Defense Clashes with Bob Greenlee in Blagojevich Trial

Rod Blagojevich Trial Extended Coverage >>

Chicago - The prosecution in the Rod Blagojevich corruption trial is expected to rest its case Tuesday. Monday, former Deputy Governor Bob Greenlee faced cross-examination. After Greenlee finished on the stand, FBI Daniel Can was called to testify.

Key Points:

• Judge James Zagel held a status hearing on whether to release the names of jurors in the case.  He rejected a request from several media outlets to release the names, but the 7th Circuit Court of Appeals ordered him to hold a hearing on the subject. He said he had received three emails about the trial that tried to be persuasive.
• Last week, jurors heard about the ex-governor's work habits from Greenlee, who testified that Blagojevich was in the office less than eight hours a week. Prosecutors also played FBI wiretaps of Patti and Rod Blagojevich cursing, furious over Tribune editorials criticizing Rod.
• Former advisor John Wyma will likely testify as one of the next witnesses.

 

UPDATE:  4:50 p.m.
Court is adjourned for the day. It will resume tomorrow with FBI Agent Cain back on the stand.

The judge told the prosecutors if they want to use the FOB D-2 chart, they will have to remake it and take off the $1.2 million total.

 

 

UPDATE:  4:40 p.m.
The sidebar is over.

The judge asked to look at the chart. Before the defense asked for a sidebar, the prosecution was in the process of showing the chart to FBI Agent Cain. Cain said he helped put together the chart detailing FOB D-2 expenditure reports, showing how high Blagojevich's bills with Winston and Strawn were.

The prosecution said one reason Blagojevich gave on tape for not running for re-election is that he needed money for campaign fund to pay his legal bills.

Blagojevich defense attorney Sorosky is arguing there is not one "scintilla" of evidence that Blagojevich committed any of the crimes of which he's accused. Sorosky said showing this information to the jury will be prejudicial and has no probative value.

The judge asked why Goldstein asked Cain on his first cross-examination if any of this money ended up in the governor's pocket. Judge not sure why Goldstein asked that question, but he said Cain answered it by saying the money went to a fund over which Blagojevich had control.

The judge said none of the bills seemed gigantic until you get to 2006: the total was $735,000 by the end of 2006.

The judge is reading over letters sent from Winston and Strawn to Blagojevich regarding how his legal bills are not being paid. The judge said the prosecution can establish that Blagojevich amassed large legal bills over time, but can't show a chart with a total of $1.2 million on it for legal bills.

Sorosky argued that on the tapes, Blagojevich never said he needed to raise money for legal bills. But prosecution shot back, and said he did. The judge said he wasn't going to let them argue over this, and someone needed to show him where Blagojevich refers to raising money for his legal bills.

Blagojevich's defense attorney just handed the judge their revised list of tapes they want played. They added these tapes will show Blagojevich's state of mind, and no intent.

 

 

UPDATE:  4:25 p.m.
The prosecution called FBI Agent Daniel Cain. They showed him Government Exhibit #14; it's a chart that Cain helped put together regardign FOB D-2 reports. It shows expenditures to the law firm Winston and Strawn.

Defense attorneys objected and asked for sidebar.

 

UPDATE:  4:20 p.m.
The prosecution asked Greenlee about the list of proposals Blagojevich wanted Speaker Madigan to agree to if Blagojevich appointed Lisa Madigan to the Senate seat. Greenlee said everything Blagojevich wanted to do would have cost billions of dollars.

Greenlee said Blagojevich didn't ask him to do anything to get those bills moving.

The prosecution asked Greenlee about the Jackson issue. Greenlee said it was clear Blagojevich would be appointing Jackson to the seat in exchange for campaign contributions.

The prosecution asked what Blagojevich told Greenlee about trying to involve national people if he indicated he was going to appoint Jackon. Greenlee said Blagojevich thought they would pay attention if they thought he was going to appoint Jackson.

The prosecution asked Greenlee if he did what Blagojevich told him to do (i.e., research ambassadorships, lobbying rules, etc.) and yet Blagojevich called Greenlee "ridiculously naive" at one point and said he'd fire Greenlee for mentioning Tammy Duckworth as a Senate candidate. Greenlee agreed.

