Blagojevich defense asks for time for anonymous witness needing Secret Service

[July 13, 2010]  CHICAGO -- Former Illinois Gov. Rod Blagojevich's defense team brought a dictionary to federal court on Monday, but his attorneys did not need Merriam-Webster to define "filibuster."

And a defense motion revealed the former governor on trial for corruption is aiming pretty high in his witness list. Blagojevich's attorneys are asking the judge for a weeklong continuance after the prosecution rests because it has to "(coordinate) with the Secret Service" for one high-profile, anonymous witness.

The defense has repeatedly tried to subpoena President Barack Obama and several members of his administration.

Sam Adam Sr. delivered a rare public statement about the motion, saying a denial would represent a direct violation of Blagojevich's Sixth Amendment rights.

"We're stuck without our witnesses," he said. "We have a constitutional right to call witnesses."

Those witnesses, he says, will need plenty of preparation -- and Secret Service agents. He said the defense plans on calling White House Chief of Staff -- and alleged Obama emissary -- Rahm Emanuel, and former Obama staffer -- and almost-Illinois senator -- Valerie Jarrett to the stand. Adam Sr. did not mention Obama, but the defense has unsuccessfully tried to subpoena the former Illinois senator in the past.

But federal Judge James Zagel has denied multiple defense motions for a continuance since the trial's start. So, the defense team on Monday embraced a different means of slowing down court proceedings.

Blagojevich attorney Aaron Goldstein went line by line through taped conversations between Blagojevich and former Deputy Gov. Bob Greenlee -- a normal line of questioning for a corruption trial shaped almost entirely around FBI wiretaps. That is, until Goldstein began asking the witness about dictionary definitions and punctuation marks.

Monday's proceedings were one-part grammar class, one-part former President Bill Clinton impeachment, as the defense attorney spent four hours exploring leaves that needn't be turned, according to Zagel.

"It's become a waste of time," he said, threatening to put a stop to a repetitive line of questioning.

Goldstein's questioning got off to an odd note, as well.

"You're an English speaker, aren't you?" he asked Blagojevich's former No. 2.

Goldstein's sarcastic cross-examination of Greenlee tested the limits of Zagel's patience, along with the former deputy governor's command of the English language. He asked Greenlee to define his understanding of question marks, conditional statements and the meaning of the word "could." Greenlee was game for much of the examination, though the judge cut off some of Goldstein's more aggressive questions, including his request to bring the witness a dictionary.

Goldstein's most piercing examination focused on the allegations that Blagojevich withdrew state assistance to a Chicago children's hospital because the organization fired lobbyist John Wyma, a friend of the former governor.

"So we could pull it back if we needed to? Budget concerns, you know," Blagojevich asked Greenlee on a Nov. 12, 2008, wiretap.

"I understood him to say he didn't want it done and he would let me know (otherwise)," Greenlee said of the statement.

But Goldstein pointed out that the governor was asking a question, not issuing an order, leading to his queries about Greenlee's punctuation prowess.

"He gives you directives, doesn't he?" He asked. "Was there any follow-up?"

Greenlee testified that he did not follow up with the governor about reinstating the assistance to Children's Memorial Hospital, nor did he try to confirm what he believed his orders to be.

If Goldstein was trying to label Greenlee a "yes man," his job might have been done, but he was not finished with the witness. He pursued the same line of questioning for every bit of Greenlee's three-day testimony. Conflict arose as abrasive questions begot answers of a similar manner.

"You worked for the governor, correct?" Goldstein asked.

"I didn't work for the governor, I worked for the people of Illinois," Greenlee shot back.

Zagel grew tired of the attorney after several hours, as well.

"I think (you have) exhausted the witness," he said. "You have been very repetitive. You have a witness here who doesn't know much."

The seeming semantics of Goldstein's cross-examination could benefit the defense. His questioning about the conversations and the meaning of Greenlee's words can raise doubts among jurors about the veracity of his testimony. But, more importantly, it could help buy the defense more time to prepare.

The prosecution hopes to rest its case by Tuesday afternoon, weeks ahead of the August wrap-up that was initially expected. Zagel has denied the defense multiple motions to postpone the start of its case to Monday.

But Goldstein and his colleagues can essentially delay court proceedings by going into great detail during cross-examination. Such a move could delay the start of the defense case until after the weekend, with two more high-profile witnesses to take the stand: Wyma and hospital executive Pat Magoon.

The terse exchange from Greenlee's testimony seemed similar to an infamous Clinton moment when the former president said, "It depends on what the meaning of 'is' is," during an interview about his relationship with intern Monica Lewinsky.

The impeached governor invoked another Clinton-era issue -- namely, the existence of a conspiracy. Goldstein and Greenlee discussed a Nov. 3 wiretap in which the deputy governor told Blagojevich, "If people want to take you down for political reasons, they will use every power at their disposal to do so."

"Did you believe there was a potential political conspiracy against Gov. Blagojevich?" the defense attorney asked.

"I did not believe at the time that there was a likely conspiracy," Greenlee replied.

Former first lady Hillary Clinton once called the investigation against her husband an instrument of a "vast right-wing conspiracy." She is now the U.S. secretary of state.

The defense is challenging the prosecution's narrative, which has been shaped largely around taped conversations between the governor and his former advisers. Many former Blagojevich confidantes have backed away from their statements on the tapes, which show them participating in Blagojevich's alleged conspiracy.

"I was trying to agree with what (Blagojevich) said," Greenlee testified about some of his conversations with the governor. "I was scared to disagree with him. ... I wouldn't be able to do my job."

Blagojevich faces more than 400 years in prison if convicted of more than 20 counts of corruption. He has said he will take the stand when the defense does begin its case.

[Illinois Statehouse News; By BILL McMORRIS]