Rod Blagojevich corruption charges

In the midst of the controversy, on December 31, 2008, Blagojevich appointed Roland Burris, a former Illinois Attorney General and the first African American to be elected to statewide office in Illinois, to the vacated Senate seat.[35] Blagojevich stated that, per the Illinois state constitution, he had sole authority to make such an appointment and that it was his duty to ensure Illinois was fully represented in the Senate.[36] Illinois Secretary of State Jesse White refused to certify Burris' selection for the vacant Senate seat.

Senate leaders argued that Senate Rule 2 requires a senator-designate's credentials to be signed by the state's governor and secretary of state.[37] On January 6, when the 111th United States Congress opened its session, the Secretary of the United States Senate Nancy Erickson rejected Burris's credentials because White had not signed the certificate of appointment.[38][39] Senate Majority Leader Harry Reid ordered that Burris be turned away from the Senate. The lone Democrat to show support for Burris' nomination was chair of the United States Senate Committee on Rules and Administration Dianne Feinstein, who recognized the propriety of the appointment based on the statutory authority of the Illinois Governor.[39] On January 7, Burris met with Reid and Durbin, the two ranking Senate leaders who stated their support was conditional upon Burris both obtaining the signature of the Illinois secretary of state and testifying under oath before Illinois House of Representatives committee investigating impeachment.[40]

On January 8, Burris testified before the Illinois House committee that he had engaged in no wrongdoing in order to procure the nomination by the Governor.[41] The following day, the Illinois Supreme Court ruled that the prevailing statutes do not mandate the signature of the Secretary of State to validate the Governor's appointment. Further, the court ruled that the only necessary act by the Secretary of State was the registration of the appointment in Illinois's official records, which Jesse White had performed on December 31, 2008.[42][43] The Illinois Supreme Court ruled that the US Senate's recommended certification form are not required to be used by Illinois and its Secretary of State.[42] The court further ruled that the form of certificate contained in Rule 2 of the Standing Rules of the United States Senate was a recommended form and noted that "no explanation has been given as to how any rule of the Senate, whether it be formal or merely a matter of tradition, could supersede the authority to fill vacancies conferred on the states by the federal constitution."[42]

After the court's ruling, White provided Burris with a certified copy, which bears the Seal of the State of Illinois, of the appointment's registration, which Burris delivered to the Secretary of the Senate.[44] On January 12, 2009, after deeming Burris' credentials valid, the Senate decided to seat Burris.[45][46] Burris was sworn in on January 15, 2009, by President of the Senate Dick Cheney.[47][48]

Burris filed an affidavit with the Illinois House committee that oversaw Governor Blagojevich's impeachment, dated February 5, to supplement his earlier answer to a question posed by the committee.[49][50] Burris acknowledged Rob Blagojevich requested "assistance in fund-raising" for the governor three times in the weeks and months before Blagojevich appointed Burris. Burris said he told Blagojevich that he could not donate to him because "it could be viewed as an attempt to curry favor with him regarding his decision to appoint a successor to President Obama."[50] Burris stated that he neither donated to nor raised funds for the Governor after a fund-raiser on June 27, 2008.[50] Saying that this is at odds with Burris' testimony during the impeachment trial, Illinois House Republicans said that they would consider pursuing a perjury investigation.[51] Democratic officials, including Illinois Attorney General Lisa Madigan, supported that announcement.[52]

On February 16, in comments to reporters, Burris acknowledged he sought to raise campaign funds for Blagojevich at the request of the governor's brother at the same time he was making a pitch to be appointed to the Senate.[53] Burris is accused of lying during his January 8 testimony to the Illinois House of Representatives and the United States Senate Select Committee on Ethics has opened a preliminary investigation into the matter.[54] Illinois Speaker of the House Mike Madigan has forwarded materials for review in the Illinois State Capital and expulsion from the United States Senate is considered a possibility even though only 15 persons have previously been expelled, most recently in 1862.[54][55] Expulsion would require a simple majority vote by the committee and a two-thirds supermajority vote by the full Senate.[54] In the subsequent days, records came out that showed Burris to have misrepresented a list of his lobbying clients.[56] The series of controversies prompted Durbin to refer to it as the embarrassing "Blagojevich burlesque" and he mentioned that a resignation might relieve the situation.[57] Illinois Governor Quinn called a press conference to request a resignation for the good of the Illinois citizens.[58] Several Democrats called for Burris' resignation; the Obama administration asked that he reconsider his future, and a pair of employees resigned from Burris' staff.[59][60] On February 21, Burris met with federal authorities regarding his involvement in the matter.[61][62]

