EXCERPT: Sealed text from Blago's subpoena

April 23, 2010 8:54:25 AM PDT
A computer glitch allowed some sealed information in court papers in Rod Blagojevich's corruption trial to become public Thursday.

The court documents contained numerous blacked out portions. But several media outlets, including ABC7, discovered it was possible to unseal that information, which first appeared on an online blog that tracks TV and newsmakers.

Below in bold are the portions of that filing that were blacked out and were supposed to be under seal.

9. Yet, despite President Obama stating that no representatives of his had any part of any deals, labor union president told the FBI and the United States Attorneys that he spoke to labor union official on November 3, 2008 who received a phone message from Obama that evening. After labor union official listened to the message labor union official told labor union president "I'm the one". Labor union president took that to mean that labor union official was to be the one to deliver the message on behalf of Obama that Senate Candidate B was his pick. (Labor union president 302, February 2, 2009, p. 7).

10. Labor union official told the FBI and the United States Attorneys "Obama expressed his belief that [Senate Candidate B] would be a good Senator for the people of Illinois and would be a candidate who could win re-election. [Labor union official] advised Obama that [labor union official] would reach out to Governor Blagojevich and advocate for [Senate Candidate B].. . . [Labor union official] called [labor union president] and told [labor union president] that Obama was aware that [labor union official] would be reaching out to Blagojevich." (Labor union official 302, February 3, 2009 p. 3).

11. According to Senate Candidate B, on November, 4 2008, Senate Candidate B spoke with labor union official about the Senate seat. Labor union official said he spoke to Obama. Labor union official said he was going to meet with Blagojevich and said "he was going to push Blagojevich hard on this. According to Senate Candidate B, labor union official's language could have been stronger than the language that she was reporting to the government." (Senate Candidate B 302, December 19, 2008).

12. On November 5, 2008, Blagojevich told John Harris that labor union official "talked to Barack Obama, wants to come and see me." Blagojevich then told Harris that labor union official "was very explicit with me, "I talked to Barack about the Senate seat. Can I come and see ya? Can I do it tomorrow?' I said, sure." (Blagojevich Home Phone Call # 261).

13. A supporter of Presidential Candidate Obama suggested that she talk to the wife of Governor Blagojevich about Senate Candidate B for Senator. (Valerie Jarrett 302, December 19, 2008). Supporter of Presidential Candidate Obama is mentioned in a phone call on November 3, 2008, having offered "fundraising" in exchange for Senate Candidate B for senator (Blagojevich Home Phone Call # 149).

17. President-elect Obama also spoke to Governor Blagojevich on December 1, 2008 in Philadelphia. On Harris Cell Phone Call # 139, John Harris and Governor's legal counsel discuss a conversation Blagojevich had with President-elect Obama. The government claims a conspiracy existed from October 22, 2008 continuing through December 9, 2008.6 That conversation is relevant to the defense of the government's theory of an ongoing conspiracy. Only Rod Blagojevich and President Obama can testify to the contents of that conversation. The defense is allowed to present evidence that corroborates the defendant's testimony.7

18. President-elect Obama also suggested Senate Candidate A to Governor Blagojevich. John Harris told the FBI and the United States Attorneys that he spoke to President's Chief of Staff on November 12, 2008. Harris took notes of the conversation and wrote that President's Chief had previously worked as Blagojevich's press secretary. Obama agreed of Staff told Harris that Senate Candidate A was acceptable to Obama as a senate pick. (Harris handwritten notes, OOG1004463) President's Chief of Staff told the FBI that "he could not say where but somewhere it was communicated to him that" Senate Candidate A was a suggested candidate viewed as one of the four "right" candidates "by the Obama transition team." (Rahm Emanuel 302, p. 5, December 20, 2008). Harris told Blagojevich Obama's suggestion on November 12, 2008 (Blagojevich Home Phone Call # 539).

19. President-elect Obama was also involved in other senate candidate choices. On December 8, 2008, John Harris' secretary's call log noted President's Chief of Staff called at 10:47 am and wrote "needs to talk to you asap" (Harris 302, February 20, 2009). President's Chief of Staff told the FBI that he had a conversation discussing the Senate seat with Obama on December 7, 2008 in Obama's car. President's Chief of Staff told the FBI "Obama expressed concern about Senate Candidate D being appointed as Senator. [President's Chief of Staff] suggested they might need an expanded list to possibly include names of African Americans that came out of the business world. [President's Chief of Staff] thought he suggested Senate Candidate E who was the head of the Urban League and with President's Chief of Staff's suggestion." (President's Chief of Staff, 302, 12-20-08). 20.

22. However, the defense has a good faith belief that Mr. Rezko, President Obama's former friend, fund-raiser, and neighbor told the FBI and the United States Attorneys a different story about President Obama. In a recent in camera proceeding, the government tendered a three paragraph letter indicating that Rezko "has stated in interviews with the government that he engaged in election law violations by personally contributing a large sum of cash to the campaign of a public official who is not Rod Blagojevich. ? Further, the public official denies being aware of cash contributions to his campaign by Rezko or others and denies having conversations with Rezko related to cash contributions. ? Rezko has also stated in interviews with the government that he believed he transmitted a quid pro quo offer from a lobbyist to the public official, whereby the lobbyist would hold a fundraiser for the official in exchange for favorable official action, but that the public official rejected the offer. The public official denies any such conversation. In addition, Rezko has stated to the government that he and the public official had certain conversations about gaming legislation and administration, which the public official denies having had."10

23. President Obama is the only one who can testify as to the veracity of Mr. Rezko's allegations above.

10 The defense has a good faith belief that this public official is Barack Obama. See, "Obama on Rezko deal: It was a mistake", Dave McKinney, Chris Fusco, and Mark Brown, Chicago Sun Times, November 5, 2006. Senator Barack Obama was asked: "Did Rezko or his companies ever solicit your support on any matter involving state or federal government? Did Al Johnson, who was trying to get a casino license along with Tony Rezko, or Rezko himself ever discuss casino matters with you?" Senator Obama answered: "No, I have never been asked to do anything to advance his business interest. In 1999, when I was a State Senator, I opposed legislation to bring a casino to Rosemont and allow casino gambling at docked riverboats which news reports said Al Johnson and Tony Rezko were interested in being part of. I never discussed a casino license with either of them. I was a vocal opponent of the legislation." Obama's involvement with Tony Rezko and this legislation coincides with the three paragraph summary the government has provided to the defense referenced above.


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