Prediction: Blagojevich Will Not Face Re-Trial

Embarrassed Fitzgerald To Be Replaced 

Federal Prosecutor Patrick Fitzgerald pulled the trigger on prosecuting Illinois Governor Rod Blagojevich too soon, that's the sentiment of the Jury Foreman in the Blagojevich corruption trial.  Mainstream thought here in Illinois is that had Patrick Fitzgerald waited another few days to arrest Blago, the scheme to sell Obama's old Senate seat would've revealed one or more White House sources that were all involved in the scheme.  Rahm Emmanuel being amongst the highest ranking.

Instead as we now know, Fitzgerald sprung his trap early, "preventing a crime spree in progress" which may have ended up protecting several White House staff members.

I don't know if Fitzgerald knew and intentionally arrested Blagojevich early to protect several White House sources or not.  What's important is that the Jury Foreman and several other jury members believe Fitzgerald knew and arrested Blagojevich early for fear of what he may find via White House involvement, and having to potentially prosecute high ranking White House officials as a result.

Again, those are not my words, those are the words of the Blago Jury Foreman and several others that were interviewed on Chicago local area television last evening. 

So let's assume Jury foreman James Matsumoto was correct in his statements for a moment and ponder what a re-trial may mean.

As the Blagojevich legal team didn't put up a defense recognizing a hung jury when they saw one, could it possibly mean that a re-trial would force Federal Prosecutor Patrick Fitzgerald to look deeper into potential White House involvement in the "sale" of Barack Obama's old Senate seat here in Illinois?

Possibly.

And that my friends is what the Obama White House would fear most coming up to the November mid-term elections.  Fitzgerald has already vowed to re-try the case "as soon as possible" which may mean this September or October if Judge Zagel agrees.  This is a nightmare scenario for Obama and the Democrats already faced their own corruption scandals involving Charlie Rangel and Maxine Waters.  A "perfect storm" so to speak just in time for the November elections.

So here's my prediction: During some Friday night news dump by the White House in the not too distant future and before the November elections, Patrick Fitzgerald will be replaced as the Federal Prosecutor in the Blagojevich case by Eric Holder's Justice Department.  

Miraculously several weeks later during another Friday night news dump, the new Federal Prosecutor will decide not to re-try the case, and instead choose to pursue the maximum punishment for the one charge Blagojevich was convicted of, lying to the Federal Prosecutor, sending him to Oxford Wisconsin's Federal Penitentiary for the maximum 5 years sentence, and the maximum $250,000 fine. 

The result: Blago's out of public sight, no longer capable of proclaiming his innocence or staining the White House and the "Patrick Fitzgerald" problem that the Obama White House has been struggling with in removing him will have been solved.  It's no secret the White House and Eric Holder's in-Justice Department have been waiting to remove Fitzgerald.

Now, just what do I base these predictions on?  First, I predicted Blago would essentially walk.  The case was too complicated  with 24 charges, more than 120 individual counts, and 150 rules the Jury had to obey to convict or acquit Blagojevich.  As we know, Blago was convicted on the lesser of all charges lying to the Federal Prosecutor.  Essentially, this is the same "crime" committed by Martha Stewart, "Scooter" Libby and Bill Clinton.  I have serious doubts Blagojevich will spend even one day in prison.

Second, it wasn't one lone hold-out juror that prevented convictions on the other 23 charges against Blagojevich as much of the media is reporting.  On all but two charges against the former Governor, the jury was split either 5-7 Guilty/Not Guilty, or 7-5 Guilty/Not Guilty.  On one charge, the jury was unanimous "not guilty" and it was only the 24th charge, "Lying to the Federal Prosecutor" that the entire jury agreed to a guilty verdict on.

None of this bodes well for re-trying Blagojevich and you can bet someone in the White House has figured all this out much the same way I did, just by paying attention to the case.  

It is on these facts that I base my prediction that sometime in the next few weeks on a quiet friday evening, the White House will announce during a "news dump" that Patrick Fitzgerald has been replaced as the Federal Prosecutor in the Rod Blagojevich corruption scandal.  Furthermore, the next Federal Prosecutor will decide not to go forward with a re-trial and that also will be announced during a friday night news dump, so as to avoid repeated news cycles.

Now taking bets on my prediction.