Gregory D.

Lee

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January 9, 2009

Jury Strategy: The Real Reason Blago Appointed Burris

Gov. Rod Blagojevich (D-Illinois) made a brilliant move appointing Mr. Roland Burris, who is black, to President-elect Barack Obama’s vacated U.S. Senate seat. I say brilliant not because Mr. Burris is an honorable public servant, but because his appointment is an attempt by Blagojevich to influence black jurors in his upcoming federal trial.

Having been involved in many high-profile federal cases, and having observed a number of others, I strongly suspect that Blagojevich’s criminal defense attorney, Ed Genson, suggested that the governor hurry up and exercise his state constitutional authority and appoint a black person to Obama’s Senate seat before he gets impeached. Genson knows that all he needs for a hung jury is to have one sympathetic juror vote to acquit. A hung jury might wear down federal prosecutor Patrick Fitzgerald and convince him to accept a favorable plea bargain for Blagojevich instead of retrying him.

If Mr. Burris is seated in the Senate, Genson is hoping that a black juror will believe Mr. Burris will lose it if Blagojevich is convicted. He’s hoping black jurors might reward Blagojevich for making a bold move to replace the nation’s only black senator with another. These same feelings may also apply to many liberal white jurors, like Bill Ayers, but I believe Blagojevich’s appointment of Mr. Burris was specifically designed to influence the potential black jury pool that will sit at his trial.

Revealing he had nothing up his sleeves, Blagojevich played the race card in his corruption case by bringing former Black Panther party member, U.S. Rep. Bobby Rush (D-Illinois), to the press conference and exclaiming, "I would ask you to not hang or lynch the appointee as you try to castigate the appointer." Rep. Rush promised to lobby the Congressional Black Caucus and others on Mr. Burris's behalf. Rep. Rush wasn’t subtle. He made it perfectly clear that if anyone opposed seating Mr. Burris, they would be labeled a racist and would hear about it from the black community. Other blacks in Congress are already getting on board to support Mr. Burris. 

Just a few weeks earlier, Rep. Rush said that Blagojevich’s alleged conduct was “heinous,” and that he should not be allowed to fill the vacant senate seat. That was until Blago announced he would appoint a black man to the seat. Suddenly, Blagojevich’s actions weren’t so heinous after all. “My prayers have been answered,” Rush said, “Because I prayed fervently that the governor would appoint an African American.” It seems that electing a black president didn’t end racism in America as far as Bobby Rush is concerned.

By appointing Mr. Burris, Blagojevich also heaped revenge on his fellow Democrats who ran away from him faster than Rep. William Jefferson’s (D-Louisiana) bribery cash froze in his New Orleans freezer. If he’s going to federal prison, a/k/a “Club Fed,” for a long time, he might as well give ‘em hell on the way. That’s one reason Blagojevich threw Senate Majority Leader Harry Reid (D-Nevada) under the bus by revealing he asked him not to appoint any black representatives to the Senate seat. The governor would like you to believe that Sen. Reid wanted to deprive a deserving black man membership in the U.S. Senate because, unlike him, he’s a racist. Au, contraire! Sen. Reid feared that none of these black politicians would win a tough statewide reelection in 2010.  

Unlike Blagojevich, who sought the highest bidder for the vacant Senate seat, Sen. Reid is looking for someone with staying power. But Blagojevich’s attack on Sen. Reid is in line with the governor’s many character flaws. Blagojevich is so radioactive that he could appoint Jesus Christ and the Senate would reject him, as it did Mr. Burris on Tuesday. 

Mr. Burris still might be seated in the world’s most exclusive club as a result of his legal challenges. The presence of an honest, ethical man in the Senate would contrast at least one newly elected senator and many sitting senators. Wouldn’t that be refreshing?

Gregory D. Lee is a nationally syndicated columnist for North Star Writers Group and can be reached through his web site: www.gregorydlee.com.

© 2009 North Star Writers Group. May not be republished without permission.

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