U.S. v. Blagojevich, Array
| Decision Date | 26 July 2010 |
| Docket Number | Array |
| Citation | 743 F.Supp.2d 794 |
| Parties | UNITED STATES of America, Plaintiff,v.Rod BLAGOJEVICH and Robert Blagojevich, Defendants. |
| Court | U.S. District Court — Northern District of Illinois |
OPINION TEXT STARTS HERE
Carrie E. Hamilton, Reid J. Schar, AUSA, Christopher Niewoehner, Debra Riggs Bonamici, United States Attorney's Office, Chicago, IL, for Plaintiff.John P. Collins, Collins & Collins, Dan K. Webb, Robert L. Michels, Thomas Lee Kirsch, II, Winston & Strawn LLP, Terence Patrick Gillespie, Genson and Gillespie, Robyn S. Molaro, Edelman, Combs, Latturner & Goodwin LLC, Chicago, IL, Michael J. Shepard, Hogan & Hartson, San Francisco, CA, Terry A. Ekl, Ekl Williams LLC, Lisle, IL, Michael D. Ettinger, Cheryl Ann Schroeder, Ettinger, Besbekos, Parisi, Palos Hills, IL, for Defendants.
This order involves a motion to intervene filed in the ongoing criminal proceeding against former Illinois governor Rod Blagojevich and his brother Robert Blagojevich.
On June 1, 2010, Chicago Tribune Company, New York Times Company, Illinois Press Association, and Illinois Broadcasters' Association (collectively “Press Intervenors”) filed a Motion to Intervene and for Immediate Access to Names of Jurors in the trial of Rod and Robert Blagojevich. In their motion, Press Intervenors sought to intervene “for the limited purpose of objecting to an anonymous jury trial and seeking immediate access to the names of jurors during this public criminal trial.” Press Intervenors argued that both the common law and First Amendment mandate a presumption of public access to jurors names, and that there is no justification for withholding the names until after the verdict is returned. Press Intervenors made no request for a hearing. The motion was noticed for presentment on June 3, the day voir dire was scheduled to begin. On June 2, potential jurors came to the courthouse to complete juror questionnaires. That afternoon, I informed the venire that their names would not be made public and that the names of the jurors selected for the trial would be released only after the verdict was delivered.
On the morning of June 3, Press Intervenors presented their motion to the Court. The government objected, arguing that there is no qualified right of access to juror names before the verdict is returned, and even if there were such a right, non-disclosure would be justified to protect Defendants' right to a fair trial in this case. Press Intervenors maintained that the First Amendment right of access to criminal proceedings generally attaches to voir dire and includes the names of the jurors. In this case, the personal safety of the jurors is not at issue, and the “hypothetical problem” of contact from bloggers could be more effectively (and less restrictively) dealt with by properly instructing the jurors. Access is most important in cases of great public interest, and the press could, as it had in the past, help to deter intentional misrepresentations by jurors and uncover any relevant omissions that could lead to the dismissal of certain jurors.1
After finding that the motion was untimely,2 and denying the motion for intervention, I addressed the merits of the motion. Essentially, I explained that the withholding of names was necessary to protect the jurors from outside influence, and therefore, to protect the Defendants' right to a fair trial. I had personally received several unsolicited communications from opinionated members of the public, which was itself evidence of the potential that the jurors, the decision makers here, could face similar contact. I disagreed with holding in United States v. Wecht, 537 F.3d 222 (3d Cir.2008), a case relied upon heavily by the Press Intervenors, noting that it contained no specific analysis of the facts before the court. Press Intervenors appealed my ruling.
On appeal, the Seventh Circuit vacated the deferred-disclosure order. United States v. Blagojevich, 612 F.3d 558, 565 (7th Cir.2010). The Court rejected an absolute right of access to the names of the jurors, but required that a hearing be held so that the parties may present evidence, alternatives may be considered, and findings of fact may be made. I held this hearing on July 22, 2010.
