Harsh reality: Judge says no Costa Rica TV show for Blago

A federal judge won't let Rod Blagojevich go to Costa Rica for a reality TV show, but he'll likely let the former Illinois governor's lawyers be paid from his now-frozen campaign fund.

U.S. District Judge James B. Zagel said he wouldn't allow the trip, because he's not sure Blagojevich understands yet just how much trouble he's in.

Blagojevich would have earned a minimum of $59,500 and a maximum of $123,250 for his participation in NBC's "I'm a Celebrity - Get Me Out of Here," according to court filings. Blagojevich needs the money because he is essentially broke, his attorney Sheldon Sorosky argued.

Although Blagojevich got $21,000 in March for a book deal, he and wife Patti have been out of work since mid-January, Sorosky wrote.

While Zagel said he believed it was "possible, if not probable" Blagojevich could be extradited from Costa Rica if he decided to stay, he noted the time it could take might pose a problem. And although he never directly said Blagojevich might want to stay in Costa Rica, Zagel suggested Blagojevich's view of the case could change significantly once he gets a look at the thousands of pages of evidence the government will soon hand over.

"I don't think the defendant fully understands - the position he finds himself in," said Zagel, who notes that lack of awareness is common among defendants until they have to read every page and begin helping their attorneys prepare for trial.

It is a "bad idea to modify bond conditions at this stage," Zagel noted. "I certainly have sympathy for the financial straits (of the defendant), but I simply don't have confidence things will not go astray."

He also noted that NBC's offer to pay for two government agents to accompany Blagojevich was essentially meaningless because the agents would not have the power to detain or arrest Blagojevich in Costa Rica.

But the former governor didn't strike out completely. Zagel said he'll likely let Blagojevich tap his now-frozen campaign fund to pay for lawyers.

Although government attorneys said the money should be forfeited because it consists of ill-gotten gains, Zagel pointed out that even if that's true, it doesn't make much of a difference which pocket the taxpayers use to pay for Blagojevich's defense.

Zagel pointed out that, under the Constitution, the U.S. Government has to pay for Blagojevich's defense if he can't afford his own. If the campaign fund is forfeited, it goes to the U.S. Government. So using the campaign fund to pay for Blagojevich, if he's guilty, is simply using taxpayer money anyway, said Zagel.

And, said Blagojevich's attorney after the hearing, if the fund is not proven to be the fruit of ill-gotten gains, then taxpayers catch a break by having it, rather than the government, pay for his defense.

High-profile white-collar trials typically cost defendants millions of dollars, and the campaign fund has roughly $2 million and change, far less than the reported $10 million to $20 million defense the law firm of Winston & Strawn provided former Gov. George Ryan for free during his trial and conviction on corruption charges.

However, government-appointed lawyers are paid significantly less per hour than private attorneys usually charge, and Zagel said he'll likely order that any money to come out of the fund be at the same rate of pay as that for government-appointed lawyers.

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