Durbin requested a meeting with Burris on February 24 to discuss the disclosures. Durbin told reporters that during the meeting he advised him to resign: "I told him under the circumstances that I would consider resigning". Burris stated that he would not do so. Durbin also inquired about Burris' plans for the 2010 U.S. Senate elections and relayed to Burris that he would be very unlikely to succeed in the primary or general election.[63] Quinn endorsed a special election to replace Burris, but there was vocal and procedural resistance in the Illinois General Assembly. On February 25, Lisa Madigan confirmed the constitutionality of moving forward a direct election for the seat formerly held by Obama to a targeted May 26 date.[64] The following day, a story unfolded involving Burris' son who obtained a $75,000 job under Rod Blagojevich on September 10 as a senior counsel for the state's housing authority — about six weeks after the Internal Revenue Service placed a $34,163 tax lien on Burris II and three weeks after a mortgage company filed a foreclosure suit on his South Side house.[65]

Governor Rod Blagojevich (left) and Rahm Emanuel, Obama's Chief of Staff (center)

Blagojevich was aware that Barack Obama would have preferred "Senate Candidate #1" (Valerie Jarrett), and he made efforts to obtain favors in exchange for appointing Jarrett for the U.S. Senate seat.[13] Blagojevich said in a conversation with his chief of staff, in reference to what Obama would give him in exchange for Jarrett's appointment, "All they're going to give me in return is gratitude. The Senate seat's a fucking valuable thing. Fuck them." There was public speculation as to whether Obama's Chief of Staff, Rahm Emanuel, had a role in any discussions with the governor's office.[66] An internal investigation by the Obama team stated that Emanuel had communicated with the Governor's office about who might be appointed to the Obama seat, but nothing unethical or inappropriate had transpired.[67]

On December 10, Obama called for Blagojevich's resignation.[68]

In a December 11 press conference, Obama stated that he and his staff and transition team were not involved in any corrupt activity, and that his staff had been exonerated by the 76-page FBI affidavit. He stated that, not only had he never engaged the governor on the topic of his Senate seat, but he was "confident that no representative of mine would have any part in any deals related to this seat".[69] His administration compiled a summary of who might have known what at various times. Obama stated that he did not think Blagojevich could "effectively serve the people of Illinois" and that his former Senate seat "belongs to the people". He also stated that to his knowledge, no representatives of his had engaged in any dealmaking with the governor.[70]

On December 15, the Obama team confirmed that its internal review found no inappropriate contact between Obama's staff and Blagojevich or his staff,[67] stating "that review affirmed the public statements of the president-elect that he had no contact with the governor or his staff over the selection of his successor as U.S. president-elect's staff was not involved in inappropriate discussions with the governor or his staff over the selection of his successor as U.S. Senator".[71]

In April 2010, Blagojevich moved to subpoena Obama.[72][73]

Blagojevich faced calls from members of both major parties and prominent politicians to resign. On December 9, Lieutenant Governor Pat Quinn said in a news conference that Blagojevich should temporarily step aside from his office.[79] On December 10, he went further and called for Blagojevich to resign, and also raised questions regarding his mental health.[80] The state's other top elected officials—Attorney General Lisa Madigan, Comptroller Dan Hynes, Treasurer Alexi Giannoulias, and Secretary of State Jesse White—also called for Blagojevich to resign.[81][82][83]

Outgoing Democratic National Committee Chairman Howard Dean also called for the governor to step down.[84]

On December 10, 2008, the Democratic Caucus of the United States Senate called for Blagojevich to resign and demanded that he not appoint a replacement for Obama. The letter also mentioned that, if Blagojevich appointed a successor to Obama in the U.S. Senate, the U.S. Senate would be "forced to exercise [its] Constitutional authority under Article I, Section 5, to determine whether such a person should be seated".[34][85][86] Senate Majority Leader Harry Reid indicated that the Senate might not seat a Blagojevich appointment because such an appointee "would be under a cloud of suspicion".[20]

Illinois' remaining senator, Majority Whip Dick Durbin, urged the state legislature to quickly set a special election to fill Obama's vacant Senate seat, saying that any appointment by Blagojevich would not be legitimate.[87]

Illinois Senate Minority Leader Frank Watson, Illinois Congressman John Shimkus, and many Illinois state legislators from both parties also called for Blagojevich to resign.[88][89]

House Speaker Madigan thought that it would be inappropriate to make a statement calling for a resignation or a statement supporting an impeachment because he would have to preside over any impeachment debate.[90][91]

