DoJ left Fitzgerald alone in Blago probe: The Swamp
The Swamp
Chicago Tribune
Posted December 10, 2008 3:40 PM
The Swamp

by Josh Meyer

The prolonged federal investigation into corruption in the office of Illinois Gov. Rod Blagojevich was run almost entirely out of Chicago, with little input or guidance from officials at Justice Department headquarters in Washington, according to several current and former department officials familiar with the case and with U.S. Attorney Patrick Fitzgerald.

They said that while Main Justice has a very active Public Integrity Section that sends prosecutors around the country to work on cases, it has traditionally allowed a handful of large U.S. Attorney's Offices around the country to maintain almost complete autonomy over their cases, even significant political corruption cases involving sitting governors and other lawmakers, the current and former officials said. All of them spoke on the condition of anonymity, citing the sensitivity of such matters and the ongoing investigation.

The officials said the Chicago office is particularly autonomous, in part given its long history of aggressively--and successfully--prosecuting public corruption cases there, including one that led to the conviction of Blagojevich's predecessor, Gov. George H. Ryan in 2006. That autonomy is also due to the respect for Fitzgerald, a veteran prosecutor who has maintained good and close relations with the top leadership of the Justice Department and FBI in Washington.

Peter Carr, the Justice Department spokesman, said he could not discuss specific cases, but Fitzgerald himself suggested that he and his team in Chicago worked the case independently and kept Washington informed of their progress.

``It was very closely held, '' one senior Justice Department official said of the new wrinkles in the long-running Chicago investigation.

A former senior Justice Department official said that given the size of the office and the track record that Pat has developed, particularly in political corruption cases, Main Justice kept a respectful distance.

If you are the US attorney in New York or Chicago, they stay the hell away,'' said the former official. ``The reality is that they wouldn't even try to butt in.''

Asked if he had discussed the case with Attorney General Michael Mukasey or his senior staff, Fitzgerald said that he followed Justice Department procedures for the approval of wiretaps. That meant getting the approval of Robert Grant, the FBI special agent in charge of the Chicago field office, and then apply for approval with the Justice Department's Office of Enforcement Operations in Washington, which oversees the use of the most sophisticated investigative tools--including all surveillance technologies--at the Department's disposal.

Fitzgerald likened OEO to CSI, the high-tech network TV crime show, and said technological and legal experts there ``scrub'' applications for wiretaps to make sure enough probable cause exists to justify approval of the warrants. ``And if they don't think it meets the standards, they'll tell you that and you won't get your wiretap or bug. If they think it does, they'll say yes. And if it needs fixing, they fix it,'' Fitzgerald said at his news conference Tuesday.

From there, the wiretap requests go up through the chain of command to high-ranking officials in the Criminal Division and then to the chief judge in the district for approval.

On a broader level, the Justice Department has strict guidelines that require U.S. attorneys like Fitzgerald to keep Main Justice's Criminal Division ``apprised of all developments in sensitive criminal matters, particularly those which may generate questions to the Criminal Division or higher authority.''

Justice Department policy also dictates that appropriate officials, including the Assistant Attorney General for the Criminal Division and in some cases the Deputy Attorney General and Attorney General, be kept advised of sensitive criminal or civil investigations, particularly those in which public figures or entities are subjects of the investigation.

``We complied with all that, obviously,'' Fitzgerald said. ``Beyond that, what I'll simply say is that no one -- the deputy attorney general, the FBI director, or the attorney general aren't going to drop their coffee this morning to find out about this case for the first time. We've obviously kept them briefed and -- but beyond that, we'll take responsibility for the decisions we made, and leave it at that.''

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Comments

It doesn't get any better than this. You got Fitzgerald and then to add insult to injury, Lisa Madigan is going to go after hime as well and do what she can.

Merry Fitzmas to all!!!


You're right, just like there were WMD, right? Bush's Justice Department is about as corrupt as some Chicago politicians and we are taking their word, on matters of principles !! Never voted for Blagojevich, but I hope he takes this to court. Let's see if we can't get some of those Chicago politicians out of the shadows !! That sure was a compassionate point, let's do him in, on his birthday. Thanks, U.S. Attorney Fitzgerald for being as slimy as some of the real slimy politicians of Chicago !!
SUPPORT OUR TROOPS, BRING THEM HOME, AIVE AND WHOLE. NOW.


Don, on what basis do yo inpugn Patrick Fitzgerald? His reputation is impeccable and he has been nothing other than honorable.

You are out of line.


Take off the blinders and look at the Libby-Cheney case !! Look at his announcement of the indictment of Governor Blagojevich, from President Lincoln's turning in this grave to a crime spree. He sounded like the Tribune's editorial board !! Where was his neutrality, his impartiality, in making this announcement. This is an appointee of the Bush administration, the same administration that signed onto torture and the firings of U.S. Attorneys, based on political considerations !! Come on, where have you been for the last 8 years, firing U.S. Attorneys, who don't share in your ideology !!?
SUPPORT OUR TROOPS, BRING THEM HOME, ALIVE AND WHOLE. NOW.


There is more than enough corruption in Washington with bush and Cheny lying to get us into a war that resulted in the death of thousands.
Fitzgerald, feel free to stay in Washington and leave Illinois alone.
The Bush justice department is more corrupt than anything we have in Chicago.