Greenlee said he waited for prior approval from Blagojevich before making any decisions as deputy governor, the State of Illinois would have ground to a halt.

When Greenlee did bring budget issues to Blagojevich, Greenlee said Blagojevich often said "Just get it done," which is what Greenlee said he'd do. Otherwise, Greenlee said Blagojevich didn't raise budget issues with him.

The prosecution finished with re-direct.

Goldstein started his re-cross.

Goldstein argued that Greenlee gave Blagojevich advice when he told Blagojevich the HHS position was "a totally legitimate ask." Greenlee said he wasn't giving Blagojevich legal advice.

Prior to becoming Deputy Governor, Greenlee said he didn't have a close relationship with Blagojevich and worked as his Deputy Governor for approximately six months. In those six months, Greenlee said Blagojevich never gave a budgetary reason for holding up a bill.

Goldstein finished.

The prosecution asked more re-direct questions about the rate increase for Children's Memorial Hospital.

Goldstein asked one more re-cross question: whether Greenlee was fired from the Governor's Office. Greenlee said no, he quit a week after Blagojevich was arrested.

Greenlee is done testifiying.

The prosecution is reading stipulations on to the record regarding the next witness' testimony.

 

 

UPDATE:  4:00 p.m.
Court is back in session after a short break.

Goldstein asked Greenlee about the horse racing bill.

Greenlee said this bill and approximately 20 others were waiting for Blagojevich's signature in November and December 2008. He's not sure if all were signed before their 60 day expiration. (The governor has 60 days to sign a bill or veto it. If the governor doesn't take any action, then the bill becomes law after 60 days.)

Goldstein asked Greenlee about how the governor's legal team reviewed pending legislation for "poison pills" before the governor takes action.

Goldstein asked Greenlee about how Greenlee being an attorney in good standign and knowing what attorney misconduct is. Prosecution objected, judge sustained.

Goldstein asked Greenlee how many times he spoke with FBI agents and U.S. Attorney in preparation for his testimony. Greenlee said he told them everything he knew about the time period in question.

Goldstein asked Greenlee about not having a grant of immunity to testify in this case.

Goldstein ended his cross-examination by asking Greenlee if he's been charged with one crime. Greenlee said no.

On re-direct, the prosecution asked Greenlee if he sought out Harris for legal advice, because Blagojevich sought out Harris for legal advice. Greenlee said no.

Greenlee said he's a corporate lawyer and has never been a criminal attorney. He said he never talked to Blagojevich about law school or had any conversation with Blagojevich about his legal background. He said Blagojevich never sought legal advice from him.

Greenlee said policy and budget were his areas of expertise while working in the governor's office.

 

 

UPDATE:  3:30 p.m.
During the break, Judge Zagel asked Goldstein about his last line of questioning for Greenlee.

Goldstein said he's trying to impeach Greenlee by asking him about the Lisa Madigan deal going forward. On tape, Greenlee makes a statement to the effect of indicating the deal is going forward, but on the stand, he said deal wasn't going forward.

The prosecution argued that Greenlee really didn't know much about the deal, and what Greenlee knew came from Blagojevich, and that often Greenlee said things to Blagojevich to placate him.

The judge said that Goldstein has become too repetitive in his questioning and if he thinks he can get anything more out of Greenlee, to call him in his case.

Court still on short break.

 

 

UPDATE:  3:20 p.m.
After December 4, 2008, Greenlee said there were several more conversations about the Lisa Madigan deal but he's not aware of any action taken to move things along.

Goldstein asked Greenlee about the relationship between Blagojevich and Speaker Madigan. When asked if it was cold, he said, "Yes."

Goldstein asked Greenlee if people in Washington wanted Jackson. Greenlee said he didn't know. When asked if he (Greenlee) didn't want Jackson appointed to the Senate seat, Greenlee said no, he didn't. (Earlier, Greenlee told Blagojevich he'd quit if Jackson was appointed.)

Goldstein was trying to ask Greenlee if Blagojevich needed an emissary to approach Speaker Madigan about the Lisa Madigan deal. Prosecution objected and the judge sustained.

