Apr 2, 2009 3:59 pm US/Central
Blagojevich Prosecutors Mute As Indictment Drops
U.S. Attorney Has Taken Heat For Forceful Remarks He Made In December
CHICAGO (CBS) ―
There is nothing "low-key" about the indictment of ousted Gov. Rod Blagojevich -- except for how it's being delivered.
CBS 2's Mike Parker reports.
No trumpets. No fanfare. No ringing bells are accompanying the announcement. It's coming to us silently – on the Internet.
It is in amazing contrast to how the Blagojevich arrest was handled last Dec. 9.
"Gov. Blagojevich has been arrested in the middle of what we can only describe as a political corruption crime spree," U.S. Attorney Patrick Fitzgerald told reporters after federal authorities unveiled charges against the state's then-top official.
Blagojevich and his alleged crimes had the U.S. attorney obviously worked up.
"The conduct would make Lincoln roll over in his grave," Fitzgerald said.
The comments infuriated the Blagojevich defense lawyers. The oratory seemed to violate Justice Department rules allowing only comments that are "incontrovertible" facts.
Tom Sullivan, who held Fitzgerald's job during the Carter administration, did not give Fitzgerald high marks for making the remarks.
"I think it's the proper way to proceed as a prosecutor, when you indict someone, to restrict public comments to what's in the indictment, which is merely a charge," he said.
So it's safe to say that Lincoln rolling over in his grave is not in the indictment?
"No, that was not a proper comment in my opinion," Sullivan said.
CBS 2 legal analyst Irv Miller thinks playing the latest charges very low-key is a smart move.
"There's absolutely no reason to create any additional problems," Miller said. "It's already on the record as to the statements; (Fitzgerald) doesn't want to add on to it."
The new U.S. attorney general, Eric Holder, Fitzgerald's new boss, may have also had a hand in this.
"It may be that Eric Holder is going to hold his U.S. attorneys to a higher degree of responsibility when it comes to announcing indictments," Sullivan said. "I hope he does."
Blagojevich was accused by more than a few folks with trying to affect the jury pool by going on that well-publicized media blitz. Sullivan told me today that Fitzgerald's comments in December could have been doing the same thing.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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