The last stand of the battle over time: Dad returns
May 13, 2010 at 10:40 pm
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The older kid-referee is busy telling the inconsolable kid what he has decided when Dad comes back, looking rather grumpy, put out. He says that using the “I’m telling” approach isn’t appropriate, that he should just accept the rules and play nice. And besides, he shouldn’t be arguing that the game’s unfair before it has even been played. Dad says sleepily, “You two get on with the game, and after one of you has won and one of you has lost, if there’re any problems, then come get me. Otherwise, leave me alone.”
While I was writing today’s post, Judge Zagel was likewise busy writing an order. He said that his “He’s right it’s stupid” order of the court was already moot before he wrote it. Chasing the short paper trail into the 7th Circuit Appellate Court uncovered the reason. Forget what was previously said about higher courts and timely decisions: This one was made at lighting fast speed. The Appellate Court denied Blagojevich’s request before Zagel could speedily deny his request. The higher court said that the defendant might have a point if the honest services charges were the only charges he faced, and they also said—as Zagel had independently written in his order—that if there is an error, these issues could be addressed via the appellate process after the trial is over.
Blagojevich desperately needs some good news. Speaking of the prosecution drumbeat, Zagel also granted the prosecution’s motion to limit the cross-examination of Tony Rezko, specifically making Rezko’s drug use, social behavior and possible mental illness as issues that will be unimpeachable by the defense. The 5,000 pound elephant in the courtroom may be poised to do a David Copperfield, and disappear, but it might also handicap the prosecution’s ability to use Rezko because they will have to carefully navigate his narrative through the corridors of his drug years without opening any of the doors in what might be a long hallway. But make no mistake, things will disappear when it comes to the revelations of Rezko. During the fraud trial of HealthSouth CEO Richard Scrushy, the defense put one of HealthSouth’s founders on the stand and he could have been a treasure-trove for the prosecution’s cross-examination. One problem. The man had Parkinson’s disease. At the first question he was asked by the prosecution he said: “I don’t really remember much of the 90’s.” He was off-limits. There was nothing they could do and there may be little Blagojevich can do either.
Stay tuned. Things are heating up and we’re still three weeks away. Same as we were this morning.
While I was writing today’s post, Judge Zagel was likewise busy writing an order. He said that his “He’s right it’s stupid” order of the court was already moot before he wrote it. Chasing the short paper trail into the 7th Circuit Appellate Court uncovered the reason. Forget what was previously said about higher courts and timely decisions: This one was made at lighting fast speed. The Appellate Court denied Blagojevich’s request before Zagel could speedily deny his request. The higher court said that the defendant might have a point if the honest services charges were the only charges he faced, and they also said—as Zagel had independently written in his order—that if there is an error, these issues could be addressed via the appellate process after the trial is over.
Blagojevich desperately needs some good news. Speaking of the prosecution drumbeat, Zagel also granted the prosecution’s motion to limit the cross-examination of Tony Rezko, specifically making Rezko’s drug use, social behavior and possible mental illness as issues that will be unimpeachable by the defense. The 5,000 pound elephant in the courtroom may be poised to do a David Copperfield, and disappear, but it might also handicap the prosecution’s ability to use Rezko because they will have to carefully navigate his narrative through the corridors of his drug years without opening any of the doors in what might be a long hallway. But make no mistake, things will disappear when it comes to the revelations of Rezko. During the fraud trial of HealthSouth CEO Richard Scrushy, the defense put one of HealthSouth’s founders on the stand and he could have been a treasure-trove for the prosecution’s cross-examination. One problem. The man had Parkinson’s disease. At the first question he was asked by the prosecution he said: “I don’t really remember much of the 90’s.” He was off-limits. There was nothing they could do and there may be little Blagojevich can do either.
Stay tuned. Things are heating up and we’re still three weeks away. Same as we were this morning.
