The prosecutor and the judge: U.S. Attorney Patrick Fitzgerald (left) and Chief District Judge James Holderman. (Getty; Illinois State Bar)

An appeals court removed a Chicago federal judge from a criminal drug trial Wednesday after disagreements between the judge and U.S. Attorney Patrick Fitzgerald delayed the case.

In a brief order, the U.S.Court of Appeals for the 7th Circuit removed Chief Judge James Holderman of the Northern District of Illinois and instructed the district court to appoint a new judge to oversee the trial.

Fitzgerald did not ask for Holderman’s dismissal. In a petition, the prosecutor asked the appeals court to reverse Holderman’s decision to exclude fingerprint evidence. In the petition, Fitzgerald accused Holderman of “unfortunate hostility toward the government.”

The three-judge panel agreed to reverse the ruling, saying the evidence should not be excluded.

But in an unusual twist, Judges Richard Posner, Diane Sykes and Ilana Rovner went one step further, removing Holderman from the case entirely. The panel did not give a reasoning for the removal.

“This is an extraordinary situation; it really is,” DePaul University law professor Len Cavise told the Chicago Tribune. “Posner is one of those judges that if something happens procedurally that he doesn’t like, he will take action immediately.”

Randall Samborn, spokesman for the U.S. Attorney’s office, declined to comment when reached Thursday by Main Justice.

Before the trial, Holderman took issue with evidence of two fingerprints on drug packaging because prosecutors missed a court-imposed deadline for evidence gathering. He excluded them, but the appeals court ruled the evidence should be allowed.

Holderman objected to the evidence again during the trial, prompting prosecutors to file a second appeal and stopping the trial.

In his petition, Fitzgerald said Holderman accused prosecutors of misrepresenting facts and threatening to hold misconduct hearings. In response, Holderman filed court papers Tuesday saying the petition contained “deficiencies” and “false factual statements.”

Holderman and Fitzgerald have a history of heated clashes in court.

Holderman, a judge in Chicago since 1985, was named Chief Judge of the U.S. District Court for the Northern District of Illinois in 2006. He previously worked as a federal litigator at Sonnenschein Nath & Rosenthal. Before his time in private practice, Holderman prosecuted white-collar crimes as an Assistant U.S. Attorney in Chicago from 1972 to 1978.

Holderman’s temper has earned him a reputation. A 2006 study by the Chicago Council of Lawyers gave him the lowest score of any judge on the court primarily because of his alleged anger issues, according to 2006 article in the Chicago Sun-Times. Critics sometimes refer to him as “Holdermaniac,” and the study found he commonly “yells, screams and intimidates,” the Sun-Times said.

Fitzgerald’s strife-ridden relationship with Holderman began as early as 2005.

Holderman accused Fitzgerald and four of his assistants of improperly disclosing secret grand jury trial material to attorneys involved in a civil case at the firm Winston & Strawn LLP . The judge ordered the Justice Department’s Office of Professional Responsibility to open an investigation into the conduct of the U.S. Attorney’s office.

In response, Fitzgerald reproached Holderman for “petty harassment” of prosecutors and “a disturbing lack of objectivity.” He claimed the probe was retaliation; Fitzgerald had previously requested that Holderman recuse himself from the case based on a conflict of interest with Winston & Strawn.

An appeals court ultimately halted the judge’s inquiry.

But Holderman and Fitzgerald haven’t always disagreed. In 2008, Holderman was the judge who approved Fitzgerald’s request for surveillance of Gov. Rod Blagojevich.

The current drug case against Clacy Watson Herrera, however, shows a lingering tension between the zealous prosecutor and temperamental judge.

Herrera is represented by Gabriel Fuentes and Katherine Welsh of Jenner & Block LLP.

Joe Palazzolo contributed to this story. This post has been updated since it was originally published.

