Emanuel, Jackson testify at Blagojevich retrial

Rod Blagojevich’s attorneys launched his defense Wednesday in his corruption retrial, summoning Chicago Mayor Rahm Emanuel and U.S. Rep. Jesse Jackson Jr. to testify briefly that they did not know of any arranged deals with the ousted governor over President Barack Obama’s vacant Senate seat.

Emanuel testified for less than five minutes and answered just a handful of questions. The former White House chief of staff told jurors with a one-word ‘no’ that he never was asked directly by Blagojevich to help the then-governor get a top job in return for appointing someone to the Senate.

Prosecutors did not ask any questions in cross-examination.
Among other charges, Blagojevich is accused of trying to sell or trade the Senate appointment for campaign cash or a top job.
Jackson, who was on the stand only about 30 minutes, testified that he never authorized anyone to tell Blagojevich that his supporters could raise money for the former governor if he made Jackson a senator.

Jurors had heard testimony about a supporter of Jackson who allegedly offered millions in campaign donations if the governor named Jackson to the seat.

Asked by defense attorney Aaron Goldstein if he ever offered to raise money in return for Blagojevich naming him, Jackson said firmly, “No I did not.” Jackson, a Chicago Democrat, is not accused of any wrongdoing in the case.

Under cross-examination of Jackson, prosecutors focused on an incident that is not part of the case on trial, one in which Blagojevich once considered Jackson’s wife for a position as head of the Illinois lottery. In his testimony, Jackson said his wife didn’t get the promised appointment after Jackson refused to give Blagojevich a $25,000 campaign donation.

Jackson said when he met with Blagojevich in 2003 after someone else was appointed to the lottery job, Blagojevich snapped his fingers and said, “You should have given me that $25,000.” Jackson says Blagojevich made the comment while mimicking the voice of the former governor’s idol, Elvis.

In Blagojevich’s first trial last year, his attorneys rested without calling a single witness. The jury later deadlocked on 23 of the 24 counts against the former governor, including the Senate seat allegations. Jurors agreed only on convicting Blagojevich of lying to the FBI.

Blagojevich, who denies any wrongdoing, faces 20 charges at his retrial. Among the allegations is that he attempted to shake down Emanuel’s Hollywood agent brother to raise political contributions for him.

The sight of a sitting Chicago mayor on the witness stand in a federal corruption trial — in addition to a congressman who is the son of a civil rights icon — is sure to heighten the drama of a case that had been shaping up as an accelerated but less theatrical version of the first trial last summer.

After weeks of crowds far smaller than during Blagojevich’s first trial, there was a crush of people trying to get into the downtown Chicago courthouse Wednesday morning. Long lines with dozens of people waiting to get in snaked through the lobby.

Many people asked reporters if anyone had seen Emanuel. Marshals with dogs wandered the lobby and numerous other police officers stood watch.

Blagojevich himself didn’t speak to reporters as he walked into the building Wednesday.

Just before the defense was set to call their first witnesses, Blagojevich’s attorneys filed a motion asking that he be acquitted of all charges, arguing that three weeks of government testimony about his allegedly criminal conversations “amount to nothing more than hot air.” The judge could rule on the motion sometime Wednesday Blagojevich’s attorneys had suggested they wanted to call the two elected officials to help them argue that Blagojevich’s actions and conversations were merely part of the normal give-and-take of politics, and not crimes. Both have been under subpoena in the case since before Blagojevich’s first trial last year.
It’s a delicate decision because calling such high-profile witnesses can backfire.

“All these witnesses can end up hurting you far more than they can help,” said Phil Turner, a former federal prosecutor in Chicago.
“They’re land mines. You’ve got to be really, really careful.”

Emanuel, who’s also not accused of any wrongdoing in the case, was involved in communicating to Blagojevich’s team the preference of the White House on potential nominees, and Blagojevich’s attorneys say the governor eventually wanted Emanuel to help broker a legitimate deal to fill the seat.
But the defense will have little control over most witnesses’ answers.

“It’s Defense Lawyer 101: You don’t put on witnesses unless you know exactly what they’re going to say beforehand,” said Gal Pissetzky, a Chicago-based defense attorney who frequently argues in federal court.

The one comparatively predictable witness would be Blagojevich himself. Unlike the first trial, in which the former governor did not testify after vowing to do so for months, Blagojevich’s attorneys have indicated he is likely to take the stand this time.

If he’s been prepared well by his attorneys and can maintain his cool under cross-examination, Turner argued that the twice-elected governor could be a formidable witness.

“He has the capability, anyway, of being very persuasive and not coming across as crazy if he puts his mind to it,” Turner said.
But prosecutors, all of whom have devoted years to the case, would salivate at the prospect of being able to grill Blagojevich.