Goldstein asked Greenlee about a December 8 conversation with Blagojevich in which Blagojevich said Rahm Emanuel offered to be the emissary in the Lisa Madigan deal. Prosecution objected and the judge sustained.

Goldstein keeps trying to ask Greenlee if he knew of Emanuel being involved in trying to get the Lisa Madigan deal done. Greenlee said he didn't know of anyone trying to move that deal forward including Emanuel, and that Greenlee doesn't know Emanuel personally or professionally.

Court on 15 minute break.

 

UPDATE:  3:15 p.m.
Goldstein asked Greenlee about any input from Harry Reid, Senator Dick Durbin or Senator Bob Menendez regarding the Senate seat appointment.

When Blagojevich said, "It's going to be Jesse Junior if we don't get this Lisa thing done" -- Greenlee said Blagojevich was using "the royal we," meaning Blagojevich was using "we" to refer to himself, and that Blagojevich goes on to indicate he'd exchange the Senate seat for Jackson's campaign funds.

Goldstein asked if Greenlee reported that to law enforcement or the Inspector General's office. Greenlee said no.

 

 

UPDATE:  3:00 p.m.
Goldstein asked Greenlee about a November 1, 2008 (8:47 a.m.) converstaion he had with Blagojevich where both Greenlee and Blagojevich agreed that Speaker Madigan would make this deal. Greenlee says he doesn't recall. Goldstein showed him the call transcript.

After looking at this transcript from November 1, and the list of proposals he put together at Thanksgiving, Greenlee said Goldstein is talking about two different deals -- one talked about in general, and one talked about in detail.

Goldstein then asked Greenlee about a December 4, 2008 conversation with Blagojevich where Jesse Jackson, Jr. was the topic of conversation. Fred Yang was also involved in this conversation.

Greenlee said in this December 4 conversation, Blagojevich said appointing Lisa Madigan to the Senate seat is still teh first option, as they had agreed upon while in Philadelphia.

On tape, Blagojevich said she gave him the better opportunity for the public and the people, and therefore is the first play. Greenlee said Blagojevich is saying that the bills he wants to pass will be good for the people of Illinois.

On tape, Blagojevich said in second place it's either me or Jackson. Greenlee said Blagojevich was thinking Jackson was Senate option number 2, after Lisa Madigan.

On tape, Blagojevich said, "You've got to be careful here. You don't know what's going on. You can't be talking too much."

Greenlee said he really understand what Blagojevich was saying so he said, "I hear ya" to calm him down, because Blagojevich seemed to be getting worked up.

When Blagojevich said, "I need to leverage Jackson with those f***ing national people," Greenlee said he understood but didn't believe what Blagojevich was saying.

 

 

UPDATE:  2:40 p.m.
Goldstein asked Greenlee about a Nov. 5, 2008 conversation he had with Blagojevich where Blagojevich asked if other states had an All Kids program like Illinois did; Greenlee said he told Blagojevich he didn’t know and that Blagojevich told him to find out the answer by the date of an upcoming press conference.

Goldstein asked Greenlee about telling Blagojevich what he thought Blagojevich wanted to hear regarding Blagojevich not being invited to the Obama election night rally in Grant Park.

Goldstein questioned Greenlee about when Blagojevich asked him if a wife of a Senator could also work as a lobbyist while the senator is in office. Greenlee said he had a staff member help him find out the answer to this question, being that a wife can work as a lobbyist but she can’t lobby her husband the senator. Goldstein tried to argue that Greenlee provided legal advice to Blagojevich by finding this information, but the judge sustained an objection by the prosecution.

Goldstein asked about a Nov. 7, 2008 phone call at 1:23 p.m. between Blagojevich and Greenlee. In the call, Blagojevich mentioned going out to “D.C. for two years and just doing that." Greenlee said Blagojevich was talking about appointing himself to Senate and Patti working as a lobbyist. In the call, Greenlee said he didn’t necessarily disagree with him. Greenlee said he wasn’t agreeing or disagreeing with the Blagojevichs about moving to Washington, D.C.

