Chicago Area Local News

CHICAGO (CBS) ― Gov. Rod Blagojevich's misconduct allegations may have been a family affair. Blagojevich's brother, Rob Blagojevich, expects to be indicted in the governor's criminal investigation, CBS 2 has learned.

It's a battle of words and opinions in Springfield between Gov. Blagojevich's attorney and members of the impeachment committee.

Attorney Ed Genson said federal wiretaps may have caught his client making some "unfortunate" remarks, but that doesn't justify impeachment.

Genson said hearings held by the impeachment committee weren't fair to Blagojevich. He says the Democratic governor wasn't given enough time to prepare, wasn't allowed to call witnesses and didn't get to cross-examine people who testified.

Genson also argued Monday morning that the House committee didn't spell out what burden of proof must be met. Without that, he says, the evidence can't support an impeachment recommendation.

Blagojevich was arrested on federal corruption charges last month. The committee is reviewing those allegations and others to decide whether the full House should vote on impeaching the governor.

As Genson argued his case before the impeachment panel in Springfield Monday, CBS 2's Dana Kozlov reports federal prosecutors made a surprising move relating to those wiretaps.

In an apparent about-face, U.S. Attorney Patrick Fitzgerald told the impeachment committee Monday that he will release four taped conversations involving Gov. Blagojevich, if a judge signs off on the move.

The tapes will be edited, but a spokesperson said they decided to release them out of balance and prosecutors don't believe they will hurt the federal case against Blagojevich.

But how the tapes will impact the governor's impeachment case is an entirely different matter.

By all accounts, the pending release of those federal tapes was unexpected. It's good news for the impeachment committee and possibly bad news for Genson.

Lawmakers got word of the decision midway through the day's impeachment proceedings, a day during which Genson repeatedly insisted his client did nothing wrong.

"The issue is, did he violate the law? And the issue is whether he violated the law, and he didn't. It's as simple as that," Genson said.

The move to oust Blagojevich from office began two weeks ago in Springfield, days after federal prosecutors accused the governor of trying to sell President-elect Barack Obama's U.S. Senate seat, among other charges.

The governor says he'll be vindicated. But lawmakers point out impeachment standards are different than criminal conviction standards, a point they reminded Genson of again Monday.

"We exist to decide whether or not the person who has made these statements, and is clearly identified as the person making those statements, is competent and fit to govern the people of the state of Illinois. Those are two totally different things," a member of the impeachment committee said to Genson.

But Genson argues those taped conversations are illegal. And he openly questions the fairness of these proceedings.

"These are shadows, and we are, with regard to that allegation by itself, fighting shadows," Genson said.

Federal authorities had more wiretaps than previously disclosed in the investigation of Gov. Blagojevich -- including the cellular telephone of a member the governor's inner circle.

A new government filing in federal court indicates that in November, authorities tapped the cell phone of "Lobbyist 1." The Sun-Times has identified lobbyist 1 as Lon Monk, a former top aide to the governor.

Fitzgerald says disclosing four calls wouldn't interfere with the ongoing criminal investigation.

"These calls bear on a discrete episode of criminal conduct alleged in the complaint affidavit . . . the calls are evidence of a criminal offense that the government was authorized to monitor under the wiretap order," prosecutors wrote in their filing.

CBS 2's Mike Puccinelli reported earlier that Genson plans to submit Obama's internal report on his transition team's contacts with the governor's office.

Genson says he believes the report will support his claim that the governor hasn't done anything wrong regarding his handling of Obama's vacant Senate seat.

Last week the Obama team released the report which they believe supports their claim that there were no inappropriate comments between the governor and Obama or any members of his staff.

They say among other things it will clear up some of the misconceptions in the rumor mill about the amount of contact between the transition team and the Blagojevich administration, specifically with respect to incoming Chief of Staff Rahm Emanuel.

"I will say some of the reporting on this has been wildly inaccurate," said Obama advisor David Axelrod. "Before our report was released, there were reports in some newspapers that Rahm had had 20 discussions with the governor, and all kinds of wild things that weren't true. It's within the power and purview of the U.S. attorney to release any transcripts. We don't have any control over that. And when they are released, when and if they are released, they will completely bear out the report that we -- that we issued this week."

The woman heading up the House committee presiding over the impeachment hearings says Genson's request to submit the Obama team report would probably be accepted. But she doesn't believe it will prove the governor's innocence.

Genson had wanted to subpoena Emanuel and Obama senior advisor Valerie Jarrett whose testimony he argues would strengthen the governor's claim that he's broken no laws. That request was denied last week.


CBS 2's Dana Kozlov and Mike Puccinelli and the Associated Press and STNG Wire contributed to this report.

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