Illinois, is so widespread that there just aren’t enough policing and prosecutorial resources to stem a crime wave like that underway in Illinois.
3. In a culture steeped in corruption like Crook County, kickbacks and greased palms have been going on for so long, so successfully, and with such impunity that Fitz’s suggestion that the authorizes are ready to aggressively prosecute the crooks that citizens report is flat goofy.
The “change of attitude” Fitz’s preaches has to start with the agencies tasked to enforce laws.
To blame the people is to blame the victims.
The Fitz Solution is like saying that the people of Russia are responsible for the corruption of the Putin regime. They voted him in, after all.
That the Jews in 1933 Germany were responsible for the horror the Nazis delivered on them. They should have reported the injustices to the German Courts.
That innocent Mexican civilians are responsible for the violence of the drug traffickers along the border. After all, the violence couldn’t happen without the victims’ complicity (and, in some cases, that of the U.S. Department of Justice for selling guns to the cartels!).
It’s patently absurd when a high profile “crime fighter” – or the “Exterminator,” as John Kass calls him – blames the victims.
Patrick Fitzgerald: Intrepid Crime Fighter? Or, Politically-Driven Leaker? The Exterminator’s Catch & Release Program (Part 9)
Hugo Floriani, Investigative Reporter
Is the result of U.S. Attorney Patrick Fitzgerald’s ten-year, crime-fighting crusade in Illinois the near extermination of corruption? Or, has it been more about trapping a few big bugs and spraying a catch-and-release treatment on them?
In a March 17, 2011 Chicago Tribune article by John Kass entitled “If Fitzgerald goes to Washington, will political cockroaches like Blagojevich multiply?” Kass bemoans the future of Chicago if Patrick Fitzgerald is eventually appointed Director of the FBI. Kass wrote, “If the best exterminator leaves town, what will happen to all those political cockroaches?” (Answer: Dear John, They’ll continue as if nothing’s changed, cause nothing has.)
Kass is among the Chicago media types who've succumbed to Fitz idolization driven, in part, by the eventual conviction of Dead Meat at the hands of the Exterminator. And so Fitz stands watch alone today, in his hands-on-hips-Superman-stance, along that thin line that separates law-and-order from Illinois’ Pay-to-Play.
So, OMG! If the Exterminator moves to Washington, D.C., what will stop the proliferation of other political cockroaches, like Dead Meat? Kass asks. (It’s hard to tell when Kass is being serious versus flippant, since his writing style aims to tease, not confront. It’s both a literary niche, and a survival technique. If you really don’t want to, you don’t have to take him seriously.)
If you were reading Kass’ piece on Mars, you’d think the Exterminator had pretty much wiped out corruption in the Land of Lincoln, Crook County, and the City that Capone built.
Such is the power of the myth of the Intrepid Crime Fighter. Question is: How does it match with reality? In the ten years the Exterminator has prowled the Windy City, spraying for cockroaches, has there been any substantive reduction in their numbers and impact? Well, lets’ do a body count and see.
The Chicago Sun Times, which doesn’t have quite the simpatico relationship with Fitz that the Trib has, recently catalogued the cockroaches trapped in Operation Board Games. Here’s a short list:
- Stuart P. Levine, Pleaded guilty in October 2006 (that’s like 5 years ago) of masterminding extortion schemes and skimming “millions from construction deals the school [Chicago Medical School] gave to Jacob Kiferbaum.” Stu awaits sentencing.
- Jacob Kiferbaum, Pleaded guilty November 2007 (a mere 4 years ago) of participating in Levine’s schemes. Jake awaits sentencing
- John Glennon, Pleaded guilty November 2007 of covering up for Levine and Kiferbaum. John awaits sentencing. (Is there a trend here?)
- Steven Loren, Pleaded guilty September 2007 “in the attempted extortion of an investment firm that sought business from the teacher-pension fund.” Steve awaits sentencing.
- Tony Rezko, Convicted June 2008. Volunteered to be incarcerated. Disappeared down the Federal Rabbit Hole and hasn’t yet surfaced. Tony has told associates that he expects his friend Barack to eventually pardon him. Anyone want to bet against that?
