If tradition has it, Blago will invoke infallibility defense

When it comes to Illinois political history, I side with Samuel "Mark Twain" Clemens who said "The past does not repeat itself, but it rhymes."

So no one should be surprised this week if former Illinois Gov. Milorad Blagojevich shows up for court dressed in a burgundy velvet robe, jeweled crown and carrying a scepter.

It would be the fitting attire for Mr. Blagojevich's legal defense.

"The King can do no wrong."

The old English principle of law held that kings were infallible and therefore immune from prosecution. It was an absolute defense against any wrongdoing.

"The King can do no wrong."

And you thought Elvis was the only king in Blago's life.

It may all become clear when defense lawyer Sam Adam Jr. addresses the court with his opening statement. "Your honor Judge Zagel and ladies and gentlemen of the jury. All this scurrilous behavior the government has described is TRUE!

"My client - the man in the velvet cape seated right over there on the throne - he did it ALL! He auctioned off Obama's senate seat; picked the pocket of Children's Memorial Hospital, etc., etc.-

"But he is innocent of the charges, because in Illinois 'The King can do no wrong'."

That crafty legal defense would rhyme perfectly with the one used by Illinois' first governor to be arrested while in office: Gov. Len Small in 1921.

Gov. Small was indicted on corruption charges just six months after taking office. Small was a Republican from Kankakee, which would make for easier parallels with Blagojevich's corrupt GOP predecessor Gov. George Ryan. But the conniving Ryan is still in jail and our attention will be on Blago this week as opening statements are set to start.

"I am absolutely innocent of every charge they make."

Those were the words strung together by both Gov. Small and Gov. Blagojevich on countless occasions before their trials.

As blatant as the government contends Gov. Blagojevich was, Gov. Small existed at a time when corruption was much more out in the open. Small told people he was going to loot public treasuries. Then he took the money. And he held it up for all to see.

He worked proudly with Al Capone and other Chicago gangsters.

His long-ago kingdom is written about in a fascinating book, "Len Small: Governors and Gangsters" by Jim Ridings, who sent me a copy to read so that I might have a better understanding of Blagojevich's storied predecessor.

According to Riding's meticulously researched book, Gov. Small's "King can do no wrong" defense worked marvelously - right up to the point that he was indicted and put in front of a judge.

When it became clear that Gov. Small wasn't going to succeed in having the charges dismissed - after all, Illinois was still in the USA - his lawyers had to use another well-honed Illinois legal tactic.

They employed a few Chicago hoodlums to pay off the jury.

The governor's team was so confident that they would win the case; they didn't even bother putting on a defense. No witnesses, no documents, nothing.

After a six-week trial - most of the time used up by the government's presentation - the bought-and-paid-for jury was ready to go home. Some jurors started packing up their bags and belongings even before closing arguments were finished.

Their "deliberations" lasted an hour and a half and they found Gov. Small, not surprisingly, innocent of all charges.

Weeks later, even when a trio of Chicago gangsters was arrested for fixing the jury, Gov. Small attributed it to the cynicism and persecution against him by Chicago newspapers. Sound familiar?

Incredibly, Gov. Small maintained his office and continued to operate as would any other king. He released hundreds of criminals from prison for a fee; enriched his personal kingdom by fixing contracts and enabled Al Capone's empire to thrive in Chicago.

Gov. Small was so successful that he was elected to a second term. Sound familiar?

Even though Mr. Blagojevich was twice-elected despite his publicly-known travails, no one suggests he too was aligned with the Outfit (although he did work as a small-time bookie right after law school, according to government witness Robert Cooley, who claims Blago paid street tax to the mob.)

Nor would anyone accuse Gov. Blagojevich of planning to fix the federal jury. These days, that would be virtually impossible.

How did we get to this point in 2010, with yet another governor on trial?

"Public awareness of all this should have been enough to end any candidate's career" writes Jim Ridings in his book. "But Illinois is different."

What he means is that, in Illinois, the king never leaves the building.

• Chuck Goudie, whose column appears each Monday, is the chief investigative reporter at ABC 7 News in Chicago. The views in this column are his own and not those of WLS-TV. He can be reached by e-mail at chuckgoudie@gmail.com and followed at twitter.com/ChuckGoudie