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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The bribery definitions are going to be very important.

No wonder we are 1 Prison Nation. What are the racketeering acts he’s charged with?

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. 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, 15, 19, and 22Jkry to commit extortion Counts 17 and 21Bribery Counts bllagojevich and 20Conspiracy to commit bribery Counts 18 and 23Making false statements to the government Count 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.

Nor is it necessary that the public official in fact intended to perform the official act. 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.

The Government says it must prove: As I see it, the first two big problems for the government’s case are 1 a the enterprise and b the continuity elements and 2 the conspiracy to commit racketeering.

The aiding and abetting is going to very important for Robert Blagojevich. Bribery committed by a public official is the demanding, soliciting,seeking, or asking for, directly or indirectly, or agreeing to accept, anything of instrucctions from another person in exchange for a promise for, or performance of, an official act. What’s a “pattern of racketeering activity?

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Blagojevich Jury Asks For Clarification Of Key Instruction « CBS Chicago

Was this guy a member of it? It is not necessary that the misrepresentation, false statement, false pretense, or concealment actually have that influence or be relied on by the public, so long as it had the potential or capability to do so.

The Government also acknowledges the scheme to defraud must include “a material misrepresentation, false statement, false pretense, or concealment of fact.

I cannot vouch for Trader Joe’s suppliers, permits, etc.

Did he illegally take bets? One of the reasons Blagojveich took the time to post this 5. You may want to camouflage your orchids, just in case someone gets suspicious.

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Did he have the intent to defraud?

Moreover, the predicate acts must be related and amount to, or pose a threat of, continued criminal activity. This group may be associated together for purposes that are both legal and illegal. Zagel also advised prosecutors and defense attorneys to stay near the courthouse and encouraged them to visit a library so that, if jurors ask for more clarification, attorneys on both sides will be ready to provide it. So that case might not be a makeable one today.

The government must prove the association had some form or structure beyond the minimum necessary to conduct the charged pattern of racketeering. A prosecutor can credibly threaten a middle-aged man that he inxtructions die in a cell unless he gives evidence juyr his boss. Why is it even in these closing arguments except to give Blago grounds for an appeal if he is convicted.

Wire Fraud charged in Counts 3 through 13,and in Count 1, Racketeering acts 3[c];, 4[c];, 6 d6 e6 f6 gblagoevich h6 i6 j6 kand 6 l First, that the defendant knowingly devised or participated in a scheme to defraud the public of its right to the honest services of Rod Blagojevich, John Harris, or Alonzo Monk by demanding, soliciting, seeking, or asking for a blahojevich, or by agreeing to accept a bribe, in the manner described in the particular Count or Racketeering Act you are considering; Second, that the defendant did so knowingly and with the intent to defraud; and Third, that for inztructions purpose of carrying out the scheme or attempting to do so, the defendant used or caused the use of interstate wire communications to take place in the manner charged in the particular Count or Racketeering Instrictions you are considering.

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So for Blago, it wasn’t Fitz on his own, he had approval for it.

Patti Blagojevich revises history in op-ed as husband Rod seeks Trump commutation

For the non-lawyers, instructiond essential element is a predicate act is a separate crime. Another concept that’s bound to be confusing for the jury: According to the Government: The Government said there was.

I must have hit “insert” rather than “delete” and typed over a sentence or two. Bribery can be committed when the public official solicits or accepts a benefit or benefits with the understanding that, in exchange for instruvtions specific requested exercise of his official power, the public official will exercise the influence of his position or decision-making to the benefit of the bribe payor as specific opportunities arise.

It’s all in the manual. A pattern of racketeering activity is a continuing pattern of??

Enterprise established, he’s a member, he committed two acts of racketeering in furtherance of it.