I asked this morning if Blagojevich would get the tapes of Emanuel’s conversations with him (which can then be leaked as payback or for leverage.) Answer, from a federal prosecutor: Yes. The e-mail:
Answer-once Blago is indicted, he’s 100% entitled to the recordings.
Rule 16 of the Federal Rules of Criminal Procedure:
“(a)(1)(B) Upon the defendant’s request, the government MUST DISCLOSE to the defendant, and make available for inspection, copying, or photographing, all of the following:
n Any relevant written or recorded statement by the defendant.
Wiretap recordings are among the first things demanded by defense lawyers in wiretap cases. They get the whole recording, not just their client’s portion, because they need the entire conversation in order to fully understand the context of what was being discussed.
So, yes, Blago’s lawyers are going to get complete copies-not just transcripts-of everything Emanuel said to him.
And, I’m guessing that Fitzgerald has not shared with the Obama administration what it is Emanuel has been recorded as saying, thus the complete silence by Emanuel since this issue broke into the press. He can’t say anything now for fear that there is a recorded conversation that will contradict him.
UPDATE: I wonder what the National Enquirer will pay for the the Blago Defense Fund for first serializiation rights for the tapes.