On December 19, 2008, at the James R. Thompson Center, Blagojevich said that he "ha[d] done nothing wrong" and would not resign as governor in the face of federal corruption charges. He added that he would "answer [all questions] in the appropriate forum: in a court of law", where he believed he would be "vindicated", vowing to fight "false accusations and a political lynch mob".[92][93] He proceeded to quote from Rudyard Kipling's poem If—.[94] After reading the prepared statement, Blagojevich exited the room and did not take any questions.[95]

On December 12, 2008, Illinois Attorney General Lisa Madigan began legal proceedings in the Illinois Supreme Court to have Blagojevich declared "unfit to serve" in case he did not resign.[96][97][98]

Madigan filed a motion with the Illinois Supreme Court asking it to temporarily suspend Blagojevich's powers by declaring him unable to serve and name Lieutenant Governor Quinn as acting governor. Failing that, Madigan sought a temporary injunction barring Blagojevich from appointing a replacement for Obama. She said that given the nature of the charges, the situation was too severe to wait for the legislature to act.[99] The Supreme Court, however, in orders without opinions, denied Madigan leave to file the complaint,[100] and it denied the motion for temporary relief.[101]

According to the FBI affidavit, Blagojevich attempted to have Chicago Tribune writers fired for discussing his possible impeachment.[102] Jan Schakowsky, a Democrat representing Illinois's 9th congressional district, called for impeachment proceedings to begin should Blagojevich not resign promptly.[31]

On December 15, just six days after the scandal broke with no resignation by the Governor, the Illinois House voted unanimously 113–0 to begin impeachment proceedings.[33][103] This was the first impeachment inquiry against an Illinois Governor.[104] Also, on that same day, Illinois House Speaker Michael Madigan formed a bipartisan committee of inquiry within the House of Representatives to run an impeachment inquiry.[105]

It is my intention to appoint a special committee to begin immediately an investigation into the governor's conduct in office and to undertake the preparatory work that is a prerequisite to an impeachment proceeding in the Illinois House

— Michael Madigan[105]

Madigan further stated, "We have given the governor six days to resign."[67] He also stated that the committee would work every day except Christmas Eve, Christmas Day, New Year's Eve, and New Year's Day until they had completed their report. The Illinois House would decide whether to impeach after the committee completed its review. The Illinois Senate would then have a trial to remove the Governor from office.[71] Illinois House Majority Leader Barbara Flynn Currie was the chairperson of the Special Committee on Impeachment.[78][106]

Madigan stated that the impeachment committee would consider the pending criminal charges as well as review other possible wrongdoing during Blagojevich's term such as abuse of power, taking action without legal authority, ignoring state laws, and defying lawful requests for information from the General Assembly.[78] Currie further stated that among the controversial actions under review by the committee would be the Blagojevich administration's purchase of a flu vaccine that was never distributed and his unilateral decision to send a $1 million grant to a private school that was damaged when the historic Pilgrim Baptist Church was destroyed by fire. She also warned that the panel's interest in investigating alleged criminal activities surrounding Blagojevich might be affected by how much cooperation was forthcoming from federal investigators, which was supported by a formal written request to Prosecutor Fitzgerald.[107] On December 30, Fitzgerald filed a motion to allow the impeachment committee to hear the conversations recorded by wiretap during his federal investigation.[108]

Wikinews has related news:

• Illinois House impeaches Blagojevich

On January 8, 2009, after the testimony by Roland Burris, the 21-member bipartisan committee on impeachment voted unanimously to recommend that the House impeach the Governor.[41] The following day, the full House voted 114–1 to impeach the governor. The lone dissenter was Chicago-area Representative Milton Patterson; three other representatives abstained.[109][110] After the Illinois House impeached Blagojevich, the Illinois Senate held a trial at which Illinois Supreme Court Chief Justice Thomas R. Fitzgerald presided. Under the Illinois Constitution, Fitzgerald rather than Senate President John Cullerton, presided because the accused was the governor.[111]

Blagojevich was the sixteenth governor in the United States and the first Illinois governor to have been impeached. Seven of the fifteen impeached governors were removed from office.[112]

The article of impeachment alleged a pattern of conduct constituting abuse of power, including the events described in the criminal complaint and several instances of ignoring Illinois law in his use of executive power.[113] In particular, it accused Blagojevich of engaging in a conduct constituting a pattern of abuse of power. Among the misdeeds were the following:

• Plotting to "obtain a personal benefit in exchange for his appointment to fill the [President-elect Barack Obama's] vacant seat in the United States Senate";
• Plotting to extort the Tribune Company by withholding state funds unless it fired certain members of the editorial board who had been critical of the governor;
• Plotting to obtain a campaign contribution in exchange for signing a bill to divert casino gambling revenues to the horse racing industry.[114]

