IN THE HONORABLE SENATE OF THE STATE OF ILLINOIS FOR THE NINETY-SIXTH GENERAL ASSEMBLY SITTING AS AN IMPEACHMENT TRIBUNAL fun ) Impeachment of ) Governor ROD R. BLAGOJEVICH ) HOUSE PROSECUTOR'S MODIFIED MOTION FOR ADDITIONAL DOCUMENTS OR MATERIALS House Prosecutor David W. Ellis, pursuant to Senate Impeachment Rule 15(b)(2), moves for the admission ofadditional documents into evidence and, in support thereof, states as follows: 1. In the event that the Honorable Senate grants the House Prosecutor's requests to call Special Agent Daniel Cain and the modified list of witnesses, the House Prosecutor will be withdrawing all motions for additional documents filed on January 21,2009. Instead, the House Prosecutor will seek to admit this modified motion for additional documents or materials. 2. The House Prosecutor seeks to admit a flowchart detailing the process of obtaining authority to intercept oral and wire communications at the Impeachment Trial. A copy of this document is attached to this Motion. This document is relevant and material because it demonstrates the process for 0 btaining court authorization to intercept oral and wire communications. The Affidavit of Special Agent Daniel Cain (Exhibit 3) includes content contained in four court-authorized intercepts, which provide grounds for multiple paragraphs of the Article of Impeachment. 'This document will be used for demonstrative purposes during live testimony and is not redundant because it is not in the House Impeachment Record. 3. The House Prosecutor seeks to admit an excerpt of Exhibit 44, namely, the remarks of Chief Judge James F. Holderman regarding the legality of the federal government's interception of oral and wire communications regarding the Governor at the Impeachment Trial. A copy of this document is attached to this Motion. This document is relevant and material because it demonstrates the lawfulness of the wiretaps that were used by the federal government as referenced in the Affidavit of Special Agent Daniel Cain (Exhibit 3). This document will be used for demonstrative purposes during live testimony and is not redundant because it does not exist in the proposed form. 4. The House Prosecutor seeks to admit excerpts from Exhibit 3, the Affidavit of Special Agent Daniel Cain for demonstrative purposes at the Impeachment Trial. Copies ofthese documents are attached to this Motion. These excerpts are relevant and material because they provide evidence of the Governor's abuse of power. These excerpts will be used for demonstrative purposes during live testimony and are not redundant because they do not exist in the proposed forms. 5. The House Prosecutor seeks to admit a document detailing the purpose and function of an organization known as "Change to Win" at the Impeachment Trial to illustrate the Governor's interest in trading a Senate appointment for a position that with organization. A copy of this document is attached to this Motion. This document is not redundant because it is not in the House Impeachment Record. 6. The House Prosecutor seeks to admit the December 5, 2008 front page of the Chicago Tribune at the Impeachment Trial. A copy of this document is attached to this Motion. This document is relevant and material because it demonstrates Governor Blagojevich' s discovery that the federal government was listening to his conversations regarding his plot to obtain a personal benefit in exchange for his appointment to fill the vacant seat in the United States Senate and reversed his actions upon that discovery. This document is not redundant because it is not in the House Impeachment Record. 7. The House Prosecutor seeks to admit Chicago Tribune editorials critical of Governor Rod Blagojevich from July 2, 2007, to December 5, 2008, and a list ofall such articles at the Impeachment Trial. A copy of these documents is attached· to this Motion. These documents are relevant and material because they display the Chicago Tribune editorials that led to the Governor's plot to condition the awarding of State financial assistance to the Tribune 2 Company on the firing of members ofthe Chicago Tribune editorial board. These documents are not redundant because they are not in the House Impeachment Record. 8. The House Prosecutor seeks to admit an excerpt of Exhibit 7, pages 41-42, at the Impeachment Trial. A copy of this document is attached to this Motion. This document will be used for demonstrative purposes during live testimony and is not redundant because it does not exist in the proposed form. 9. The House Prosecutor seeks to admit a timeline detailing Ali Ata's appointment to the position of Executive Director of the IllinoisFinance Authority and contributions Ali Ata made to Governor Rod Blagojevich's campaign at the Impeachment Trial. A copy of this document is attached to this Motion. This document is relevant and material because it dem.onstrates the Governor's plot to trade official acts in exchange for campaign contributions. This document is not redundant because it is not in the House Impeachment Record. 