* From the New York Times we have a more detailed report about the federal government’s attempt to freeze the governor’s campaign fund…
Gov. Rod R. Blagojevich of Illinois plans to ask that he be permitted to use campaign funds to defend himself against federal corruption charges, a lawyer who represents the head of the embattled governor’s campaign fund said Thursday.
Michael D. Ettinger, the lawyer for Mr. Blagojevich’s brother, Robert, who is chairman of the campaign fund, The Friends of Blagojevich, said that the governor would make the request to the judge assigned to his case when and if he is formally indicted.
“There’s a real question about how he will be able to pay for his defense,” Mr. Ettinger said. […]
Mr. Blagojevich may also be blocked from using campaign funds to pay for his defense. Mr. Ettinger said the fund has received a letter from the office of United States Attorney Patrick J. Fitzgerald warning that federal prosecutors would seek the forfeiture of the campaign contributions, and advising that the fund should not spend, dissipate, or conceal any of its resources. There was $3.6 million in the fund as of June 30, according to public filings.
* More from the Sun-Times…
Meanwhile, defense lawyer Michael Ettinger, who represents Robert Blagojevich, said there is an expectation that the governor’s campaign fund will be indicted.
“There’s precedent from [former Gov. George] Ryan,” Ettinger said. “I assume they’ll do that here too.”
If that happens, Ettinger said they’ll seek a hearing to have attorney fees set aside from the campaign.
Earlier this week, prosecutors notified the fund that they would seek to freeze it.
“Don’t spend it or conceal it or dissipate it, we’ll seek reimbursement if you do,” Ettinger said the letter stated.
* This bit of background shows that there is a precedent for using a frozen campaign fund to pay legal expenses, however…
Gov. Blagojevich’s last campaign finance report shows Friends of Blagojevich had $3.6 million in the bank as of June 30. The 76-page affidavit that accompanies the criminal complaint filed against Blagojevich cites a cooperating witness as saying his campaign was seeking to raise $2.5 million by the end of the year, when a tougher campaign fundraising law takes effect. […]
Putting attorneys and Blagojevich on notice that the campaign money could be forfeited if he were convicted could effectively freeze the fund — something the government did as it built its case against former Gov. George Ryan.
The Citizens for Ryan campaign fund eventually was charged and convicted of racketeering, although U.S. District Judge Rebecca R. Pallmeyer allowed the fund’s defense attorney to tap it for his fee.
* They want to use the campaign money because, as I told you yesterday, Attorney General Lisa Madigan has turned thumbs down on taxpayer financing…
Taxpayers will not have to foot the bill to defend Gov. Rod Blagojevich against criminal charges or moves to oust him from office, Illinois Attorney General Lisa Madigan said Thursday.
“It is absurd to suggest that taxpayers must finance the defense of a criminal action against Governor Blagojevich who is accused of corruptly betraying the public trust for personal and financial gain,” Madigan said in a letter to defense attorney Ed Genson.
Genson submitted a letter to Madigan Wednesday specifically outlining the cases against the governor and requesting the state pay for his defense in those cases.
Genson later claimed he didn’t expect taxpayers to fund his criminal defense, only his defense against ongoing impeachment proceedings.
Discuss.
* Related…
* Gov. Blagojevich on his own for legal bills
* AG rejects Blago request for representation
* Rod Blagojevich thwarted in attempt to have state pay legal costs