On January 14, the new session of the Illinois House of Representatives convened and voted to affirm the impeachment vote of the prior session with only Blagojevich's sister-in-law Deborah Mell dissenting.[115][116]

The impeachment trial in the Illinois State Senate began on January 26, 2009.[115][117] Blagojevich boycotted attending his own hearings, referring to them as a kangaroo court.[118][119] Neither the governor nor his lawyer was present in Springfield, Illinois on the first day of the trial. Blagojevich spent the day in New York City making media appearances on a myriad of shows including Good Morning America and The View.[120][121] In his absence, a "not guilty" plea was automatically entered on his behalf.[122] On the same day, in a cable television news interview with Geraldo Rivera, Blagojevich derided the whole process.[119] Lead attorney Ed Genson announced that he was withdrawing from representing Blagojevich, saying "I never require a client to do what I say, but I do require them to at least listen."[123] Blagojevich was in New York again the next day continuing an apparent attempt to upstage the hearings with eleven media appointments at places such as The Early Show, and the Associated Press.[124][125] Blagojevich insisted that unlike Richard Nixon who did not want his tapes heard during Watergate, he wanted his tapes heard in order to reveal the whole truth, which he felt would vindicate him.[125]

On January 27, Federal prosecutors played four recordings from among the thousands of intercepted calls from Blagojevich's home and campaign offices. Although lawmakers trying to build an impeachment case wanted to hear more, the prosecutors feared further collaboration could jeopardize the criminal case against the governor. The recordings played at the impeachment trial were taped in November and December and revealed efforts by Blagojevich to collect money from a horse track owner in exchange for signing legislation benefiting the racing industry, prosecutors said. State Senator Dan Cronin said hearing the recordings "hits me right here in the stomach. It sort of reminds me of some Hollywood movie or a couple of thugs in a car driving around."[122] Daniel Cain, an FBI agent who investigated Blagojevich for years, also testified on January 27 and answered questions that did not extend to information not presented in the affidavit.[122]

On January 28, Blagojevich requested the opportunity to deliver his own closing arguments, although he would not testify or submit himself to cross-examination.[124] The Senate allowed Blagojevich to file an appearance late, enabling him to make a 90-minute closing argument.[126]

The following day, January 29, the prosecution delivered a 40-minute closing argument. Blagojevich then delivered his 47-minute closing arguments in defense. Among Blagojevich's statement were continuing reminders that he believed the process to be tainted because it did not allow him to call witnesses or challenge the evidence (although, as the Chicago Tribune reported two days earlier, the process did in fact allow the governor to call witnesses and challenge the evidence, but Blagojevich had done neither by the deadline).[127] The prosecution then made a 12-minute rebuttal.[128] Blagojevich did not remain in the Statehouse for the prosecution's rebuttal speech or the vote on his impeachment. After giving his closing statement, Blagojevich immediately left Springfield to return to his Chicago home aboard an official state aircraft. Had Blagojevich remained in Springfield for his impeachment, he would have been immediately ineligible to be transported on state aircraft as he would no longer be governor—he would have been stranded in Springfield, responsible for his own transportation home.[129]

After a recess, the Senate debated the vote on the article of impeachment. Under the Illinois Constitution, a two-thirds majority, or 40 votes out of 59, was required to convict him on the article of impeachment.[112][130] After several hours of deliberations, Rod Blagojevich was convicted and removed from office by a unanimous vote of 59–0. State Senator Mike Frerichs then moved that Blagojevich be banned from ever holding office in Illinois again. This motion carried, also by a unanimous vote of 59–0.[131][132] Shortly after the vote, the lieutenant governor, Pat Quinn was sworn in as the new governor.[133] Although Blagojevich is disqualified from running for any Government of Illinois office, he is eligible to run for federal office such as his old congressional seat.[134]

On April 2, 2009, a federal grand jury issued a 19 count indictment; 16 of which named Rod Blagojevich, including racketeering conspiracy, wire fraud, extortion, conspiracy, attempted extortion, and making false statements to federal agents.[147] Prosecutors amended the indictment on February 4, 2010, in anticipation of a U.S. Supreme Court ruling on the so-called "Honest Services" law.[148][149]

Four of his closest advisors were also indicted on various crimes:

• Robert Blagojevich, the ex-governor's brother (All charges against Robert Blagojevich were subsequently dropped in August 2010 following his brother's mistrial on 23 of 24 counts[150]) was outraged how he was treated by the Federal authorities and used as a pawn against his brother.[151] He later wrote a book about his experience that was published in 2015.[152]
• John Harris, former chief of staff
• Alonzo Monk, another former chief of staff, who pleaded guilty, testified against the Governor, and received two years in prison[153]
• Christopher G. Kelly, a Springfield businessman[147] (Kelly died on September 12, 2009, after having pleaded guilty, three days before he was to begin his prison sentence.[154])

If convicted, the former governor faced up to 20 years in prison on the most serious counts.[155] On July 27, 2010, the final arguments concluded,[156] and the jury began its deliberations.

