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MOTION FOR THE COURT TO ISSUE A TRIAL SUBPOENA TO PRESIDENT BARACK OBAMA

Now Comes Defendant Rod Blagojevich, by and through his counsels and hereby requests this court issue a subpoena ad testificandum for President Barack Obama. In support of said motion, defendant states the following:

1. President Barack Obama was elected November 4, 2008 and was inaugurated January 20, 2009. Before being elected President, Mr. Obama was a United States Senator from Illinois.

2. As a result of the election of Mr. Obama, his Senate seat was open for appointment by Governor Rod Blagojevich.

3. The charges against Mr. Blagojevich stem from his appointment of President-elect Obama’s vacated Senate seat.

4. According to media reports, President Obama was interviewed by two United States attorneys and two FBI agents for two hours. (Although it is the defense’s position that all tapes and sealed information be made public, to comply with the Protective Order of April 14, 2009, portions that contain sealed information provided by the government have been redacted. The defense, however, urges this Court unseal the entire motion...)

5. On December 19, 2009, the defense filed a Motion for Discovery. In that motion, the defense requested all notes, transcripts, and reports generated from the government’s interview of President Barack Obama.

6. As of today’s date, the defense has not received any notes, transcripts, or reports from President Obama’s interview with the government.

7. The government alleges that Defendant Rod Blagojevich met “with a labor union official who he believed to be in contact with the President-elect in regard to the vacant Senate seat, and suggested to the labor union official that Rod Blagojevich would appoint Senate Candidate B to the vacant Senate seat in exchange for Rod Blagojevich being named Secretary of Health and Human Services.” (Indictment p. 101, para. 10(c)).

8. President Obama has stated publicly that he was “confident that no representatives of mine would have any part of any deals related to this seat.”

9. Yet, despite President Obama stating that no representatives of his had any part of any deals, labor union president told the FBI and the United States Attorneys that he spoke to labor union official on November 3, 2008 who received a phone message from Obama that evening. After labor union official listened to the message labor union official told labor union president “I’m the one”. Labor union president took that to mean that labor union official was to be the one to deliver the message on behalf of Obama that Senate Candidate B was his pick.

10. Labor union official told the FBI and the United States Attorneys “Obama expressed his belief that [Senate Candidate B] would be a good Senator for the people of Illinois and would be a candidate who could win re-election. [Labor union official] advised Obama that [labor union official] would reach out to Governor Blagojevich and advocate for [Senate Candidate B].. . . [Labor union official] called [labor union president] and told [labor union president] that Obama was aware that [labor union official] would be reaching out to Blagojevich."

11. According to Senate candidate B, on November, 4 2008, Senate Candidate B spoke with labor union official about the Senate seat. Labor union official said he spoke to Obama. Labor union official said he was going to meet with Blagojevich and said “he was going to push Blagojevich hard on this. According to Senate Candidate B, labor union official’s language could have been stronger than the language that she was reporting to the government.”

12. On November 5, 2008, Blagojevich told John Harris that labor union official "talked to Barack Obama, wants to come and see me.” Blagojevich then told Harris that labor union official “was very explicit with me, “I talked to Barack about the Senate seat. Can I come and see ya? Can I do it tomorrow?’ I said, sure.” (Blagojevich Home Phone Call # 261).

13. A supporter of Presidential Candidate Obama suggested that she talk to the wife of Governor Blagojevich about Senate Candidate B for Senator. Supporter of Presidential Candidate Obama is mentioned in a phone call on November 3, 2008, having offered “fundraising” in exchange for Senate Candidate B for senator (Blagojevich Home Phone Call # 149).

14. President Obama has direct knowledge to allegations made in the indictment. In addition, President Obama’s public statements contradict other witness statements, specifically those made by labor union official and Senate Candidate B. It is anticipated that labor union official will be a witness for the government. His accounts of events directly related to the charges in the indictment are contradicted by President Obama’s public statement.

15. [However], the prosecutor in this case indicated “there’s no allegation that the president elect – there’s no reference in the complaint to any conversations involving president elect or indicating that the president-elect was aware of it.”

16. There are two conflicting stories and the defense has the right to admit evidence that contradicts the government’s claims. Only President Obama can do this.

17. President-elect Obama also spoke to Governor Blagojevich on December 1, 2008 in Philadelphia. On Harris Cell Phone Call # 139, John Harris and Governor’s legal counsel discuss a conversation Blagojevich had with President-elect Obama. The government claims a conspiracy existed from October 22, 2008 continuing through December 9, 2008. That conversation is relvant to the defense of the government's theory of an ongoing conspiracy. Only Rod Blagojevich and President Obama can testify to contents of that conversation. The defense is allowed to present evidence that corroborates the defendant's testimony.

