Chicago Area Local News

CHICAGO (CBS) ― Rod Blagojevich's lawyer, a bare-knuckles defense litigator, is appearing before the House impeachment committee today in what likely will be a dramatic battle between the governor and the lawmakers who are considering removing him from office.

The governor's lawyer, Ed Genson arrived through a little-used entrance to the state capital building on Wednesday morning – one that is reserved for the governor and other state officers.

Genson says he plans to pull no punches.

"I plan to hopefully get Rod Blagojevich some due process. And I'm sure the committee is looking for the same thing, and if they are, we have no problems,'' he said.

On Tuesday, the committee did little more than get through its opening statements, when a party line dispute over rules forced it to adjourn. However, not before its chairman revealed that the governor's attorney would be among the first witnesses to testify. 

Genson, told CBS 2 Chief Correspondent Jay Levine Tuesday that he plans to contest what the committee is doing, arguing that many of the things it plans to use as evidence shouldn't be admitted. Among those things is the criminal complaint filed last week by U.S. Attorney Patrick Fitzgerald; it's scheduled to be put into evidence today.

"Mr. Genson called me this morning and said he couldn't be here today, but would like to come tomorrow," said committee chairman Rep. Barbara Flynn Currie, D-Chicago. 

Genson's call signals the battle ahead. The fight was foreshadowed last Friday when CBS 2 reported Blagojevich, having decided to vigorously fight the charges, was about to hire the prominent defense attorney. It could lead to fireworks today.

"This means that our process will be longer than anticipated because Mr. Genson is a known litigator, a well-known criminal attorney, and I would expect that he will appear here tomorrow and tell us that we're doing a few things incorrectly," said House Speaker Michael Madigan.
 
"The governor's due process rights should be protected. He should have equal protection under the law, that he should have the right to confront witnesses and cross-examine those witnesses. So everybody, Democrats and Republicans are committed to accord him his rights under the federal and state constitution."
 
For Genson, whose most recent triumph was the acquittal of R&B star R. Kelly, and whose most recent defeat was the conviction of former Sun-Times owner Conrad Black, impeachment is new territory.
 
He's known for his riveting arguments to criminal court juries. But when he walks through the door to hearing room 114 of the state capitol, he'll be facing a formidable audience, which has vowed to be fair, but which also has long-term animosity toward his client.

Some Republicans are concerned that since the Democrats have an edge in the 21-person committee, they might keep witnesses who might be damaging to the Democratic Party away from these hearings.

"I think a bigger concern would be instances where we're advised by the offices of the U.S. Attorney because certain witnesses should not be called before the committee," Madigan said. "That's a bigger concern."

Procedures may be delayed because Fitzgerald wants all requests in writing.

"We're prepared to comply with his request," Madigan said. "Always remember that the standard in the Illinois constitution is not a criminal standard. We can proceed even though some information may not be available to us."

Lawmakers Monday quickly shelved the idea of setting a special election where voters would fill the vacant Senate seat of President-elect Barack Obama --the seat the governor is accused of trying to sell before his arrest last week on federal corruption charges.

But the House also voted 113-0 to create a bipartisan committee that will recommend whether Blagojevich should be impeached. If the panel recommends impeachment, it would be the state's first such move against a sitting governor.

Committee chairwoman Flynn Currie, began the meeting by saying the Blagojevich scandal had created a "crisis of confidence" in state government. But she cautioned panel members against moving too fast.

"Let us remember that we're not Alice in Wonderland. We're not the Red Queen. We do not sentence first and then do the verdict," she said. "Frontier justice will not prevail in this proceeding. A rush to judgment does not serve the people of the state well."

The House committee will eventually make a recommendation on whether to impeach to the full House, which would then decide whether to file charges against the governor. Then the Senate would hold a trial and ultimately make a ruling.

CBS 2 Chief Correspondent Jay Levine and the Associated Press contributed to this report.

(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)

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