- Ali Ata, Pleaded guilty April 2008 to not reporting $1.2 million in income from a Rezko deal, for lying to the FBI, and, as a bonus, admitted he got a well-paying state job at the Illinois Finance Authority from Rezko. Ali awaits sentencing.
- Abdelhamid Chaib, Pleaded guilty July 2010 of interfering “with the administration of internal revenue laws” in a Rezko business transaction. A.C. was sentenced to three years of probation and ordered to pay a $50K fine.
- John Harris, Pleaded guilty October 2009 of helping Dead Meat try to sell Barack’s Senate seat. Another John awaits sentencing.
- Alonzo “Lon” Monk, Pleaded guilty October 2009 of mail fraud and scheming with Dead Meat to “get rich off state deals and split the money with Rezko and Kelly.” Lon awaits sentencing. What a surprise!
- Anita Mahajan, Sentenced to four years of probation in August 2011 and, as the Trib reported, “ordered to pay $200,000 in fines and restitution Monday after pleading guilty to billing the state for drug tests her company never performed.” She over-billed the state $2.1 million. “Anita Mahajan, 60, the wife of a major Blagojevich fundraiser, dabbed at her eyes with a tissue and apologized as she stood before Judge James Obbish to plead guilty to a reduced count of theft of $99,900.” You’d cry, too, if you got off so light for stealing two-mil from Illinois taxpayers.
One more not mentioned by the Sun Times…
- Joseph Cari, Pleads guilty in September 2005 of involvement in an extortion scheme that aimed to steer state pension business to companies in exchange for campaign contributions to a public official described in court docs as “Public official A [as in Dead Meat].” In August 2011, Joe – a close friend of Joe Biden – was sentenced to three years of…wait for it…wait for it…yes, pro-ba-tion. Oh, the state pension fund was for school teachers.
Rezko’s sentencing is pending. Anyone want to bet against him being sentenced to time served (Where?) and three years of probation?
It’s all part of the Exterminator’s Catch & Release Program for the Cockroaches.
Hat tip: Chicago news humorist John Kass. He’s such a kidder.
Patrick Fitzgerald: Intrepid Crime Fighter? Or, Politically-Driven Leaker? The Regime’s Undertaker (Part 7)
Hugo Floriani, Investigative Reporter
When the Obama Regime wants a story buried who does Eric Holder’s Department of Selective Justice call? Fitz, the Undertaker. For example…
Fitz’s Alleged Investigation into the John Adam’s Project
On March 19, 2010, Newsweek (linked by The Daily Beast) was among the MSM outlets that ever-so-briefly reported that “Holder Taps Fitzgerald for Gitmo Photo Probe.”
“Attorney General Eric Holder Jr. has tapped the Justice Department's most feared [reinforcing the Untouchable Myth] prosecutor, Patrick Fitzgerald, to lead a sensitive investigation into whether defense lawyers at Guantánamo Bay compromised the identities of covert CIA officers. The probe was triggered by the discovery last year of about 20 color photographs of CIA officials in the cell of Mustafa Ahmed al-Hawsawi, an alleged financier of the 9/11 attacks, say three current and former government officials who asked not to be identified talking about an ongoing case.”
The subject of the alleged investigation was the ACLU’s John Adam’s Project. Don’t remember it? That’s understandable. It only briefly popped up on the lame stream media’s radar, and then – presto – it vanished.
FOX’s Bill O’Reilly covered the story at the time.
O’Reilly followed up in this interview with conservative pundit Ann Coulter.
It seems there was, and probably still is, a dispute between the Regime and the CIA. On May 27, 2010, in a piece written by Marc Thiessen for the Journal of the American Enterprise Institute, Thiessen stated,
“The Justice Department reportedly clashed with the CIA over investigating the John Adams Project—with the CIA complaining that Justice did not take seriously enough the threat the ACLU’s actions posed to CIA officials.
