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Blitzer: Fitz Doesn't Have Jackson On Tape

On CNN within the last hour, Wolf Biltzer slipped in some interesting and potentially important news about what federal prosecutors might and might not have on Jesse Jackson Jr., who today was all but confirmed by his lawyer to be Senate Candidate 5.

Talking to legal analyst Jeffrey Toobin, Blitzer said that according to law enforcement sources, Pat Fitzgerald's office does not have recordings of Jackson himself speaking to Rod Blagojevich as part of the US Attorney's investigation into the governor.

If true, that would be significant, because the indictment filed yesterday against the governor quotes him telling an aide that an "emissary" from Jackson approached the governor and proposed a "pay-to-play" deal in regard to the open US Seante seat that Blagojevich has the power to fill.

If Fitzgerald doesn't have evidence of Jackson himself talking about any such deal, it would appear to lessen the chances that Jackson will be charged.

Of course, there are some caveats here. We've been unable to get more details on Blitzer's report, and haven't seen it corroborated elsewhere.

And even if true, Blitzer's report doesn't exlcude the possibility that Fitzgerald has a recording of an aide to Jackson -- perhaps the "emissary" to whom Blagojevich referred -- talking about the alleged deal.

Still, this is worth trying to learn more about...


11 Comments

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His guilt or innocence probably doesn't matter. This because Fitzgerald doesn't seem to have nearly enough evidence to charge him, let alone convict. (well, unless those 'emissaries' flip)

I say his guilt or innocence won't matter, because even if JJJ's completely innocent, the allegations made on the Blago tapes leave JJJ far too tainted to have any realistic shot at Obama's seat. In fact, the truth may never come out, JJJ could remain forever tainted by the allegations.

My take is that Jackson's future is fated. The judge, jury, and executioner have already spoken.

The verdict is that he won't be indicted, but he's lost any chance of becoming Senator, neither will he have any further involvement with the Obama camp.

So unless by some miracle, thoes in the Blago camp decide to fully exonerates him, Jesse Jackson Jr is probably at a political dead end. Guilty or not.

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This is the second separate TPM post where I've seen you summarily executing Jesse Jackson Jr. I don't think anyone is arguing this is good for him. And time will tell. So what's up with your major JJJ-specific hang-up, dude?

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I commented in this new thread because it suggests something completely new.

The new suggestion is that because neither JJJ nor his emissaries are on the feds tape, it somehow clears JJJ of the mess.

In a perfect world, maybe it should. In a realistic world, he's just as screwed as he was before. He'll have no shot at the Senate seat, nor any role in the Obama administration.

I don't think any amount of 'absent evidence' will get JJJ clear of this, at least in the short run. His problem is that he can probably only be thoroughly cleared by the same criminals who implicated him. Criminals who clearly had no knowledge they were being taped when they implicated him, and now have no reason at all to clear him. Even if the Governor and his aids plea out, they'll have little incentive to clear JJJ.

Yes, it's horribly unfair, but yes, he's still screwed.

Do you disagree with this analysis or do you just not like reading this uncomfortable truth?

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Assume JJJ=5

Assume 5 is not on tape.

There are still many ways he could be implicated seriously.

That said, it's also possible that the "emissary" was not authorized by 5, at least from what I've seen of transcripts (got anything to counter this?) and so we may ask whether this emissary would clear 5.

It is far too soon to see how far the Blago stink will stretch.

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It's possible that Blogo is full of shit about any emissary. Obviously the guy is a delusional megalomaniac to think that he could pull something off this blatent. He could have been saying this just to sound impressive to whomever he happened to be talking to at the moment. We all know people like this. They just make up stories you know aren't true just to make themselves look "cool". I'm not saying it couldn't be true, I just wouldn't take Blogo's word on anything.

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On the part of the transcript that implicates Candidate 5, Blago's aide was telling the Governor the status of offers.

Blago wasn't boasting, he wasn't even doing the talking, he was just listening, then commenting.

Sure, Blago's crew are criminals and criminals lie. Still, juries overwhelming tend to believe the recorded words of a criminal who doesn't know he's being taped.

So the pertinent question is: Would Blago's aide have any reason to lie to the Governor about this? To tell him he'd been offered money, when he hadn't?

There's no obvious reason he'd lie about such a thing, and that's why JJJ is in such hot water.

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Hey Zachary ,
If I wanted innuedo & gross speculation I could have just turned on Wolf myself - instead of wasting my time with the Situation Room cliff notes you provide here.
Want to know how good tpm muckraking used to be -go read one of the tpm alumni Paul Kiel over there at Pro Publica - thats how good invetsiagative journalism is done ...

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It is a bit premature to speculate on these issues. I would note that the assumption people seem to be making, that being "on tape" is a necessary aspect of a prosecution, is wrong. It is entirely possible that much, maybe even most, of the evidence that has been gathered is in the form of individuals who can testify based on their observations. So, for instance, the "emmissary" who is, it appears, on the tape, may very well be able to testify about who sent him/her, and under what circumstances.

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All the "talking heads" were commenting on how there is no way Jesse Jackson Jr. will ever get into the Senate, NOW....funny no one ever said any thing about candidates 1, 2, 3, or 4's (or any of the other candidates) chances in the Senate....

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They were saying that about "Candidate 5" before they even knew who he was.

The reason they're not saying that about any of the other candidates is because none of the others seem to have offered cash for the appointment.

The moment read the complaint I knew Candidate 5 was totally and completely screwed, so did every political observer. No matter who Candidate 5 was, the candidate was screwed.

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Did you notice the gleam of self-righteousness in Fitz's eyes while raving about Blago...? Never saw that gleam while he was investigating who "outed" Valarie Plame....he was much more subdued about the Libby's (GOP's) "crimes"

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