'Jews Are Jews' Ald. Ed Burke Quote Is Relevant To Charges: Feds

CHICAGO — An antisemitic comment allegedly captured on FBI recordings of Ald. Ed Burke is relevant to the charges against him, and the senior alderman and his two co-defendants — a top aide and a North Shore real estate developer — should all face trial together, federal prosecutors argued.

"Well you know as well as I do," Burke told Ald. Danny Solis, who wore a wire for the FBI, according to federal prosecutors. "Jews are Jews and they'll deal with Jews to the exclusion of everybody else unless … unless there's a reason for them to use a Christian."

Prosecutors revealed the remarks amid a 227-page response to 17 pretrial motions filed by attorneys for Burke, his longtime 14th Ward political operative James Andrews and Charles Cui, a Lake Forest attorney accused of bribing Burke for assistance with a commercial property on Chicago's Northwest Side.

Burke faces 14 counts stemming from an alleged racketeering and extortion conspiracy involving shakedowns of developers and businessmen in exchange for directing business to his law firm, Klafter & Burke, which specializes in property tax appeals. Burke, the City Council's longest-serving member, secured reelection without a runoff two years ago.

Andrews, an officer for two of Burke's campaign committees and an employee in his ward office, was charged with attempted extortion, conspiracy to commit extortion, two counts of using interstate commerce to facilitate an unlawful activity and one count of making a false statement to the FBI. His charges relate to the alleged extortion of the owner of a Southwest Side Burger King franchise.

Cui faces one count of federal program bribery, three counts of using interstate commerce to facilitate an unlawful activity and one count of making a false statement to the FBI. All three men have pleaded not guilty and sought to be tried separately.

The charges relate to what prosecutors describe as "four incidents of corrupt activities" tied to Burke.

They include: the redevelopment of Chicago's Old Post Office, permits for remodeling of the Burger King, Cui's efforts to obtain a permit for a pole sign at a Northwest Side property and Burke's threats to oppose the Field Museum's request for a fee increase because museum offices did not respond to his inquiry about an internship for a friend's child.

Prosecutors detailed Burke's alleged "Jews are Jews" comment in response to an argument from the alderman's attorneys that a clause in the 19-count May 2019 superseding indictment against him would inflame the jury and prejudice it against the alderman.

The portion of the indictment they sought to strike references a December 2016 meeting between Burke and former Ald. Danny Solis where Burke allegedly said a New York-based real estate company involved in the Old Post Office redevelopment project would only hire his law firm for tax work if there was some help Burke could provide. According to the indictment, Burke explained he believed the developer "would otherwise only work with Jewish lawyers to the exclusion of everybody else."

Burke's attorneys, Charles Sklarsky and Joseph Duffy, said the statement had no bearing on whether he committed the crimes with which he has been charged.

"Despite the lack of any legal significance, the language generates emotional impact by diving into the sensitive subject matter of religious identity," they argued in a motion filed last August. "The Government seeks to exploit that sensitivity and inflame passions by attributing to Ald. Burke an immaterial statement that has undercurrents of stereotyping and tribalism."

In response, prosecutors said the reference to Jewish lawyers was directly relevant to his intent to solicit legal fees in exchange for using his official influence on behalf of prospective clients.

"Here, a limited reference to the lawyers’ religion is not so inflammatory as to be unfairly prejudicial, particularly in light of the fact that the statement is highly probative as to Burke’s intent — it clearly demonstrates his understanding that he would get legal business in return for taking official action," prosecutors said.

Burke's attorneys have also asked U.S. District Judge Robert Dow to toss out of the evidence gained through 8 months of wiretaps.

They argued former Chief Judge Ruben Castillo made an error when allowing federal investigators to set up wiretaps on Burke's phones starting in May 2017.

Affidavits provided to the judge left out important details, they argued, including the fact that investigators had "employed calculated ruses" and got a "desperate Ald. [Solis] to mislead and lie to Ald. Burke" regarding whether the Old Post Office developer was willing to hire Burke's law firm.

Burke's attorneys also argued the investigation into the alderman "seems to spring out of thin air," and the judge should have known more about the government's previous effort to record Burke with an undercover informant.

"The sheer extent of the Government's animus toward Ald. Burke and its efforts to try to maneuver him into criminal conduct is nothing short of extraordinary," they said. "This was not a fair and impartial search for criminal conduct, but an all-out campaign to charge Ald. Burke with a crime and remove him from his office."

Cui's attorney, Tinos Diamantatos, has sought to get the Lake Forest businessman his own trial, arguing that it would unfairly prejudice a jury against him to remain Burke's co-defendant.

"As alleged, Mr. Cui can only be characterized as a 'bit player,' whose charges constitute only a tiny piece of the Indictment’s otherwise sweeping allegations of widespread public corruption involving the well-publicized Post Office project, a wellknown national fast food restaurant, and a major Chicago museum — none of which involve Mr. Cui and all of which involve Mr. Burke, a household name in Chicago politics," Diamantatos said, noting that prosecutors have not said Andrews, Burke and Cui were all members of a single conspiracy.

Most of the evidence that would be presented at a potential joint trial would not be admissible if Cui were tried alone, his attorney said.

"However, at a joint trial with Mr. Andrews and Mr. Burke, the government would likely present days (if not weeks) of testimony, hours of intercepted telephone calls, and countless pages of emails and City of Chicago records related to the Post Office project, the fast food restaurant, and the museum in order to prosecute its case against Mr. Andrews and Mr. Burke," Diamantatos argued.

"All the while, Mr. Cui would be forced to sit at the defense table as the government attempts to prove to the jury a case of widespread public corruption with which Mr. Cui has almost no alleged involvement, aside from the [counts involving Cui's firm, Irving Park Property Holdings]."

Prosecutors responded Wednesday by arguing Cui failed to meet the "heavy burden of showing that any potential prejudice resulting from a joint trial outweighs the interests of judicial economy and fairness."

The Illinois State Senate's only two Jewish members issued a statement Wednesday in response to the antisemitic aldermanic quotation newly released by prosecutors.

"When he thought no one was listening Ed Burke revealed his true self. Simply said, Alderman Burke's remarks smack of blatant anti-semitism and are both ignorant and repugnant," said Sara Feigenholtz (D-Chicago) and Sen. Laura Fine (D-Glenview).

"For starters, he owes an apology to the Jewish community."