Rod Blagojevich (gov)

U.S. District Judge James B. Zagel on Wednesday warned former Illinois Gov. Rod Blagojevich, who is facing criminal charges in a public corruption case, to stay within the rules as his corruption case heads toward trial, The Associated Press reported. Zagel said he couldn’t allow the legal equivalent of head butts — a dirty tactic — to take place at the trial, which is slated to begin in June in the Northern District of Illinois.

The hearing came a day after the impeached governor taunted Chicago U.S. Attorney Patrick Fitzgerald to show up in court Wednesday for a pre-trial hearing, if he is “man enough.” Fitzgerald wasn’t in court on Wednesday.

Former Illinois Gov. Rod Blagojevich, who is facing criminal charges in a public corruption case, taunted U.S. Attorney Patrick Fitzgerald to show up in court Wednesday for a pre-trial hearing, if he is “man enough.”

In what the Associated Press described as “an extraordinary outburst timed to go live on evening news shows,” the impeached former governor held a news conference Tuesday in front of his lawyers’ Chicago offices. Blagojevich assailed prosecutors in the Northern District of Illinois as “cowards” and “liars,” and challenged them to release full copies of FBI wiretaps of his phone conversations.

“They know when all those tapes will be played they will show I’ve done nothing wrong and will prove my innocence,” said Blagojevich, who is charged with fraud and racketeering in a political “pay to play” case.

U.S. District Judge James B. Zagel will consider motions Wednesday for a trial slated for June. ”I’ll be in court tomorrow and I hope you are man enough to be there, too,” Blagojevich told the cameras, addressing Fitzgerald.

A spokesman for the Chicago-based U.S. Attorney’s office, Randall Samborn, offered no comment, the AP reported.

Here’s a video of the news conference:

Visit msnbc.com for breaking news, world news, and news about the economy

Rod Blagojevich (gov)

Former Illinois Democratic Gov. Rod Blagojevich today  pleaded “innocent ” on charges following his re-indictment earlier this month, Bloomberg reports. On Feb. 4, a federal grand jury on Thursday issued a new 113-page, 24-count indictment against Blagojevich.

Last month, the U.S. Attorney’s office for the Northern District of Illinois, headed by U.S. Attorney Patrick Fitzgerald, announced plans to bring a revised indictment against Blagojevich, who was arrested in December 2008 on federal corruption charges that involved conspiracy to commit mail and wire fraud and solicitation of bribery. He was later impeached and removed from office.

The new indictment includes many of the same charges as the first indictment, but downplays charges against “honest services fraud” that had been in the original indictment. That type of fraud is under review by the U.S. Supreme Court and the U.S. Attorney’s office, headed by Patrick Fitzgerald, does not want the case to be endangered by an adverse ruling.

When asked today by U.S. District Judge James B. Zagel if he waived reading of the revised indictment, Blagojevich said, “Your honor, I waive reading and enter a plea of innocent to each and every charge.” Leaving the courtroom after entering his plea, Blagojevich told reporters he plans to testify at his June trial, Bloomberg reports.

Patrick Fitzgerald (DOJ)

In addition, Blagojevich also told reporters that he plans to waive his constitutional right to seek suppression of any of the eavesdropping and wiretap recordings collected by the government during its investigation of him, and ask federal prosecutors to agree that the recordings can be played at trial, Bloomberg reports. “Play the truth and play the whole truth,” Blagojevich said.

Blagojevich’s attorney, Sam Adam Jr., said, “We don’t have to prove Rod innocent, but the tapes will.”

Rod Blagojevich (gov)

A federal grand jury on Thursday issued a new 113-page, 24-count indictment against former Illinois Democratic Gov. Rod Blagojevich, The Daily Herald of Chicago reports. Last month, the U.S. Attorney’s office for the Northern District of Illinois announced plans to bring a revised indictment against Blagojevich, who was arrested in December 2008 on federal corruption charges that involved conspiracy to commit mail and wire fraud and solicitation of bribery.

