Metering is ON
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Saturday, May 26, 2012

Blagojevich verdict clouds Fitzgerald's future


With a string of high-profile prosecutions under his belt, U.S. Attorney Patrick Fitzgerald exuded confidence when he first presented corruption charges against former Illinois Gov. Rod Blagojevich in late 2008.

The prosecutor, once described as "Eliot Ness with a Harvard law degree and a sense of humor," raised eyebrows when he appeared to go beyond the normally dry recitation of facts by accusing Blagojevich of a "political corruption crime spree" that would make "Lincoln roll over in his grave."

But last week in the courtroom, the man often mentioned as a candidate to be the next FBI director suffered a setback: Jurors deadlocked on all but one charge. The failure to win a bigger conviction has now raised questions about possible missteps by prosecutors -- and about Fitzgerald's future.

"He's been there for three presidential terms, and that's unusual," said Phil Turner, who was a federal prosecutor in Chicago before Fitzgerald's tenure began. "The power can go to your head. . . . You can't get personal with defendants, and he does."

Most legal observers in Chicago insist that one case, even as notable as the Blagojevich prosecution, does not undermine decades of success.

"I think his legacy of success is quite entrenched," said Harold Krent, dean and professor at the Chicago-Kent College of Law. One setback will not "do much to tarnish the image."

The 49-year-old Fitzgerald rose to prominence by convicting another former Illinois governor, George Ryan, of corruption, and media mogul Conrad Black of defrauding investors.

He was also tapped to be the special prosecutor in Washington's CIA leak case, eventually convicting former Vice President Dick Cheney's top aide, I. Lewis "Scooter" Libby, for perjury and other offenses.

In the Blagojevich investigation, some critics have questioned whether Fitzgerald moved too fast to arrest the former governor, whether his team put on an overly complicated case and whether he became too personally involved in the matter.

After last week's hung jury, two of the nation's largest newspapers struck hard at Fitzgerald, with one saying he should drop the Blagojevich case, and a second calling on him to resign.

A Washington Post editorial said the prosecutor got his shot at Blagojevich and lost and "should stand down before crossing another fine line -- the one that separates prosecution from persecution."

The same day, the Wall Street Journal wrote, "If Mr. Fitzgerald doesn't resign of his own accord, the Justice Department should remove him."

On Tuesday, jurors convicted Blagojevich of only the least serious of 24 corruption charges -- lying to the FBI -- and deadlocked on 23 others. Prosecutors said they intend to retry Blagojevich as quickly as possible.

Some jurors and legal analysts said Fitzgerald may have had Blagojevich arrested too soon.

But a former prosecutor who worked with Fitzgerald on the CIA leak case defended the decision.

"You want to swoop down, say, after a drug deal goes through," said Peter Zeidenberg, who now works in private practice in Washington. "But you're talking here about a Senate seat. Are you really going to swoop down after someone becomes the senator- What do you do then- "

Zeidenberg took issue with claims that Fitzgerald blew the Blagojevich case.

"Hung juries are not a loss for the government as they are not a win for the defendant. Ties don't go to the defendants -- they are just ties," he said.

For now, it appears that Fitzgerald is staying put.

"I think anybody would say he's doing a spectacular job leading that office, and it's a spectacular office to lead," said Ron Safer, also a former federal prosecutor. "Why would anybody leave that job before it's necessary- "

AP

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