Blogs and Stories
My Trial With Blago's Lawyer
Brian Kersey/AP
Can Eddie Genson's fireworks get a fair trial for the hate figure of the hour?
Rod Blagojevich has instantly become the anti-heroic poster boy of this American recession Christmas. He incites, as Peggy Noonan writes, "Rectitude Chic." Blago is a providential wrongdoer to maintain the Orwellian hate. Even if he is guilty of something other than imprudent and vulgar bravura, he didn’t actually take a bribe. But he has allowed his enemies to represent him as a figure of immense gaucherie, cynicism, and stupidity. And in his hour of extremis, the Illinois Governor has engaged the colorful Eddie Genson, who was one of my counsel when the tyranny of Patrick Fitzgerald assaulted me two years ago.
Genson’s courtroom performance is almost a vaudeville act. At his clearest, he still sounds like Casey Stengel, if not Yogi Berra.
Genson has always been a criminal defense counsel and doesn't settle cases. He generally travels on a three-wheeled electric-motorized vehicle because of a long-standing muscular affliction, and drives through crowds of the press on his tricycle threatening to bash journalistic crania with his silver-handled cane. When overwrought, which is not infrequently, he drives his little conveyance around in tight circles wagging his chubby index finger like a parody of Hitler, and erupting verbally in wildly unpredictable allegations and images. It is impressive in a way, and at the least, entertaining.
His courtroom performance is almost a vaudeville act. He is the archetypal small-office criminal lawyer, has a very animated and witty staff in an undecorated office in a pre-World War I building. Known as The Devil's Advocate, Genson has rarely represented an innocent, or even respectable, client. He is usually defeated by the government, but he is an amiable foil. His specialties are attracting the sympathy of the jury for his physical pluck and amusing it with his lively wit. He creates confusion with his tendency toward obfuscation, confused syntax, and the presumably unintentional tumble of mispronunciations and malapropisms that frequent and adorn his arguments. At his clearest, he still sounds like Casey Stengel, if not Yogi Berra.
Genson is a large, unfeasible man, whose entire head except for eyes, nose, ears cheeks and forehead, is covered by curly, reddish hair. He is addicted to his demimonde of Damon Runyon hoods and eccentric celebrities. He regards the whole process as theater rather than justice, and "fun for everyone except the defendants." With that said, he does give his all for his clients, and is a wily court tactician, who wins most of his objections.
The fatuous ideas that the governor would quickly resign, or that the legislature could quickly purge him, were pretty well debunked by Genson's buffo cameo appearance in Springfield last week. The grounds for impeachment in Illinois are not clear, and if the objective is to dispose of Blago, his enemies are better to leave it to US attorney Patrick Fitzgerald, who is experienced at bulldozing juries, after dismembering his victims in the media first, and then throwing enough spaghetti at the wall in his scores of charges to bury the defense and muddle the unsolomonic jurors.
Blagojevich is a perfect useful idiot for the prosecutocracy to stir up public anger and distract anyone who might wonder why the US has eight to twelve times as many incarcerated people per capita as any other advanced country. The plea bargain and denunciation system enables the system to extort or suborn whatever perjury they need to satisfy impressionable, envious jurors relying on their recollections of often complicated testimony. Procedure and evidentiary rules are a stacked deck; the judges are usually ex-prosecutors whose leanings are obvious, and the prosecutors win more than 90% of their cases—a large number of them by force majeure, not merit. If the governor of one of the country's largest states is talking about selling the US Senate seat of the president-elect, we obviously need even more fierce inquisitions, more sensationally publicized media trials, more crowded prisons, longer sentences, and all the other trumperies of the rampaging prosecutors.









Try not to write while listening to Wagner.
Amen, pourmecoffee! LOL
He's got this right, though - "If the governor of one of the country's largest states is talking about selling the US Senate seat of the president-elect, we obviously need even more fierce inquisitions, more sensationally publicized media trials, more crowded prisons, longer sentences, and all the other trumperies of the rampaging prosecutors."
No, what we need is to ask ourselves why a US Senate seat is so valuable in the first place.
Ha-ha-ha, His Lardship has his funny moments. The gist of the article is, I think, that those who break the law and get caught at it can expect to be brought to book for it and, if convicted, sent to a Federal Institution for the Morally and Ethically Challenged. As happened to himself. Now he wants to show us how clever he is - but how clever is it to get caught stealing from the RICH in the USA?
