Court to Weigh Release of Tapes in Blagojevich Case to House Panel

CHICAGO - Federal authorities yesterday filed a motion asking for court permission to release portions of taped recordings that led to Illinois Gov. Rod Blagojevich's arrest earlier this month on criminal corruption charges to a House impeachment committee.

U.S. District Court Chief Judge James Holderman will hear the motion filed by the U.S. Attorney's office next Monday. If approved, the action would mark a significant development for the special investigative committee set up to consider impeaching the governor following his arrest on various pay-to-play charges.

The governor is accused of trying to profit from his power to name President-elect Barack Obama's Senate replacement. He is also accused of various pay-to-play allegations that include shaking down a hospital for campaign contributions in exchange for state aid and seeking the firing of a critical Chicago Tribune editorial board member in exchange for state financing assistance.

With the state facing a $2 billion budget deficit and further credit downgrades, the committee hopes to soon wrap up its work and make a recommendation to the House on whether the governor should face impeachment proceedings.

In a Dec. 18 letter to Patrick Fitzgerald, U.S. Attorney for the Northern District of Illinois, the committee requests guidance from the office on conducting interviews with various former and current state officials and other individuals that may be able to provide information on allegations in the criminal complaint.

The list includes former state budget director and chief operating officer John Filan and current budget director Ginger Ostro. Neither is named in the 76-page Federal Bureau of Investigation affidavit outlining the allegations against the governor. The committee's letter also asks the U.S. Attorney's office to identify the various unnamed officials in the affidavit and it seeks access to taped recordings made by FBI agents of the governor cited in the affidavit.

While federal authorities have asked the committee not to interview aides to Obama over concerns it could interfere with their investigation, they support the release of portions of four tapes in redacted form to aid the committee in its efforts to make a "fully-informed investigation and report."

The recordings are tied to allegations that the governor was seeking campaign contributions in exchange for signing a gaming bill that would benefit the horse racing industry.

"These calls bear on a discrete episode of criminal conduct alleged in the complaint affidavit," the motion reads, adding that their release would not interfere with the ongoing investigation and prosecution.

At the committee's hearing yesterday, Blagojevich's attorney Ed Genson said the committee cannot legally consider the tapes as evidence because the governor has not been indicted on any charges. Genson also criticized the committee, arguing that the evidence provided so far doesn't support impeachment. He also said the governor would not testify before the committee.

The committee has countered that it is weighing both the pending criminal allegations and other accusations of misuse of power against the governor during his six-year tenure in the office. The committee will recommend to the full House whether the governor should face an impeachment vote. If eventually removed from office, Lieut. Gov. Pat Quinn would become governor.

The governor continues to show up for work amid widespread calls for his resignation. Lawmakers have charged that the pending criminal charges first announced Dec. 9 are crippling state operations and make it difficult to solve the state's fiscal crunch.

Fitch Ratings recently downgraded the state one notch to AA-minus and Standard & Poor's has placed its AA credit on negative CreditWatch citing the political complications posed by the criminal charges. Moody's Investors Service knocked the state's short-term rating down a notch ahead of a $1.4 billion note sale Dec. 16, hurting investor interest in the issue. The treasurer's office said the higher interest rates carry a $20 million price tag.

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