They compare the upcoming proceedings to a political lynching
By Jeff Coen, Ray Long and Ashley Rueff | Tribune reporters
January 17, 2009
With Gov. Rod Blagojevich's Senate impeachment trial looming at month's end, his legal team abruptly announced Friday that it would boycott the proceedings, likening them to a political lynching. Though the decision raised the possibility that the governor won't have an attorney as the proceedings begin, Senate President John Cullerton (D-Chicago) said he still planned to start the trial Jan. 26 as scheduled."He can get another lawyer. He's a lawyer himself," Cullerton said. "If he chooses to not have a lawyer, that's up to him."
After wrestling over strategy for the last few days, lawyers Edward Genson, Sam Adam and son Sam Adam Jr. acknowledged they would not be present when the Senate begins weighing Blagojevich's removal from office. The governor endorsed their move, the lawyers said. Genson, who recently complained bitterly before a House impeachment panel that he was "fighting shadows" as he defended Blagojevich, said he would not file an appearance with the Senate as scheduled. Genson said the inability to call witnesses—or to know the identities of some parties in alleged pay-to-play schemes at the center of the accusations against Blagojevich—makes it impossible to defend him.
Even if no attorney for the governor files an appearance at the trial, Blagojevich would be considered to have pleaded not guilty under the Senate's rules, Cullerton said. The governor is not expected to be present.
Blagojevich's other lawyers, Adam and Adam Jr., said they couldn't in good conscience represent the governor in a Senate trial without due process of law, saying they refused to take part in a "Potemkin-like lynching proceeding." The younger Adam said the legal team had considered filing a motion calling themselves ineffective because of the Senate rules, but eventually decided not to appear at all. "They have set it up to have the outcome before the trial," he said. "How is that fair?" [...]
I'm sorry; was anyone anywhere under the remote impression that this ... well, it would be too polite to call it a "trial" ... was supposed to be fair? Or even look fair?
This ... event, let's call it, is all about getting Blagojevich out of the way. The state simply can't function with him in office any more. Unfortunately for him and for us, we don't have a recall option -- which would take too long in any event -- and he won't resign (and in a weird way, I can't say as I blame him; after all, he hasn't yet been convicted of anything). Thus, we're left with this. And this will be the kangarooniest of kangaroo courts. Nothing about it is likely to be fair, or to be well regarded by history in the future. To be sure, there's supposed to be a real judge presiding over the Event, and that person may demand something in the way of actual due process, assuming that the rules allow for it. However, given that the evidence and potential witnesses against Gov. Greathair have all been effectively sequestered by the government, I'm not sure how any real due process can be found.
It really will all come down to whether or not the presiding judge does what is expected of them, or does what is right. If they do what is expected of them, then the governor will be convicted of crimes for which he has not been allowed to mount an effective defense. If they do what is right, then the impeachment will end in a mistrial, if that's even possible. Because -- and I say this as one who devoutly wishes that the man would get himself gone -- this impeachment proceeding clearly is not right, in any real sense of the word.
Posted by iain at January 19, 2009 02:15 AM