The new indictment includes many of the same charges as the first indictment, but downplays “honest services fraud,” according to the newspaper. That type of fraud is under review by the U.S. Supreme Court and the U.S. Attorney’s office headed by Patrick Fitzgerald is concerned that the court’s ruling could hinder its case against the former governor. The honest services statute is under attack because, some critics argue, it fails to give fair warning of precisely what conduct violates the law

The new charges in the revised indictment include new counts of racketeering, attempted extortion, extortion conspiracy, bribery and bribery conspiracy, but “are based on the same underlying criminal conduct,” according to an accompanying filing. “Because the defendants’ illegal conduct violated multiple criminal statutes, additional statutes are charged.”

Randall Samborn, a spokesman for the Chicago U.S. Attorney’s office, told The Daily Herald, “There is no new substance to these charges.” Blagojevich’s attorney, Sheldon Sorosky, called the re-indictment “nothing more than warmed-up old soup.” He added that his client is innocent and will be vindicated at trial, The Daily Herald reports.

The indictment also names Blagojevich’s campaign manager Alonzo Monk, chief of staff John Harris and brother Robert, chairman of the Friends of Blagojevich campaign organization, as defendants. The Blagojevich aides, along with fundraisers Antoin Rezko and Chris Kelly were accused of running the “Blagojevich Enterprise.” The plan involved using political power to fund its members through government acts and bribery and then amass the money and divide it up after he left office, according to The Daily Herald.

Blagojevich is scheduled to be arraigned on Feb. 10. The trial is scheduled to begin June 3.

Rod Blagojevich (gov)

The U.S. Attorney’s office for the Northern District of Illinois next month plans to bring a revised indictment against former Illinois Gov. Rod Blagojevich (D), The Chicago Tribune reports. Blagojevich was arrested exactly one year ago on federal corruption charges that involved conspiracy to commit mail and wire fraud and solicitation of bribery.

The revised indictment is part of federal prosecutors’ efforts to avoid possible delays that may result from the ruling in an ongoing U.S. Supreme Court case, according to the U.S Attorney’s office in Chicago, The Tribune reports. The case, which was scheduled to begin oral arguments this morning, involves limitations on “honest services” fraud law.

According to The Christian Science Monitor, the law, which makes it a crime “to deprive another of the intangible right of honest services,” is a “powerful weapon in the arsenal of prosecutors seeking to root out all forms of public and private corruption. But the statute, critics say, fails to give fair warning of precisely which conduct violates the law.”

Patrick Fitzgerald (DOJ)

The Tribune reports that prosecutors, led by U.S. Attorney Patrick Fitzgerald, “are relying on [the law]” for a number of the corruption charges against the former governor.

The revised indictment will separate out Blagojevich’s charges in order to allow the June trial to start on time, regardless of the outcome of the Supreme Court case, the newspaper reports. The issue of honest services fraud law as it relates to the former governor will be dealt with in a new filing, according to the U.S. Attorney’s office, The Tribune reports.

Assistant U.S. Attorney Reid Schar wrote in the court filing, “At this time, it is anticipated that any new charges would be based on the underlying conduct that currently encompasses the pending charges.”

Blagojevich’s attorney, Sam Adam Jr., denounced the U.S. Attorney’s office decision. “It seems to me they ripped a sitting governor out of his home and said he had conducted a crime spree that they had to stop, and now they’re saying there isn’t going to be any ‘honest services’ and they’re going to charge him with something different,” Adam told The Tribune. “I haven’t seen this much backpedaling since Gerald Wilkins got dunked on by Michael Jordan. Now we have to wait until January to find out what he really did?”

Former Gov. Rod Blagojevich (D-Ill.) was on the Daily Show last night to promote his new book “The Governor.”  Blago, of course, is the foul-mouthed pol awaiting trial on public corruption charges, including allegations he tried to sell for campaign contributions an appointment to fill President Barack Obama’s old Senate seat.