From Nov. 13 to Dec. 1, 2008 Greenlee testified there were several “unfocused” conversations with Blagojevich about the seat, and some of them involved appointing Lisa Madigan. Greenlee said Blagojevich would appoint Madigan in exchange for a series of proposals that dealt with issues including small businesses, health care and anti-foreclosure.

Goldstein questioned Greenlee about a list of proposals Blagojevich asked him to put together of things they’d ask Speaker Mike Madigan for in exchange for appointing Lisa Madigan to Senate.
Greenlee said he didn’t believe the whole list could be passed, and he said Blagojevich stated earlier that most, if not all, of the list would have to be passed to make the deal.

 

UPDATE:  2:23 p.m.
Court resumed after lunch break as Blagojevich defense attorney Aaron Goldstein resumed his cross-examination of Greenlee.

Over the break, defense attorneys filed a motion asking for a continuance in the trial, saying the prosecution was wrapping its case much earlier than they had forecast and the defense had not been given enough time to prepare. ( Read the motion [PDF] )

Greenlee testified he never told Blagojevich that getting a nonprofit position in exchange for the Senate seat couldn’t happen.

When asked if he ever reported these conversations to the Illinois inspector general, Greenlee said no.

Goldstein asked Greenlee about talking ethics training as a state employee; Greenlee testified he took it online every year he was employed by the state and passed. Goldstein questioned Greenlee as to why he didn’t call the Illinois inspector general about Blagojevich and the Senate seat. He asked Greenlee if he knew who the inspector general was, where the office was located and received the phone number during ethics training.

 

UPDATE:  1:11 p.m.
Just after the court broke for lunch, Judge Zagel held a status hearing on a request from the media to release jurors’ names. He said he won’t rule until a hearing is held on the matter, which he tentatively scheduled fro July 23. He said he would make a decision shortly after the hearing.

He said one thing that concerns him is that he told jurors their names would be sealed until the verdict, and doesn’t like the idea of going back on what he told them. He also said he would have to consider the fact that there are 17 sitting on the jury now, but only 12 will be on the final jury.

Zagel also mentioned three emails he has received regarding the trial and said he had been stopped by a man on the street about it. He said nothing was threatening, they just expressed strong opinions. He said one was about not letting Blagojevich go to Costa Rica to appear in a reality show, one was about him being on the show Apprentice (and how if he couldn't type, he couldn't have committed the crimes) and one said the writer hoped Blagojevich got what he deserved.

 

UPDATE:  12:40 p.m.
Goldstein questioned Greenlee about Blagojevich, the Senate seat and an Oct. 2008 phone call. In the call, Blagojevich mentioned being appointed to a cabinet position with health and human services, and Greenlee told him it was an option and that he’d still be relevant on political scene if he got it. They also discussed possible ambassadorships for Blagojevich. Goldstein asked Greenlee if he agreed with or objected to Blagojevich on any of the points during the phone call, and Greenlee said he didn’t agree or object.

Goldstein asked Greenlee about him meeting with Blagojevich Nov. 3, 2008, after Blagojevich met with Tom Balanoff earlier that day. Several other Blagojevich advisors were also present. Goldstein asks Greenlee if he, John Harris, or Bill Quinlan objected to Blagojevich saying he might purse these options in exchange for the Senate seat. Greenlee said he "doesn’t recollect."

Goldstein now asking about a call from Nov. 4, 2008 at 12:19 p.m. In the call, Greenlee said Blagojevich was relaying a phone call he had with Doug Scofield and how Blagojevich didn’t like some things Scofield had said. Goldstein asked if he saw Blagojevich with Scofield again, and Greenlee said he did. Earlier, Greenlee testified if you disagreed with Blagojevich he'd shut you out and then you couldn’t get your work done.

Greenlee confirmed he and other Blagojevich advisors were discussing Blagojevich taking the HHS position as of Nov. 5, 2008, but Goldstein said no requests were made. Greenlee disagreed and said it was his understanding Blagojevich made an implied request for the position when talking to Tom Balanoff on Nov. 3. Greenlee was not present for that conversation; he was going off what was told to him.

Goldstein questioned Greenlee about when Greenlee told Blagojevich asking for HHS was a "totally legitimate ask." Greenlee said he was basically trying to tell Blagojevich what he wanted to hear and that he didn’t think legitimate was the same as legal.