The Left is—of course—up at arms over the Miller amendment, calling it a “McCarthyite attack” on the al Qaeda lawyers and criticizing House Democrats for going along with the amendment.” [Follow the links for details]
That would, of course, be the same “Left” that heralded Fitz’s dogged pursuit of the leaker in the Valerie Plame case, long after Richard Armitage confessed.
The question is: In the last 19 months what’s become of the Undertaker’s dogged pursuit of the truth in the John Adam’s Project? Answer: Zip, zero, nada. It’s been buried by an administration politically amenable to the project’s objectives – i.e., exposing the identities of the CIA interrogators of terrorists. Buried by Fitz, the Regime’s Undertaker.
Patrick Fitzgerald: Intrepid Crime Fighter? Or, Politically-Driven Leaker? The Timing of the Blago Arrest and the Willing Suspension of Disbelief (Part 3)
Hugo Floriani, Investigative Reporter
Completely believing Patrick Fitzgerald’s publically stated explanation concerning the timing of the arrest of Illinois Governor Rod Blagojevich in December 2008 – “we’re in the middle of a corruption crime spree, and we wanted to stop it” – represents what one popular politician once called “the willing suspension of disbelief.”
The “we wanted to stop it” part is obviously true. The motive, though, is…well, questionable. Disbelief requires presenting an alternative explanation necessarily based on circumstantial evidence. Does that lean into conjecture? Sure. Might it also come closer to the truth than the official version announced in the press conference held in the wake of the arrest of Blago? That’s for you to eventually decide.
The link to the complete transcript of the Press Conference hosted by Patrick Fitzgerald after the arrest of Blago is found here. The 47-minute video version is available in total, and in brief episodes:
We’ll start toward an alternative understanding of what happened, but not finish yet, by parsing portions of that press conference, looking for the back story of why Fitzpatrick decided to pull the trigger on the arrest of Blago, who’d been under investigation for years, at that particular time. Remember, it was December 9, 2008. Approximately one month after the election of former Illinois Senator Barack Obama to the Presidency.
Here are the transcripts of several exchanges, with the starting time in the video linked above at the beginning of each question.
[14.13] Question #1: Mr. Fitzgerald was this done today in an effort to head off the appointment of someone to fill Barack Obama’s senate seat? Was it – was it so imminent that that’s why you had to step in?
MR. FITZGERALD: I would say that we decided that this required unusual measures and there are a lot of things going on that were imminent. There's a bill sitting on a desk that we think a person who was supporting that bill has been squeezed to give $100,000. And to let that bill be signed, to me, would be very, very troubling.
There's a hospital -- a children's memorial hospital -- believing that it's getting $8 million, but its CEO has not coughed up a campaign contribution, and the thought that that money may get pulled back from a children's memorial hospital is something that you cannot abide. There is an editor that they'd like fired from the Tribune, and I laid awake at night, worried whether I'd read in the paper in the morning that when there were lay-offs, that we'd find out that that person was laid off.
The complaint -- the complaint lays out, in there in fact, when there were layoffs, there were conversations to find out whether the editor who should of -- they thought should be fired, and he wasn't. And the governor was asking whether there would be more layoffs. So we have a governor in this modern times, the only one who's looking for more layoffs. You take that, what's going on and add it to the fact that we have a Senate seat that seemed to be, as recently as days ago, auctioned off to, you know, to the highest bidder for campaign contributions. And Governor Blagojevich, own words, on the -- on the tape or the bug that set forth in the complaint, talked about selling this like a sports agent.
QUESTION: Couldn't you...
MR. FITZGERALD: So -- so -- I'm just -- and so, we stepped in for a number of reasons. Basically, as I said before, we're in the middle of a clutching crime spree, and we wanted to stop it.
Comment: The question, and Fitzpatrick’s answer, assumes that once Blago appointed someone to Obama’s seat that person was immediately – presto – a U.S. Senator. The subsequent and multiple legislative steps, and the accompanying length of time, that passed after Blago named Roland Burris before Burris was sworn in as a U.S. Senator disproves that assumption on its face.