Northern District of Illinois U.S. Attorney Patrick Fitzgerald described Blago as being on a “political crime spree” in a news conference last year.

Blago insisted he’s been wrongly accused and said if the government tapes of his wiretapped conversations were released, he’d be exonerated. But mean old Pat Fitzgerald won’t do it, the former governor said.

Stewart’s reaction?

“I want to believe you! You are a charming dude with the best head of hair I’ve ever f—— seen! So I want this to be real! I want Pat Fitzgerald and the entire city of Chicago’s political structure and and the entire state of Illinois to somehow be conspiring to [explicit phrase deleted] as hard as they can! I want that!” But Stewart added: “[I]t’s hard to believe.”

Check out the entire interview:

Patti and Rod Blagojevich (Getty Images)

Former Illinois Gov. Rod Blagojevich (D) is blaming Patrick Fitzgerald for the apparent suicide of an associate.

Christopher Kelly, who died early Saturday morning in Chicago, had pleaded guilty in connection with Fitzgerald’s public corruption probe of  Blagojevich and other political players in Chicago. “Somebody now has taken his life because the pressure he felt to lie about me,” Blagojevich charged in a radio interview Tuesday with The Washington Times’ America’s Morning News, The Washington Times reported.

Fitzgerald, the U.S. Attorney for the Northern District of Illinois, had described Blagojevich as on as a “political crime spree” in a news conference last year announcing his arrest. Blagojevich is charged with bribery and fraud in an alleged pay-to-play conspiracy. His trial is slated to begin next June.

Kelly had been an aide and a campaign fundraiser for Blagojevich. He pleaded guilty last week to taking part in an $8.5 million fraud related to hangar roofing contracts at Chicago’s O’Hare International Airport. He was scheduled to report to prison Sept. 18 for a nearly three-year sentence. In an unrelated case, Kelly had been sentenced to 37 months in prison for tax fraud stemming from an alleged scheme to use funds from his company to pay gambling debts.

Kelly died early Saturday morning at Stroger Hospital in Chicago. The Cook County medical examiner’s office has yet to determine a cause of death, but according to news reports, it may have involved an overdose of pain relief medication, such as aspirin. The circumstances, including comments Kelly reportedly made about ending his life, have led police to treat the case as a suicide, The Chicago Tribune reported.

Patrick Fitzgerald (DOJ)

During the Tuesday interview, Blagojevich said he was holding Fitzgerald personally responsible for Kelly’s death. “His allegations are false, flat out false and his tactics, his tactics are very, very much open to question,” Blagojevich said. The former governor has repeatedly complained about what he has characterized as Fitzgerald’s strong-arming of witnesses.

Blagojevich added he believed the government was pressuring Antoin Rezko, an early supporter and key fundraiser for Barack Obama, for information about the president. Rezko played a role in a much scrutinized real estate transaction involving the Obamas in Chicago. He is awaiting sentencing on  corruption charges unrelated to Obama. Rezko was prosecuted by Fitzgerald.

During the interview, Blagojevich said, “Rezko wrote a letter to a federal judge saying he was being pressured to lie about me and Barack Obama,” adding, “In the letter, he said there was no wrong doing with either me or President Barack Obama.” He asserted that Rezko has “been squeezed and as a result of sitting in a jail cell for 23 out of 24 hours a day he’s now apparently changing his story about me.” He added, “So I would suggest that people take a look at the tactics.”

Patrick Fitzgerald (DOJ)

Former Illinois Gov. Rod Blagojevich (D) says prosecutor Patrick Fitzgerald preventing him from doing “a lot of good for a lot of people” by arresting him last December, The Associated Press reported. Blagojevich makes the observation in his upcoming book, “The Governor,” The AP says.

Fitzgerald, the U.S. Attorney for the Northern District of Illinois, described the Illinois governor as on as a “political crime spree” in a news conference last year. Blagojevich was charged with bribery and fraud in an alleged pay-to-play conspiracy.

