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Legal News

: Lawbeat

Pat Fitzgerald's quote spree

By Mark Obbie

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What a day it was for legal reporting in Chicago. On the one hand, U.S. Attorney Patrick Fitzgerald is a reporter's dream come true. The man is a quote machine! Behold:

Governor Blagojevich has taken us to a truly new low. Governor Blagojevich has been arrested in the middle of what we can only describe as a political corruption crime spree....Blagojevich and others were working feverishly to get as much money from contractors, shaking them down, pay to play, before the end of the year....At the end of the day, the conduct we have before us is appalling....

His press-conference sidekick, the FBI's Rob Grant, was almost as good:

If it isn't the most corrupt state in the United States, it's certainly one hell of a competitor....the FBI agents that participated in this wiretap investigation, were thoroughly disgusted and revolted by what they heard, and I think even the most cynical agents in our office were shocked....

On the other hand, I must ask: WHAT THE HELL???? For decades, DOJ officials have played the demure, rules-bound mute, declining to answer questions, much less make closing arguments, when charging defendants with crimes. So what explains today's flood of colorful -- some might say highly prejudicial -- language? And how might this change future press-prosecutor relations? Some themes emerge from the day's events:It's a strategy: The Justice Department wants to force Rod Blagojevich into a quick plea agreement by burying him in incriminating evidence that is so damning politically, not to mention criminally, that he has no choice but to flip or cave.It's spin: Given how damning the cumulative effect of the charges and wiretap quotes are, it's hard to imagine that we're watching one side simply play the press against an opponent. But a skeptic might wonder whether the government, as advocate and adversary, is hiding something not quite so favorable to its case. Today's reports are so hopelessly pro-government, the whole thing reeks of a preemptive move. It's anarchy -- and a headhunter's gift: Fitzgerald works for a lame-duck administration. Playing Eliot Ness one last time buffs his resume. And who's going to come down on him? Some short-timer White House hack or DOJ "boss"? It's just good government: Perhaps Fitzgerald, by most accounts the straight-shooter prototype, was so offended by what he saw -- understandably -- that he dropped all pretense of fair play and pretrial discretion, and simply told Illinois voters what was what. Whatever prompted the onslaught, how can DOJ ever claim again with a straight face that it cannot comment beyond the spare language of the charges? Evidently the rules are a hypocrite's refuge, as we always knew they were.

Full post as published by Lawbeat on December 09, 2008 (boomark / email).