On Wednesday, August 11, 2010, after eleven days of deliberations (during the course of which they sent Judge James Zagel two notes requesting guidance and instructions), the jury sent the judge a third, rather vague, note (which Rod Blagojevich was summoned to court to hear). The note appeared to state that the jurors may be deadlocked (raising the possibility of a hung jury) on at least some, if not all, the counts.[157]

Judge Zagel advised the jurors that they could find the former governor guilty on some (perhaps lesser) charges while finding him not guilty of others. The judge scheduled a hearing so that he, the defendants and their defense team, and prosecutors could receive further clarification on the matter. He also forbade both sides from discussing the matter further until it had been clarified and resolved.[158]

The ex-governor and his family learned of the indictment while they were vacationing in Florida, near Disney World.[159] Through his publicist, the ex-governor stated, "I'm saddened and hurt, but I am not surprised by the indictment. I am innocent. I now will fight in the courts to clear my name."[155]

Blagojevich's successor, Gov. Pat Quinn responded, "The events of Dec 9 and the events of today underline for the people of Illinois that there is a serious crisis of integrity in our government, and I think it's very, very important that we the people confront this crisis, enact the reforms that will solve the problems and make sure they never happen again."[160]

A Reform Commission headed by Patrick M. Collins drew up a 95-page list of recommendations for political reform in Illinois. In an emotional news conference, Collins criticized an Illinois legislative panel for its opposition to the recommendations.[161] Proposed changes included campaign contribution limits and term limits for state legislative leaders. However House Speaker Michael Madigan and Senate president John Cullerton had not supported the reform Commission's proposals.[162]

On August 17, 2010, Blagojevich was convicted of one count of lying to federal agents but a mistrial was declared on the other 23 charges due to hung jury. Prosecutors pledged to retry the case as soon as possible.[4][163] The four charges against Robert Blagojevich were dismissed.[164] Prosecutors had offered to retry Robert Blagojevich separately. However, he refused and the charges were dropped the very next day.[165] The retrial was set to begin April 20, 2011. On June 27 after ten days of deliberation, the jury found Blagojevich guilty of 11 counts related to the senate seat and 6 counts related to fundraising extortion of a hospital executive.[8] He was found not guilty of bribery related to a fundraising shakedown of a road-building executive.[8] The jury deadlocked on one count related to another road builder related to a 2006 fundraising pay-to-play involving then-U.S. Rep. Rahm Emanuel, now Chicago Mayor.[8] Unlike the first trial, Blagojevich took the stand in his own defense. Also, for the second trial, the government dropped all racketeering charges and charges against his brother.[166] The verdict followed the conviction of his gubernatorial predecessor five years earlier.[166]

On December 7, 2011, Blagojevich was sentenced to 14 years in prison.[9] He was also given two other concurrent sentences in addition to the 168-month sentence. Federal prison does not use parole; he must serve at least 85% of the 168-month sentence before becoming eligible to be given supervised release.[167] On March 15, 2012, Blagojevich reported to Federal Correctional Institution, Englewood in Colorado to begin serving his sentence. The Federal Bureau of Prisons previously listed Blagojevich's expected release date from prison as May 23, 2024, before his sentence was later commuted.[168]

On July 21, 2015, the United States Court of Appeals for the Seventh Circuit overturned four of former Illinois Gov. Rod Blagojevich's 18 convictions, stating that proposals to exchange promises for appointments "is a common exercise in logrolling".[169] The Supreme Court of the United States announced on March 28, 2016, that they had deferred the option to hear the appeal, which instead went to the United States District Court for the Northern District of Illinois.[170]

On August 9, 2016, U.S. District Judge James Zagel ruled that despite the four dropped charges, reports of good behavior, and pleas for leniency, Blagojevich's 14-year sentence would stand.[171] In making his decision, Zagel noted that "these are serious crimes that had an impact on the people of Illinois." and it is "an unfortunate reality" that Blagojevich's family members are made to suffer consequences. Patti Blagojevich commented on the sentence, calling it "unusually cruel and heartless and unfair".

On February 18, 2020, President Donald Trump commuted Rod Blagojevich's prison sentence. Blagojevich was released from prison that day, having served about eight years of his 14-year sentence.[172][173][174]