“The Governor” will be released by Phoenix Books on Sept. 8. ”Mr. Fitzgerald didn’t stop a crime spree. He stopped me from doing a lot of good for a lot of people,” Blagojevich writes, The Huffington Post reported.

“There’s nothing wrong with America,” Blagojevich also wrote. “What is wrong is what this prosecutor has done. He’s wrong. His actions are undermining and threatening the rights we Americans expect and so often take for granted. It is not America that is wrong. His arrest, his press conference, and his false accusations are what’s wrong.” Read the NBC article here.

Fitzgerald’s office declined to comment.

Blagojevich is awaiting trial on charges he demanded campaign contributions in exchange for official actions. In June his wife, Patti, appeared on a reality television show and blasted Fitzgerald, saying, “They squeeze people to say things that aren’t true.”

Northern District of Illinois U.S. Attorney Patrick Fitzgerald participated in a panel discussion about reporter privilege at the American Bar Association annual meeting in Chicago on Saturday. He said he agreed to speak to provide “context” to proposals in Congress for a federal law to prevent courts from ordering reporters to divulge their sources. 

But unsurprisingly, the former special prosecutor in the Valerie Plame leak case had nothing good to say about the measures. 

From the ABA Journal newsletter:

“No one is against the right to know,” said Fitzgerald at the program sponsored by the Section of Individual Rights and Responsibilities, “but we both have strong views about the best way to get to the truth in a particular case.” He emphasized that his comments were not intended to reflect policy positions of the Obama administration.

If a court orders a journalist to give up his or her source: ”I don’t see how reporters can be different from the president of the United States or any other citizen and refuse to comply,” Fitzgerald said, according to the ABA Journal. (Except that Fitzgerald’s own kid-glove treatment of Dick Cheney undermines his argument.)

America’s Prosecutor is even more hard line against reporters than U.S. District Judge Reggie Walton, who ordered then-New York Times reporter Judy Miller jailed for refusing to say who told her Plame was a covert CIA agent. Walton also tried to impose personal financial ruin on a former USA Today reporter who reported on the FBI’s investigation of former Army scientist Steven Hatfill, whom none other than then-U.S. Attorney General John Ashcroft had identified as a “person of interest” in the anthrax case.  ”I do believe reporters should have some level of protection,” Walton said at the conference, according to The Associated Press.

Look, we don’t hesitate to concede that Judy Miller going to jail to protect Cheney’s chief of staff, Scooter Libby, from being exposed in a campaign to smear Plame and her Iraq war-critic husband, doesn’t make the best argument for a reporter shield law. Moreover, Fitzgerald had other reasons to be plenty mad at Miller. She got a tip in the fall of 2001 that the government planned to raid an Islamic charity called Global Relief in the Chicago area for its suspected role in terrorism financing.

Miller’s New York Times colleague, Philip Shenon, phoned the charity seeking its response, thus alerting the charity that it was about to be raided. Awaiting a search warrant, FBI agents conducting surveillance outside the charity’s offices stood by helplessly as officials shredded documents, I’ve heard.

So, the fact is: Judy Miller didn’t act responsibly, and that fueled efforts to curb reporter protections. But Fitzgerald’s actions haven’t been above reproach, either, as retired federal judge Abner Mikva pointed out last week in another panel at the ABA annual meeting. Mikva said Fitzgerald’s high-profile press conference last December accusing then-Gov. Rod Blagojevich (D-Ill.) of going on a “political crime spree” unfairly prejudiced the case.

With Fitzgerald blasting the governor in remarks televised internationally, “Where in the world can you find a neutral jury to hear the Blagojevich trial?” Mikva said. Read the ABA Journal story about Mikva’s remarks here.

Asked about Mikva’s remarks, Fitzgerald said he couldn’t comment on a pending case, the ABA Journal reported, and added, “Besides, I’m leaving on vacation.”