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Blago blogging: Following the Blagojevich trial almost in real time

Judge James Zagel is allowing real-time blogging from his courtroom durnig the Blagojevich trial.
Judge James Zagel is allowing real-time blogging from his courtroom durnig the Blagojevich trial.
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Associated Press

Finally, we hear actual testimony in the corruption trial of former Gov. Rod Blagojevich. You can follow it online, almost minute-by-minute, thanks to blogging by several media outlets.

The Sun-Times, Tribune, and Chicago News Cooperative provide the most frequent updates, though some TV stations are also posting about the proceedings before Judge James Zagel in Federal Court downtown (channels 5 & 9 & 32 seem to have the heaviest presence).

Between noon Tuesday and noon today, the Sun-Times filed the most reports, by far:

  •                 Sun-Times 26 updates
  •                 Tribune 10 updates
  •                 Chicago News Coop 9 updates             

The Sun-Times has Federal Courts Reporter Natasha Korecki inside the courtroom, with a couple of other reporters apparently in the “overflow courtroom” in the courthouse, where they can monitor an audio feed of the proceedings.

The Sun-Times trio is generally first online with developments.

For instance, when Blagojevich’s old pal and former chief of staff Lon Monk got on the stand, the S-T reported it at 11:20, while the Trib didn’t post til 12:50, and the News Coop had an update at 1:15 (WFLD- Fox 32 had a bare-bones update on Monk beng called to the stand, at 11:29).

The Sun-Times’ double-teaming has packed a good one-two punch. Sarah Ostman’s first post about Monk was matter-of-fact, apparently based on that overflow courtoom audio feed: “He is speaking clearly and calmly as he gives his age, 51, and place of residence, Decatur…”

Twenty minutes later, Korecki followed up with a you-are-there account from inside the courtroom:

“Lon Monk, Rod Blagojevich's longtime friend, roommate, groomsman and running buddy, walked into the courtroom and Blagojevich, sitting at the defense table, stared right at him.
Blagojevich followed him with his eyes all the way to the witness stand.
Monk purposely looked straight ahead as he walked right by the defense table.
When he got to the witness stand, Blagojevich leaned to his lawyer Shelly Sorosky and muttered something, looking irritated, shaking his head.”

The Trib duo of Jeff Coen and Bob Secter seems content to wait until a witness is done, and then write a more comprehensive summary of testimony. They didn’t file anything on the day’s first testimony — from FBI case agent Daniel Cain — until 11:21 AM. By then, the Sun-Times had posted three updates on Cain’s testimony.

The Trib post, though, contained some interesting elements not found in the S-T accounts, like the cross-examination by Blago lawyer Aaron Goldstein:

“Goldstein asked Cain about the practice of 'minimization' -- essentially turning off recording devices and tuning out of conversations that appeared irrelevant to the investigation. Cain acknowledged that many conversations were minimized. Court orders require agents not to listen to conversations not considered pertinent to their investigation.
Though never stated, the defense strategy is clearly pointed to leaving the impression that FBI agents may have missed vital conversations that would have shown Blagojevich’s innocence.”

The Chicago News Cooperative is updating less often, but is posting video of the ex-Gov. arriving at court each day. While it’s entertaining to watch a man in perma-campaign mode, Blago rarely says anything revelatory to the outside camera (asked this morning to assess his attorney’s opening statement, Blago replied: “Superstar. I guess he had the truth on his side.”)

Judge James Zagel struggled with how much real-time trial blogging to allow, finally ruling that bloggers could only use unobtrusive “Blackberry”-style devices to file their reports.

Blogging has the potential to open up the notoriously media-unfriendly Federal courts. Allowing real-time blogs may lower long-held resistance to camera coverage of Federal Court trials.

Indeed, some Federal judges believe the Federal Rules of Criminal Procedure’s prohibition against “the broadcasting of judicial proceedings from the courtroom” applies to bloggers.

The non-profit Citizen Media Law Project makes clear, though, that Judge Zagel is far from alone in allowing it:

"Despite these concerns and potential legal limitations, many judges are slowly warming to the idea. Some even welcome the use of computers and cell phones in the courtroom as a way to make the judicial system more accessible and transparent to the public. For example, Judge Mark Bennet of the United States District Court for the Northern District of Iowa said in an interview with the ABA Journal, 'I thought the public's right to know what goes on in federal court and the transparency that would be given the proceedings by live-blogging outweighed any potential prejudice to the defendant. . . . I allowed it because of my belief that we are the most mysterious branch of federal government and we need to find ways to be more transparent.' Similarly, Judge Thomas Marten of the United States District Court for the District of Kansas told the Associated Press (as reported in the New Mexico Independent), '[t]he more we can do to open the process to the public, the greater the public understanding—the more legitimacy the public system will have in the eyes of the public.'"

Judge Zagel did draw the line on blogging by the defendant, ruling that Blagojevich could not Tweet during his trial. Though his Twitter account has gotten lots of publicity, the ex-Gov. (through his publicist Glenn Selig) has had little to say about the trial itself. Blago’s tweet early this morning dealt instead with his daughter: “Amy’s graduation last night was beautiful.”

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Chicago Government Examiner

Nick Bogert writes about Chicago with the eyes of a native, and a newcomer. Bogert moved back to his hometown in the fall of '09, after an absence...

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