Blagojevich's Lawyers Don't Do Impeachment

Even more interesting to me than the fact that Blago’s defense attorneys are refusing to defend him in the impeachment trial…

The legal team that has represented embattled Gov. Rod Blagojevich in impeachment proceedings in Springfield has stepped down in protest before the governor’s trial in the Illinois Senate, the Tribune has learned.

Blagojevich’s lawyers said the process has become "fundamentally unfair" because they have had too little time to prepare for the Senate trial and have been denied subpoena power to call their own witnesses.

The governor’s lawyers had been asked to file an appearance on his behalf by Monday. The Senate trial is scheduled to begin Jan. 26.

In a statement, attorney Sam Adam and his son, Samuel E. Adam, said they couldn’t in good conscience represent the governor in a Senate trial "without any due process of law, fundamental fairness or the most basic right to confront one’s accusers."

"We cannot and will not degrade our client, ourselves, our oaths and our profession, as well as the office of the governor, by participating in a Potemkin-like lynching proceeding, thus making it appear that the governor is represented by competent counsel when in fact he is not," the statement said.

Edward Genson, another Blagojevich attorney, said he also is recusing himself from representing the governor before the Senate and agreed the trial would be unfair.

"I had never committed to the Senate trial, and I will not file an appearance," Genson said.

That’s interesting–though likely just a stunt to prevent the impeachment from going off smoothly.

But even more interesting is the notion that Sam Adam Jr.–the guy who brokered Burris’ appointment to the Senate–is refusing to represent "his client." 

That’s because just a few weeks ago, Genson insisted to the IL legislative committee that Adam was not, in fact, part of the defense team. If he wasn’t part of the defense team, then how could he be stepping down now?

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  1. LabDancer says:

    Adams: “a Potemkin-like lynching proceeding”

    The idea conveyed by Potemkin justice refers back through “Potemkin Village”: false-fronts constructed to delude the Russian Empress Catherine into supposing she was viewing evidence of her own subjects having established settlements in lands her own armies had recently conquered.

    For something to qualify as ‘Potemkin’, it must be fake; but for something to be “Potemkin-like” it must be ‘not fake’.

    The word ‘not’ used in this way conditions the word in relation to which it is used to bring about the opposite. The direct antonym to ‘fake’ is ‘real’.

    Granting a more purposive approach to what Adams means requires that it be considered in context, and the imagery regarded as hyperbole. The use of the phrase as a whole may be interpreted thus: ‘notwithstanding its appearance as fake, or figurative. this proceeding is in point of fact a lynching’.

    I for one had not appreciated that the Illinois state Senate had committed quite so dramatically to the idea of reforming state politics by example.

    • bobschacht says:

      I don’t think your analysis of the meaning of “potemkin-like” is valid. If you make a cheezy imitation of a cheezy imitation, its still a cheezy imitation.

      Bob in HI

      • LabDancer says:

        A fair comment – – clearly, I failed to consider the possibility that the cheezy puffs might also be produced from high-shear extruded animal feed.

  2. MadDog says:

    As an impeachment “trial” is a political matter, and not a legal one, it comes as no surprise that Blago’s lawyers feel out of their element and are not interested in participating.

    That and the fact that from almost anyone’s read of the tea leaves (sorry ROTL), conviction is not in doubt.

    Finally, very nice catch EW on Adam’s non-participation participation.

  3. LabDancer says:

    From A Man For All Seasons, and the mouth of Paul Schofield as Sir Thomas More:

    “I trust I make myself obscure”

  4. LabDancer says:

    From the Oxford Dictionary of Proverbs: ” A man who is his own lawyer has a fool for his client.” Who then should most appropriately lawyer for a fool?

  5. BoxTurtle says:

    Those fools are planning to take this into court! They’re behaving like they’re setting up an appeal.

    I doubt any court will interfere with impeachment, it’s a po9litical process not a legal one.

    Boxturtle (I doubt this will delay the senate proceedings more than 15 minutes)

  6. LabDancer says:

    Time for a wee bit of pundit prognostication. We’re in Act V, right?

    “now does he feel his title hang loose about him, like a giant’s robe upon a dwarfish thief … a walking shadow, a poor player that struts and frets his hour upon the stage, and then is heard no more. It is a tale told by an idiot, full of sound and fury, signifying nothing”

  7. MadDog says:

    Not OT – EW, did you see this yet?

    Hastert noted in Blago complaint

    A report published on Thursday names former Speaker of the House Dennis Hastert as “Individual C” in the criminal complaint filed against Gov. Rod Blagojevich…

    …Hastert spokesman Brad Hahn said Thursday that Hastert doesn’t know whether he is Individual C or not, and he “can’t begin to guess” the context of the conversation, or Blagojevich’s intentions. Hastert did work on passing a $25 billion capital bill as part of the Illinois Works Coalition last year. That effort stalled in the House…

  8. Hmmm says:

    Since nobody else has asked this, I guess will: In executive impeachment trials in legislatures, what kind of lawyering help does the impeachee typically hire, and how is that help different from legal help given in ordinary criminal or civil trials?

    • bmaz says:

      think Clinton. He had a battery of attorneys led by Greg Craig; although for my money, by far the most effective was Cheryl Mills. Note that the Democtatic impeachment counsel, who was not technically a “Clinton lawyer” effectively worked as one. The guy’s name was Abbe Lowell and he is one superb attorney and was even more effective than Mills. Blago isn’t going to get any help from the Illinois Congressional Dems like Clinton did. Blago has no friends and is a cooked goose.

      There really is no reason to waste resources or time on the impeachment. He should have played a resignation along with no Senate seat appointment together as a card for getting a criminal plea and been done with all this.

  9. prostratedragon says:

    Re: Whitewashes

    I’m occasionally reminded of a fictional tv commercial for a product called Ecce Homo detergent:

    Pepa: Hello. I’m the mother of the notorious Crossroads Killer. When my son comes home after one of his famous crimes, his clothes are just filthy.
    [Pepa holds up a bloody shirt. The police arrive]
    PolicÌa I: Where are the clothes your son wore…
    PolicÌa II: At the time of the murder?
    [Pepa takes a clean shirt out of the dryer]
    Pepa: Right here. Sparkling clean.
    PolicÌa I: No trace of blood.
    PolicÌa II: Or guts.
    PolicÌa I: Unbelievable!
    [Pepa holds up a box of detergent]
    Pepa: Ecce Homo. It’s unbelievable.

  10. freepatriot says:

    blagoff has the right to a fair trial

    a fair impeachment isn’t a part of the bargain

    and did anybody notice that the blagoff is all in favor of fairness NOW ???

  11. tanbark says:

    The sight of Blago twisting in the wind, as counterpoint to his choice; a smiling, ecastatic, Roland Burris, is too funny.

    Wait until the real pianos start falling. :o)