The timing of the arrest let person or persons prepared to engage in the buying of a Senatorial seat off the hook. And, furthermore, none of the “imminent” events to which Fitzpatrick referred – the possible firing of a newspaper editor, a bill in the Illinois legislature, state money denied to a children’s hospital – were irrevocable if the USAO had waited until a deal between Blago and another party was consummated.
It would be like arresting one drug dealer while he was negotiating a price on a shipment of heroin with another drug dealer in order to stop the crime. One gets away to buy another day.
[15:57] QUESTION #2: You said twice that we shouldn't cast dispersions {sic}on people who we think we recognize within a complaint. Does that mean that all of these people are beyond blame in any way? I mean some of the things in the complaint point a very, kind of, a tacky finger at some people, their willingness to play. And if pay-to-play is illegal. Isn't the willingness to play also culpable if you didn't charge today?
FITZGERALD: OK, there -- what -- what I'm trying to say is this: Look, we never give -- you know, and I think anyone who's from Chicago knows, you've heard it a thousand times -- we don't give clean bills of health. And what I've always been afraid of is you can say, you know, did -- did Carlos or me -- are we in trouble? I'm never going to say no, because that's just our practice, but I don't want people, when they answer those questions, to imply that someone is in trouble.
What I'm trying to do it is explain caution about a complaint. When someone says something that's on tape, largely, they're stuck with it. But when someone says something on tape about someone else, you usually want to do more investigation to verify what it is that happened.
And we're going to do that investigation and verify what it is that happened, what didn't happen, what the circumstances are.
There may be people who had no idea what was going on, had no idea they were being discussed. There may be other people who were involved in things they shouldn't have been involved in. And we're going to sort that out, and we're going to see, you know, some things will be black and white and some things be shades of gray.
Comment: The brief answer to the question (underlined) is, apparently, no. The person(s) negotiating price with Blago were cut-outs that left the person(s) they represented the option of a credible denial – long an effective tactic among Chicago pols. It’s the Sergeant Schultz Defense: “I know nothing.”
As at least one of those potential deals moved toward consummation, the façade of credible denial would be seriously damaged by an exchange of money. Might that person, who stood to buy the Obama seat, have been the one Fitzpatrick was protecting by arresting Blago before money changed hands? More on that in Part 4.
[18:12] Question #3: ... Also, would you address the fact -- and I know you referred to this -- would you just address whether or not President-elect Obama was aware that any of these things were taking place?
MR. FITZGERALD: OK. I'm not going to speak for what the president- elect was aware of. We make no allegations that he's aware of anything. And that's as simply as I can put it…
Comment: This is an artful dodge of the question. He didn’t say yes. He didn’t say no. He didn’t say he didn’t know. He said he can’t speak for what Obama was aware of. Well, of course he can’t.
[28:30] Question #4: Mr. Fitzgerald, would you make clear just something about the timing here? When the Tribune ran its story a few days ago revealing that the governor was being taped, would you explain -- and I think some of this is laid out in the complaint -- did further taping take place or did that essentially terminate your ability to listen in?
MR. FITZGERALD: Well, what I would say is, to back up and to the extent that there have been articles, I'm not confirming or denying the accuracy of the articles. You can compare them against what happened.
I will say this, as you guys know, you guys are in the information business of getting it and publishing it, and we're in the information business of getting it and using it.
About eight weeks ago, before we had the bug installed and before we had the wiretap up, we were contacted by the Tribune to comment or confirm or deny on a story that they were going to run.
Had they ran that story, we thought we'd never have the opportunity to install the bug or place the telephone tap. And we made an urgent request for the Tribune not to publish that story.
That is a very rare thing for us to do and it's an even rarer thing for a newspaper to grant. We thought that the public interest required that the story not run…etc, etc, etc.
Comment: The complete answer goes on for 428 words. The net result of it is that the Tribune exposed a key element of an ongoing criminal investigation at a critical moment in that investigation and, according to Fitzpatrick, “I appreciate that and respect what they did.” Really? Well, perhaps he did.
