A Just Cause by Sieracki Bernard; Edgar Jim;

Author:Sieracki, Bernard; Edgar, Jim;
Language: eng
Format: epub
Publisher: Southern Illinois University Press

Chapter 6

The Trial

The First Day

Hours before the trial began, lead prosecutor David Ellis and the prosecuting team received some reassuring news. The house assistant prosecutor, Michael Kasper, called Ellis from Chicago and said, “You won’t believe what I’m holding.”1 The prosecution had been asking for access to the FBI recordings since the investigative committee was formed, but the US attorney, Patrick Fitzgerald, was reluctant. He did not want to divulge any information that would jeopardize the federal government’s upcoming criminal case. Just before the trial, Fitzgerald compromised and agreed to release four limited segments of the tapes. Ellis was elated. The small segments gave him what he needed—the governor’s actual voice, incriminating himself.

In addition, Daniel Cain, the FBI special agent who had signed the affidavit attesting to the accuracy of the recordings, was given permission to provide restricted testimony. With Special Agent Cain, Ellis had a real person before the senate who could address the criminal affidavit. He would not need the testimony from the house members he had earlier identified as potential witnesses. His trial strategy now was established: he would develop cause by presenting the criminal arguments contained in the affidavit used to arrest the governor, aided by the governor’s own words and with Cain’s testimony to validate the recordings; introducing the sworn testimonies of the convicted Blagojevich fund-raisers Ali Ata and Joe Cari to establish the governor’s involvement in pay-to-play activity; and establishing maladministration and malfeasance using the ongoing JCAR case and the audits concerning the flu vaccines and I-SaveRx program.

At exactly 12:01 P.M. on January 26, 2009, the senate was called to order. On normal session days, senators slowly amble into the chamber, and after the customary prayer and Pledge of Allegiance, those present press their desk buttons to record their attendance and press the buttons of their colleagues who have not yet arrived on the senate floor. As the schedule for the day’s business is decided, one can hear muffled floor discussions and people talking on phones, while staffers move up and down the aisles. This day was different. Every senator was at his or her desk, and a limited staff was instructed to remain at the rear of the chamber. The room was silent, and the face of each senator illustrated the solemnity of the task at hand. For only the second time since statehood, the Illinois senate was about to convene a trial to remove a state officer. The silent audience members in the galleries were merely spectators watching the drama playing out before them, but they were fully engaged and aware of the momentousness of the occasion. Before them Illinois history was being created, not with loud alarms, trumpets blaring, and passionate speeches, but with the solemn dignity, formality, and precision of a courtroom.

Access to the senate galleries was restricted, partly because of the many house members and state officers who wished to witness the historic event, partly because of public demand, and partly for security reasons. Attendance at the trial was subject to approval by the senate president’s office.

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