18. President-elect Obama also suggested Senate Candidate A to Governor Blagojevich. John Harris told the FBI and the United States Attorneys that he spoke to President’s Chief of Staff on November 12, 2008. Harris took notes of the conversation and wrote that President’s Chief had previously worked as Blagojevich's press secretary. Obama's Chief of Staff told Harris that Senate Candidate A was acceptable to Obama as a senate pick. (Harris handwritten notes, OOG1004463) President’s Chief of Staff told the FBI that “he could not say where but somewhere it was communicated to him that” Senate Candidate A was a suggested candidate viewed as one of the four “right” candidates “by the Obama transition team.” Harris told Blagojevich Obama's suggestion on November 12, 2008.

19. President-elect Obama was also involved in other senate candidate choices. On December 8, 2008, John Harris’ secretary’s call log noted President’s Chief of Staff called at 10:47 am and wrote “needs to talk to you asap” President’s Chief of Staff told the FBI that he had a conversation discussing the Senate seat with Obama on December 7, 2008 in Obama’s car. President’s Chief of Staff told the FBI “Obama expressed concern about Senate Candidate D being appointed as Senator. [President’s Chief of Staff] suggested they might need an expanded list to possibly include names of African Americans that came out of the business world. [President’s Chief of Staff] thought he suggested Senate Candidate E who was the head of the Urban League and with President’s Chief of Staff’s suggestion."

20. President Barack Obama has direct knowledge of the Senate seat allegation. President Obama’s testimony is relevant to three fundamental issues of that allegation. First, President Obama contradicts the testimony of an important government witness. Second, President Obama’s testimony is relevant to the necessary element of intent of the defendant. Third, President Obama is the only one who can say if emissaries were sent on his behalf, who those emissaries were, and what, if anything, those emissaries were instructed to do on his behalf. All of these issues are relevant and necessary for the defense of Rod Blagojevich.

21. Tony Rezko is one of the government’s main witnesses.Mr. Rezko’s credibility is extremely relevant in this trial. In many instances, Mr. Rezko is the government’s crucial witness to prove up their allegations. Mr. Rezko wrote a letter to a federal judge stating “the prosecutors have been overzealous in pursuing a crime that never happened. They are pressuring me to tell them the “wrong” things that I supposedly know about Governor Blagojevich and Senator Obama. I have never been a party to any wrongdoing that involved the Governor or the Senator. I will never fabricate lies about anyone else for selfish purposes.”

22. However, the defense has a good faith belief that Mr. Rezko, President Obama’s former friend, fund-raiser, and neighbor told the FBI and the United States Attorneys a different story about President Obama. In a recent in camera proceeding, the government tendered a three paragraph letter indicating that Rezko “has stated in interviews with the government that he engaged in election law violations by personally contributing a large sum of cash to the campaign of a public official who is not Rod Blagojevich. … Further, the public official denies being aware of cash contributions to his campaign by Rezko or others and denies having conversations with Rezko related to cash contributions. … Rezko has also stated in interviews with the government that he believed he transmitted a quid pro quo offer from a lobbyist to the public official, whereby the lobbyist would hold a fundraiser for the official in exchange for favorable official action, but that the public official rejected the offer. The public official denies any such conversation. In addition, Rezko has stated to the government that he and the public official had certain conversations about gaming legislation and administration, which the public official denies having had. [Footnote No. 10 - The defense has a good faith belief that this public official is Barack Obama. See, “Obama on Rezko deal: It was a mistake”, Dave McKinney, Chris Fusco, and Mark Brown, Chicago Sun Times, November 5, 2006. Senator Barack Obama was asked: “Did Rezko or his companies ever solicit your support on any matter involving state or federal government? Did Al Johnson, who was trying to get a casino license along with Tony Rezko, or Rezko himself ever discuss casino matters with you?” Senator Obama answered: “No, I have never been asked to do anything to advance his business interest. In 1999, when I was a State Senator, I opposed legislation to bring a casino to Rosemont and allow casino gambling at docked riverboats which news reports said Al Johnson and Tony Rezko were interested in being part of. I never discussed a casino license with either of them. I was a vocal opponent of the legislation.” Obama’s involvement with Tony Rezko and this legislation coincides with the three paragraph summary the government has provided to the defense referenced above.]

23. President Obama is the only one who can testify as to the veracity of Mr. Rezko’s allegations above.

24. President Obama has pertinent information as to the character of Mr. Rezko. President Obama can testify to Mr. Rezko’s reputation for truthfulness [ahem] as well as his own opinion of Mr. Rezko’s character.

25. Based on the relationship that President Obama and Mr. Rezko had, President Obama can provide important information as to Mr. Rezko’s plan, intent, opportunity, habit and modus operandi. [Ed. Note: Yep, Obama is quite familiar with Rezko's habit and modus operandi. Heh.] For example, in June 2005, President Obama purchased a house for $1.65 million, $300,000 below the asking price. On the same day Tony Rezko’s wife, Rita, paid full price -- $625,000 -- for the adjoining land. In January 2006, Obama paid Mr. Rezko $104,500 for a strip of the adjoining land. The transaction took place when it was widely known that Mr. Rezko was under investigation. President Obama’s relationship with Tony Rezko is relevant and necessary.