II. THE FACTS AND EVIDENCE
That this is a highly publicized case is not in dispute. The international media coverage in this case has been thorough and extensive, both before and during the trial. See, e.g., Bob Secter and Jeff Coen, “The Prosecution Rest ...,” CHICAGO TRIBUNE (July 15, 2010); Richard Roeper, “Blago on the Stand?” CHICAGO SUN TIMES (July 15, 2010); Associated Press, “Prosecution Rests in Blagojevich Corruption Trial,” BOSTON GLOBE (July 15, 2010); “Rod Blagojevich Says He'll Testify in his Own Defense,” NBC TODAY SHOW (July 14, 2010); Mark Guarino, “Rod Blagojevich Defense: Advisers Gave Him Bum Advice,” CHRISTIAN SCIENCE MONITOR (July 13, 2010); Peter Slevin, “Blagojevich: Musings of Ex–Governor Include Bleep the Public, Oprah for Senator,” WASHINGTON POST (July 13, 2010); James Warren, “When Adversity Comes Calling, Some Actually Answer the Door,” NEW YORK TIMES (July 11, 2010); Mike Robinson and Michael Tarm, “Aide: Blago Hid From Staff,” NEWSDAY (July 9, 2010); Lauren Etter, “Obama is Invoked at Blagojevich Trial,” WALL STREET JOURNAL (June 25, 2010); Michael Tomasky, GUARDIAN.CO.UK (July 8, 2010); Toby Harnden, “Tawdry Tale of the Senate Seat for Sale,” SUNDAY TELEGRAPH (July 4, 2010); Sean Hannity, “Inside the Blago Courtroom,” FOX (June 25, 2010); “United States: Corruption Trial Begins for Former Illinois Governor Rod Blagojevich,” THAI PRESS REPORTS (June 7, 2010); Jeff Coen and Bob Secter, “A Little Swagger in the Court,” CHICAGO TRIBUNE (June 2, 2010); Cheryl Corley, “Next Stop on Blagojevich's PR Tour: Court,” NPR ALL THINGS CONSIDERED (June 2, 2010); Peter Slevin, “Illinois Prepares for Blago Trial,” WASHINGTON POST (June 2, 2010); Doug Belkin, “As Blagojevich Seeks Fame, Chicago Asks: Is He Nuts?” WALL STREET JOURNAL (June 1, 2010); Judy Keen, “Taking the Stage on the Stand, Former Illinois Governor's Corruption Trial Promises to Offer Some High Drama,” USA TODAY (May 28, 2010); Associated Press, “Prosecutors Fight Blagojevich Effort to Postpone Trial,” BOSTON GLOBE (May 11, 2010).3 In addition, Defendant has made numerous television appearances in the time leading up to the trial.4 Numerous Internet blogs have discussed the proceedings at length.5 Each day of trial, members of the public have lined up for the chance to sit in on the proceedings, and in an overflow courtroom a live audio feed streams for additional members of the press and public.
During the time leading up to trial, as well as during the trial, I have received several communications from opinionated members of the public. At a July 12, 2010 hearing on this matter, I explained the number and content of certain unsolicited e-mails I received regarding this trial. I noted that for the most part, these e-mails seemed to be an attempt to be persuasive to the reader. On July 13, 2010, I informed the parties of two voice mails and a letter I had received, all expressing, either directly or indirectly, some opinion of the proceedings or my conduct in them.6 One call consisted mostly of obscenities.7 In the other, the caller explained that “the federal government has developed a new kind of electronic where they can copy exactly the voice of someone and then pretend that they are that person.” The caller then suggested that this technology may be in use at this trial, in an attempt to fraudulently implicate Defendant Rod Blagojevich through faked recordings. The letter, claiming to be from President Barack Obama (written on a facsimile of White House stationery, though postmarked Cedar Rapids, Iowa), is a notice that pursuant to his executive powers, the President has decided to dismiss Defendant Rod Blagojevich and has ordered me to close the case against him.8
On July 19, a member of the public called my office and repeatedly asked my assistant whether, at the close of the day's proceedings, he might have a chance to stand up in court and tell me that he thought I was being unfair and that I should allow all of the recordings of Defendant to be played (a view expressed publicly and consistently by Defendant Rod Blagojevich). On July 20, I received an e-mail from a person claiming to be the King of Japan. The author explains that she was told by Defendant Rod Blagojevich that Blagojevich would leave an envelope containing a check for $200,000 at an office in the Thompson Center. When author tried to pick up the envelope, she was told it was not there. In the e-mail, the author asks that the Court arrange for the collection of the money.
On one other occasion, I was stopped on the street by a member of the public (who I did not recognize) and advised that I should take into account the “guilt” of the voters who elected Defendant governor.
The government points out that there have been several instances of individuals not related to this case seeking to insert themselves into the proceedings, in one instance by filing an uninvited amicus brief asserting a mass government conspiracy (docket entry 441), and in another by filing a “counterclaim” seeking $10 billion as well as certain records pertaining to the theft and sale of her grandchildren-records she claimed were taken from Defendant Rod Blagojevich's office in the course of the government's investigation (docket entry 376). Subsequently, this individual attempted to enter the courtroom against the Marshals' orders, became disruptive, and was eventually charged and convicted of contempt of court. As I iterated in my initial denial of the Press Intervenors' motion, the extraordinary attention being paid to this case leads not only to the expression of opinions, but also to the view that the trial is an opportunity to be...
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