Two (unintentionally?) revealing points in His Lardship's recitation. First, "Genson has rarely represented an innocent, or even respectable, client", who "creates confusion with his tendency toward obfuscation": if true, quite instructive on Black's selection of Genson to represent himself. Second, re all the comments about the prosecutor's (alleged) abuse of power: one has the sense that folks like Black are not used to fights with adversaries equipped to fight back, on anything like equal terms. Unable to pull strings or abuse his opponent, Black is certain something has gone wrong, and the proceedings must be unfair. For all too many criminal defendants, that is very possibly true; one wonders how often Black the publisher showed much sympathy for them, prior to his own unhappy adventures with the criminal justice system.
All that said, one can raise some reasonable questions (as a number of legal scholars have) about the prosecutor's statements to the press, and their impact on prospects for an impartial jury and fair trial. Again, I wonder how often the esteemed press lord worried about such issues when sensationalizing charges against politicians that he opposed.
(I would be happy to be proved wrong, with some hard evidence.)--The Wise Bard
Lord Black, aka Blackie to the less than reverant, is more than a clever, witty writer. He has a history of organizing enterprises & acquiring what is called seed money. Don't be surprised if he organizes another venture despite his years & time in durance vile when he ends his sentence. There will be word of Lord Black's venture in the media. Rest assured of that, Blackie knows the media. Meltdown, recession or the mother of all depressions, he will have backers with access to ready money & he will make a splash, not to mention waves.
Since Black is versitile, brave & agile, he could organize a non-media venture. We will hear of him again when he is freed. These occasional pieces in the DAILY BEAST keep him in mind. But he isn't seeking oblivion by any means; his wit, as always, remains sharp. To be trite, Lord Black's wit is his stock in trade. He will continue to get the top price for what he produces with his wit. We readers will get a polished product. His Lordship is wickedly witty, as his adversaries have learned at their own expense. Patrick Fitzgerald learned from his prosecution of Conrad Black. Mr Fitzgerald may be called a versitile, quick study who also is unrelentlingly methodical. Both Black & Fitzgerald are masters at working the media. We will hear of both of them in 2009 & beyond.
A crook like Conrad Black writing about legal matters here is like allowing Judith Miller to write about politics...both are criminals in their own way, and nothing they write about these matters should be published or read...raise the bar a bit here at The Daily Beast or I will cease coming here! Below from Black's Wikipedia site...
"In 2003, following investor complaints, Hollinger International reported to the United States Securities and Exchange Commission (SEC) about misconduct at the company, including violations of fiduciary obligations by officers.
The report accused Black and close colleagues of running a "corporate kleptocracy." Black resigned under pressure as CEO of Hollinger International. He was charged with mail and wire fraud and obstruction of justice.
Black was convicted in Illinois U.S. District Court on July 13, 2007 and sentenced to serve 78 months in federal prison, pay Hollinger $6.1 million and a fine of $125,000. Black was guilty of diverting funds for personal benefit from money due Hollinger International when the company sold certain publishing assets and he obstructed justice by taking possession of documents to which he was not entitled."
"A crook like Conrad Black writing about legal matters here is like allowing Judith Miller to write about politics.."
Uh she did. http://www.thedailybeast.com/blogs-and-stories/2008-12-26/shattered-peace/< br />
Don't like the message? Shoot the messenger.
Shouldn't Connie's bio be a little more specific (explicit?) about his relationship with Fitzgerald and Genson? Probably not many readers are as aware as Wagonjak that Connie the Con is now spending his time teaching other cons American history in a Florida prison.
As if we needed any more proof that Blago was doomed. Maybe Conrad (known in the Canadian satirical press before his downfall as Lord Tubby of Fleet Street) looking for a sympathetic bunkmate?
Not exactly a well written piece, your Larship - are we losing what's left of our grip in the big bad American prison?
It is near impossible to disagree with Mr. Black's assessment of both the problems and the consequences facing U.S. Citizens as a result of the current state of affairs in Courts around the Land. Reform is desperately needed to Courts, of that I have absolutely no question. Blaming it on Fitzie is probably not the right answer, he is after all trying to remove a Governor, not an easy task in any event. Blaming it on the Judges for caving to forces psychological, and for reasons absolutely inexcuseable, proves need of Massive Reform. I might add, of interest to anyone, this seems largely a 'city' problem and not 'country' problem, where Judges are fully aware of who has guns; while in cities, Courthouses are named after Judges after the fact, seemingly unaware as they are. To think that you can act with impunity against others, without incurring 'blowback', isn't really intelligent to begin with. Judicial Reform which puts Country First, as well as the U.S. Constitution, would serve the interests of The People just fine. But it's not happening....anywhere.