10. The House Prosecutor seeks to admit an excerpt of Exhibit 8, pages 30-31, at the Impeachment Trial. A copy of this document is attached to this Motion. This document will be used for demonstrative purposes during live testimony and is not redundant because it does not exist in the proposed form. 11. The House Prosecutor seeks to admit the bill status of House Bill 4758 ofthe 95th General Assembly at the Impeachment Trial. A copy of this document is attached to this Motion. This document is a public record. This document is not redundant because it is not in the House Impeachment Record. 12. The House Prosecutor seeks to admit a letter from Governor Rod Blagojevich to Tommy Thompson, Secretary of Health and Human Services at the Impeachment Trial. A copy of this document is attached to this Motion. This doc-ument is relevant and material because it demonstrates the Governor's action with regard to, and responsibility for, the I-SaveRx Program. This document is not redundant because it is not in the House Impeachment Record. 13. The House Prosecutor seeks to admit a letter from Lester Crawford, Acting Commissioner of the Food and Drug Administration, to Governor Rod Blagojevich at the 3 Impeachment Trial. A copy of this document is attached to this Motion. This document is relevant and material because it demonstrates the Governor's action with regard to, and responsibility for, the I-SaveRx Program. This document is not redundant because it is not in the House Impeachment Record. 14. The House Prosecutor seeks to admit various newspaper articles and a press release dated September 16, 2006, relating to the creation and expansion of the I-SaveRx Program at the Impeachment Trial. Copies ofthese documents are attached to this Motion. These documents are relevant and material because they demonstrate the Governor's actions with regard to, and responsibility for, the I-SaveRx Program. These documents are not redundant because it 'is not in the House Impeachment Record. 15. The House Prosecutor seeks to admit a copy ofa document included in Exhibit 6, namely the timeline detailing the events that transpired during the procurement of the flu vaccine, at the Impeachment Trial. A copy of this document is attached to this Motion. This document is relevant and material because it demonstrates the Governor's action with regard to, and responsibility for, the procurement of the flu vaccines. This document will be used for demonstrative purposes during live testimony and is not redundant because it does not exist in the proposed form. 16. The House Prosecutor seeks to admit a copy of a document included in Exhibit 6, namely the timeline detailing the events that transpired before and after the Governor launched the I-SaveRx Program at the Impeachment Trial. A copy of this document is attached to this Motion. This document is relevant and material because it demonstrates the Governor's action with regard to, and responsibility for, the I-SaveRx Program. This document will be used for demonstrative purposes during live testimony and is not redundant because it does not exist in the proposed form. 17. The House Prosecutor seeks to admit the Joint Committee on Administrative Rules' Statement of Objection to and Suspension of Peremptory Rule issued on November 19, 2008 at the Impeachment Trial. A copy of this document is attached to this Motion. This 4 Respectfully submitted, DAVID W. ELLIS, HOUSE PROSECUTOR David W. Ellis House Prosecutor Illinois House ofRepresentatives 412 State House Springfield, 1L 62706 6 Assistant U.S. Attorney(s) and FBI Agent(s) create affidavit, proposed application, and proposed order FBI U.S. Attorneys Office Supervising Assistant Agent's Supervisor U.S. Attorney: Review for: 1) Accuracy; 2) Statutory Compliance; 3) Facts to establish Local FBI Attorney, Chicago,IL First Assistant, Head of Criminal Division OR U.S. Attorney: One or more may review the FBI Headquarters, affidavit, application, and Washington, DC orders. Office of Enforcement Operation (OEO), Other Sections ofDOJ: If Electronic Surveillance Unit, certain felonies are alleged Criminal Division, Department ofJustice --~ then those respective 1) Line Attorney divisions ofDOJ are 2) Head ofElectronic Surveillance Unit provided with copies ofthe proposed application, affidavit, and order. As many as two attorneys in Deputy Assistant Attorney General, each section review these Criminal Division: documents. i.e. for RICO, Approval for Local Assistant U.S. Attorneys to Gambling, Racketeering Present to Court offenses those are reviewed by the Organized Crime and Racketeering Section, for Mail Fraud by Fraud Local Assistant U.S. Attorney(s) Section, etc. ChiefJudge ofFederal District Court ChiefJudge James F. Holderman "But I can assure you that I have scrutinized the procedure that has been followed in connection with each of these wiretaps as they were presented to me, and I can assure you that I have done everything in my power to make sure that the government has complied with the law." Source: Transcript ofproceedings before the Honorable James F.