[32:15] Question #5: QUESTION: You spoke before about if Senator -- you didn't know the awareness that Senator -- or President-elect Barack Obama knew about this. So is it safe to say he has not been briefed? And can you also tell us if any phone calls that were made to President-elect Obama that you intercepted, or to Rahm Emanuel?
MR. FITZGERALD: Anna, I'm not going to go down anything that's not in the complaint. And what I simply said before is, I'm not -- I have enough trouble speaking for myself, I'm never going to try to speak in the voice of a president or president-elect. So I simply pointed out that if you look at the complaint, there's no allegation that the president-elect -- there's no reference in the complaint to any conversation involving the president-elect or indicating that the president-elect was aware of it, and that's all I can say.
Comment: Another dodge.
[37:40] Question #6: QUESTION: I got a question -- if you could also just clarify again, is discussing a quid pro quo where he, you know, acted criminally versus actually carrying out. I mean, if he's just having conversations about eliminating a member of the editorial board at the Chicago Tribune but nothing is actually carried out, how much of that is just someone trying to be a tough guy and how much of that is criminal behaviors?
MR. FITZGERALD: Well, you hit on two questions. One is a legal distinction. There is scheming or conspiracy to commit a crime and then there's a substantive crime. We've charged conspiracy or scheming in this complaint.
One of the things we want to do with this investigation is to track out the different schemes and conspiracies to find out which ones were carried out or not and who might be involved in that or not. And that's something we haven't done yet. Now that we've gone overt we'll be interviewing people and figuring that out.
But it is a crime in and of itself for people to scheme to violate the law. That's called conspiracy. Then there's a substantive crime.
As far as how much -- whether or not there people acting like a tough guy or not, I don't want to pre-try the case, but if you lean on someone and leave them to believe their bill is not getting signed unless they give you the money, that is what acting like a tough guy is, it's a crime.
And we can sort through it at any trial as to what was said, what was followed through, but it is a crime to conspire to shake someone down.
Comment: The USAO was after only one criminal. Blago. The other criminals who were conspiring to commit a crime by buying a senate seat, which is a crime in and of itself, got a pass.
[39:00] Questions #7 & #8: Sir, just to be crystal clear and to make clear, you're not aware of any conversations then that took place with the governor and any member of Barack Obama's transition team, at all?
MR. FITZGERALD: And what I simply said is you can read the complaint. I'm not going to sit here with a 76-page complaint and parse through it. That's all we're alleging. And I'm just -- I'm not going to start going down and saying, did anyone ever talk to anyone?
You can read what we allege in the complaint. It's pretty detailed. Look in the 76 pages. And if you don't see it, it's not there.
QUESTION: You talked about -- you talked about keeping your superiors informed as to what was going on, I'm assuming that means the attorney general.
In the briefings that President-elect Obama had had over the past week with various government departments, would it be possible for him to have been briefed on what was going on here with regard to this investigation?
MR. FITZGERALD: I -- I -- I -- I'm not going to comment on that. I'm not -- I'm not -- I'm not the briefer. I'm not at those meetings.
But I would simply say that this was very close hold in Washington, and on a need to know basis. So, I'm -- but I'm not going to -- I'm not the briefer, so I'm not going to represent what happens. But -- I'll leave it at that.
Comment: Note the stuttering in the second response. The U.S. Attorney is becoming uncomfortable with both the questions and his responses. What’s wrong with saying, “I assume the man about to become our President is told everything he needs to know as he prepares to assume leadership of our federal government. And the pending arrest of the governor of a large state certainly falls into that category.”
So what does this official explanation about stopping a corruption crime spree in progress suggest? Was it timed to aid a children’s hospital? Stop an unidentified newspaper editor from potential unemployment? Circumvent some Illinois legislative misdeed? Stop the immediate and irrevocable appointment of a U.S. Senator to fill Obama’s seat?
That’s the official explanation, and the one ultimately accepted by the Chicago big media. But is there a more complicated, yet cogent, back story? Yes there is.
Stand-by.