Bravo, my sentiments precisely.
Say what you will about Lord Black (and his current address in Florida) I cannot help admiring the way he is handling his six-year sentence. He manages to keep current with the news -- and write lively and informed opinion pieces.
Maybe it will "be the making of him" in ways he could never have imagined.
Witty piece, Conrad Black. Your portrait of Eddie Genson, Esq. was superb and funny. Your evaluation of Patrick Fitzgerald has the telling ring of truth. Here's a man who spent millions investigating Scooter Libby and, after posturing and leaking to the press for months, could come up with only what amounted to a technical offense that had nothing to do with what he was charged with investigating. What a fraud. As for Blagojevich, his main offense seems to be lack of imagination in his choice of words. That is a hanging offense, in my estimation.
Lord Black may be many many things, but he does not belong in prison. He may be guilty of arrogance and smugness but last time I checked, those were not offenses in our criminal code.
And his assessment of our system is very accurate. Our priorites as a nation are askew.Our criminal justice system, from the top with our meritless judiciary (most American judges are appointed or elected based on connections or a good name) down to our disatrous prison system, is in utter shambles. We lock up thousands of drug offenders every year, yet spend little on reforming the underpinnings of their rise to crime or the societal conditions that create poverty and crime to being with. We are collectively willing to overlook the corruption and greed of our own corporate scoundrals on Wall Street who actually committed criminal acts (that is so long as we are making profits) yet are willing to spend millions of dollars prosecuting the big bad Lord Conrad Black to make ourselves feel better as a whole.
Here is a man who among other things, made millions of dollars for his investors and employed hundreds (nay thousands) of people... fact: almost everyone associated with Lord Black and his ventures did well. Well, perhaps for some not well enough (in their own minds anyway). Nobody was harmed, and whether his actions actually were criminal is highly debatable and regardless, irrelevant. I am quite certain taxpayers dollars would have been spent far better in other endeavors, this was a dog and pony show to lock up the big bad rich Lord from Canada. Lord Black may be arrogant, and he may be smug, but he is brilliant and he is good at what he does. It is impossible for anyone to deny, he is intelligent, witty, creative, industrious and on balance, the type of person society is far better off with than without. I for one want more Lord Blacks in the world. I ask : who would you rather spend an evening with: Your local redneck, your local gangbaner, or Lord Black?
If in fact he transgressed some obscure codes in his endeavors (it was so confusing, and so convuluted, I was never convinced he actually did commit any crimes) , then it could/ should have been simply handled with a fine and oversight. He would have paid the fines, and he would have complied with any further directives. Prison, in this instance, is silly and a great example of the legacy of our nations' long history of rabble rousers who are more interested in hearing the loving crys of approval from the populace than in actually achieving justice.
Anyone who things Mssr. Fitzgerald is not ambitious or interested in higher offfice is fooling themselves. He is hungry like a wolf. And in my humble opinion, arrogance while offensive to some, is simply not a crime. We as a nation have so many great things to be proud of but we are truly blind to our own weaknesses. Prosecuting this captain of insdustry made for good press but was unwarranted. He should be freed and allowed to get back to business.
Is anyone actually fooled that the preceding commenter "bpforde" isn't the author of this blog? Nice work defending yourself, "Lord."
I also think the above commenter "Larry 278" is the "Lord" in sheep's clothing. It cracks me up to think of the Lord locked away writing positive reviews of his own blog under fake names. Ha!
Excellent article!
It seems to me that if there proves to be no fraud due to overzealous application of " honest services clause " in respect of the submission that the companies suffered no economic harm ( possibly the opposite ) then the obstruction of justice is mooted and the SC could overturn the entire verdict. Since it is evident that Lord Black is neither at risk of scuppering nor of causing harm to anyone and that the question that the SC must apply itself to is both significant and necessary ( in the opinion of Scalia, JSC ) I gather that bail pending the SC decision should be granted to Lord Black forthwith.
Thank you.
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