Goldstein went over more instances in the conversation where Greenlee said he was agreeing with Blagojevich in hopes of figuring out what Blagojevich was thinking so he could tell Blagojevich what he wanted to hear.

Goldstein tried to argue when Greenlee was agreeing with Blagojevich that in some cases, he was giving Blagojevich advice. Greenlee disagreed.

Court went on lunch break for an hour, after which cross-examination will continue.
Zagel began revisiting the issue of releasing juror names.

 

UPDATE:  12:14 p.m.
Blagojevich defense attorney Aaron Goldstein questioned Greenlee about the Chicago Tribune and the deal to sell Wrigley Field to the state. Greenlee testified he was intimately involved in the deal and it has been in the works for some time.

Goldstein asked Greenlee about a Nov. 3, 2008 conversation between Greenlee and Blagojevich.

In the call, Greenlee said, "It is a factor and one you have to weigh heavily." Greenlee testified he was talking to Blagojevich about how possibly being impeached factored into his decision about who to appoint to the Senate. Greenlee added he was also just telling Blagojevich what he thought Blagojevich wanted to hear; he didn’t think impeachment factored into the decision.

In the call, Greenlee also said if Blagojevich was impeached, it would be purely political.

Goldstein asked Greenlee if he thought, based on this conversation, if there was a political conspiracy against Blagojevich. Greenlee said no, despite indicating he did on the tape.

Goldstein asked Greenlee if he thought he hadn’t seen a fair story by the Tribune about Blagojevich, and again Greenlee said he didn’t think that despite indicating that on tape.

Goldstein asked Greenlee about another conversation he had with Blagojevich on Nov. 3, 2008 at 9:39 p.m. about the Tribune deal in which Patti told him to hold up that "f***ing Cubs s***." In the call, Greenlee told Blagojevich to get rid of the Tribune if he wanted to get the Cubs thing done. Goldstein asked if until Greenlee said that, anyone was talking about getting rid of the Tribune. Greenlee said no one was talking about getting rid of the Tribune until then.

Goldstein asked Greenlee about Patti asking him to help her find jobs in the financial services industry. Goldstein asked about an executive order from 2007 that barred spouses from lobbying in the governor's office. Greenlee said he didn’t know who drafted the order. Goldstein asked if there was a state law prohibiting family members from working with the state, and Greenlee said no. Goldstein was trying to argue if Patti got a job working for the state, it would be illegal.

 

UPDATE:  11:02 a.m.
Rod Blagojevich defense attorney Aaron Goldstein began cross-examining Greenlee.

Greenlee confirmed John Wyma contacted Greenlee in July 2008 so he could meet with Patrick Magoon, CEO of Children’s Memorial Hospital. He said he did not tell Blagojevich.

Greenlee says he met with them in Aug. or Sept. 2008, and Magoon wanted $4 to $12 million for a hospital expansion and the he told him they didn’t have the money because the capital bill hadn’t passed yet.

Greenlee testified Magoon asked for an increase in the reimbursement rates for the hospital doctors. He said the meeting lasted about 45 minutes and he didn’t call Blagojevich to tell him about the meeting.

Goldstein asked Greenlee about meeting with Director of the Department of Public Health Barry Maram regarding the rate increase. Goldstein asked Greenlee detailed questions about how the rate increase would affect not just pediatric doctors, but adult doctors as well. Greenlee didn’t remember exact details, and Goldstein showed Greenlee a copy of the report of an interview he did with the FBI.

Greenlee said Maram recommended that the rate increase affect both doctors and mentioned two different dates to implement them. Greenlee said he eventually told Maram to go forward with the rate increase for pediatric doctors only.

Greenlee said he didn’t tell Blagojevich about the meeting with Maram.

Goldstein asked Greenlee how he was working on the issue himself when Blagojevich called him out of the blue in late Sept. or early Oct., how Blagojevich asked Greenlee if it made sense, and how Greenlee said yes, it fit with their policy agenda. Greenlee confirmed those statements and that he told Blagojevich how much it would cost.

Greenlee testified there were not budget constraints on doing the plan, depending on how they handled it. Greenlee said a state health agency would pay for it out of their budget but would be reimbursed in federal funds.