Beth,

Just a few months ago Don and his buddies were bemoaning that the Bush regime was going to dismiss Fitzgerald because he was going after Republican too. Clueless.


You bet "Main Justice" left Fitz alone.

He was the real target of the Gonzales scheme to fire 14 US Attorneys. The others had offended in various ways, but Fitz was the one the WH and Alberto really wanted to get rid of because he was closing in on Scooter and Shooter.

But the other US Attys who were fired in the warm-up fought back, and Alberto was not able to carry the plan to its conclusion. He did, however, give Fitz a grade of "mediocre" on that culling list they concocted.

Other reason they left Fitz alone: Judge Filip is now #2 at Main Justice, Deputy AG, and probably wants to return to practice law in Chicago after Jan 20. He's not going to want to be seen as interfering in an investigation this explosive.


Since when is Fitzgerald supposed to be impartial? You either side with the defense or the prosecution. As a U.S. Attorney, wouldn't he be trying to prosecute?


What is with Fitzgerald and his need to focus on Illinois politics- Is this a Bush/Cheney diversion.
We have a president who decieved congress to get us into a war so he and his VP could get rich with Haliburton and Fitzgerald thinks that our governor who is taped merely talking about bribes is more corrupt than Bush.
How disappointing Washington continues to be corrupt without any oversight.
But let's spend all the Federal time on Illinois politics.


I cannot believe anyone can be so loyal to THE PARTY that they can dismiss these charges. It's beyone mindlessness.


Since when is a prosecuting attorney to be impartial!!!? What, are you joking ? How about when he is presenting the " charges " to the public. Is he supposed to speak of particulars as though the defendant is already convicted ? Come on, even you lame-brained Republicans should know that !!
This dog and phony show, was timed perfectly. President-elect Obama is getting his team together, to govern America. Governor Blagojevich is the perfect scapegoat, to get President-elect Obama's attention and who is running this political stunt, a hack right out of Bush's politicized Justice Department !!
A good many voters in Illinois didn't care for Gov. Blagojevich's style, but to nail him to the cross, on his birthday, in front of his family, for cheap talk, is ridiculously cheap trick and against all democratic principles, but who cares, as long as we can hamstring President-elect Obama, get rid of Governor Blagojevich and Jesse Jackson, Jr, in the process. I sure didn't see this ploy coming, not from your own Party, aided and abetted by a hack from Bush' s corrupt Justice Department !!
I hope Governor Blagojevich, a duly elected Governor, will fight these charges and show America where some of the slime is, besides the Bush White House !!
SUPPORT OUR TROOPS, BRING THEM HOME, ALIVE AND WHOLE. NOW.


Don Fitzgerald (no relation, presumably, to Pat F.) does have a point.
There was an element of overkill in that press conference.
On the other hand, Pat F. apparently felt Rod was about to pull the trigger on an appointment.
My guess is, Rod was about to appoint himself.
Up the ante a bit, serve 2 years and qualify for a Congressional pension?? (I wonder if convicted felons can still keep Congressional pensions, like Traficant and Cunningham?)
Second most likely: JJJ?
JJJ had the means, motive, and opportunity, didn't he?

Now Rod has to decide: will he be like Spitzer in NY and do the right thing? Or like Bill Clinton , and put us through a spectacle of an impeachment AND a prosecution.
The irony is, Rod didn't have to do any of this stuff. He's a talented guy. Smart. Great political skills.
Bad influence of Ald. Mell and the first job Mell set him up with, working for Fast Eddie Vrdolyak.
With so many people offering or soliciting the "quid pro quo" I guess you'd have to be a saint, or an Obama, not to get entrapped.
Maybe Rod will fight.
On the other hand, he presumably could bring a lot of people down with him.
That would be interesting.


What is with Fitzgerald and his need to focus on Illinois politics- Is this a Bush/Cheney diversion.

Posted by: suz | December 10, 2008 11:11 PM

Well, Suz (or suz if you prefer), Fitzgerald is the US Attorney for the Northern District of Illinois. Washington, and anything that Bush and Cheney might or might not have done, is outside his purview unless he's specially invited. Politics in the Chicago area provides a target-rich environment for him, and he probably believes that he can do more good focusing on abuses of the public trust than he might by pursuing, for instance, interstate transport of marijuana.

Which raises an interesting thought. If Blago had moved to Springfield, maintained a residence there as required by the Illinois constitution, would he have been out of Fitzgerald's reach?


I think the criminal act, or some real part of it, has to be committed in the Northern District. If he lived in S'field and did all the things alleged there and the other participants were also outside the Northern District, then perhaps it would fall to the AS Atty in S'field.
Interesting factoid I didn't know: large amount of time spent at home, or in private campaign office.
Did he do this because he thought he couldn't be wiretapped there? Did he have them "swept"??

Sad, sad, sad. I guess the moral is, don't hang out at pool halls in your youth with guys like Fast Eddie.


Don Fitz, are you honestly suggesting that these Blago charges are just a pretext for undermining the Obama administration? Your posts get more bizarre by the day. Whatever you are smoking . . . may I have some?


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