Until Blagojevich called Greenlee about Children’s Memorial Hospital, Greenlee testiifed he had not spoken to Blagojevich about it. In the phone call, Greenlee said Blagojevich told him to get moving on this issue so it would be ready to go.

Goldstein asked Greenlee about a press release regarding the issue, but Greenlee said there wasn’t one issued and that the state was in the middle of financial difficulties with many state employees being laid off and programs being cut. Goldstein asked if the economy was a reason to not announce this expenditure, and Greenlee said they would usually announce it because the state spends millions of dollars each year.

Goldstein asked Greenlee about a Nov. 12, 2008 phone call with Blagojevich and published the transcript of this call.

In the call, Greenlee said Blagojevich asked him if the rate increases for doctor services at the hosp had taken effect yet, and he told Blagojevich it would take effect Jan. 1, 2009.

Greenlee testified Blagojevich said "We could pull this back if we needed to” for “budgetary concerns." Goldstein tried to argue that Blagojevich only asked if they could do it: that it was a possibility to pull it back, not that he would actually do it.

Greenlee confirmed he told Blagojevich, "We sure could,” meaning they could pull back state money for the hospital rate increase for budgetary reasons.

Goldstein argued when Blagojevich said “good to know,” he was only acknowledging the information Greenlee just gave him. Greenlee disagreed, saying he understood that Blagojevich didn’t want it done and that he shouldn’t move forward until he heard otherwise.

Goldstein asked Greenlee if Blagojevich always gave him orders in the form of questions and if Greenlee ever questioned them.

Goldstein continued to ask questions about whether there was substantive conversation about the rate increase or direct orders not to pursue the deal in the call or further conversations, but the judge sustained several objections from the prosecution.

 

UPDATE:  10:35 a.m.
Rob Blagojevich’s attorney Cheryl Schroeder began the defense’s cross-examination of Greenlee.

Schroeder asked Greenlee about the list of Senate candidate qualifications he developed along with Harris and who he sent it to. Greenlee testified it was sent to Rob Blagojevich for his input.

Greenlee said he didn’t ask for input from Rob Blagojevich about nonprofit positions or possible ambassadorships for Blagojevich.

Greenlee said no one called Rob Blagojevich to attend a debriefing meeting with Rod Blagojevich after he met with Tom Balanoff in early November, but several other top advisors for Blagojevich were there. In addition to this meeting, Greenlee said there were several other discussions with Blagojevich about the Senate seat.

Greenlee testified Rob Blagojevich was not invited to a meeting in Philadelphia to talk about the seat.

Greenlee also testified he was very surprised when Blagojevich brought up Jesse Jackson, Jr. as a serious candidate in late November.

Schroeder finished with cross-examination for Rob Blagojevich.

 

UPDATE:  10:24 a.m.
Court was called into session and the prosecution resumed its direct examination of Bob Greenlee by asking Greenlee about a horse racing bill that was up for renewal in 2008. Earlier witnesses testified Blagojevich tried to shake down horse track owner John Johnston for a donation in exchange for signing the bill.

Greenlee testified the first time Blagojevich asked him about this bill was around Nov. 11, 2008 at the start of the fall veto session, and he asked about it again at the end of the session, around Nov. 20, 2008. Greenlee said Blagojevich wanted to know if the bill had passed and needed his signature. Greenlee testified he found out the bill had passed.

When the prosecution asked Greenlee if there was any reason this bill shouldn’t or couldn’t be signed, or if it needed to be buried by another bill, Greenlee said no. Greenlee said the longest the bill could have been in effect was three years, but there were provisions that meant it could be for a shorter amount of time.

The prosecution asking Greenlee if he had a conversation with Patti in summer 2008 about getting her a job. Greenlee said Patti asked him about places she could work with her series 7 license. Greenlee said he told her he'd look into it, but he did not do so.

The prosecution was done with its direct examination.

 

UPDATE:  9:31 a.m.
Blagojevich arrives with wife Patti at the Dirksen Federal Building.

 

Prosecution Likely to Rest Soon in Blago Trial | Originally Reported By: MyFoxChicago.com

 

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