Rod Blagojevich corruption charges
Encyclopedia
Rod Blagojevich, former Governor of Illinois
Governor of Illinois
The Governor of Illinois is the chief executive of the State of Illinois and the various agencies and departments over which the officer has jurisdiction, as prescribed in the state constitution. It is a directly elected position, votes being cast by popular suffrage of residents of the state....

, is an American politician under investigation by the Federal Bureau of Investigation
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...

 since 2005 for corruption. Blagojevich
Rod Blagojevich
Rod R. Blagojevich is an American politician who served as the 40th Governor of Illinois from 2003 to 2009. A Democrat, Blagojevich was a State Representative before being elected to the United States House of Representatives representing parts of Chicago...

 and his Chief of Staff
Chief of Staff
The title, chief of staff, identifies the leader of a complex organization, institution, or body of persons and it also may identify a Principal Staff Officer , who is the coordinator of the supporting staff or a primary aide to an important individual, such as a president.In general, a chief of...

 John Harris
John F. Harris (Illinois)
John F. Harris is the former Chief of Staff to the Governor of Illinois, Rod Blagojevich. He resigned in December 2008 after being charged, along with Blagojevich, with wire fraud.-Biography:...

 were charged with corruption by federal prosecutor Patrick Fitzgerald
Patrick Fitzgerald
Patrick J. Fitzgerald is the current United States Attorney for the Northern District of Illinois and a member of the U.S. Department of Justice Office of Special Counsel...

. As a result of the scandal, Blagojevich was impeached
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....

 by the Illinois General Assembly
Illinois General Assembly
The Illinois General Assembly is the state legislature of the U.S. state of Illinois and comprises the Illinois House of Representatives and the Illinois Senate. The General Assembly was created by the first state constitution adopted in 1818. Illinois has 59 legislative districts, with two...

 and removed from office by the Illinois Senate
Illinois Senate
The Illinois Senate is the upper chamber of the Illinois General Assembly, the legislative branch of the government of the state of Illinois in the United States. The body was created by the first state constitution adopted in 1818. The Illinois Senate is made up of 59 senators elected from...

 in January 2009. The federal investigation continued after this removal, and Blagojevich was indicted
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...

 on corruption charges in April 2009. On August 17, the jury found him guilty of one charge of making false statements with a mistrial being declared on the other 23 counts due to a hung jury
Hung jury
A hung jury or deadlocked jury is a jury that cannot, by the required voting threshold, agree upon a verdict after an extended period of deliberation and is unable to change its votes due to severe differences of opinion.- England and Wales :...

 after 14 days of jury deliberation. On June 27, 2011 after a retrial, Blagojevich was found guilty of 17 charges of corruption (including wire fraud, attempted extortion, and conspiracy to solicit bribes), not guilty on one charge and the jury deadlocked after 10 days of deliberation on the two remaining charges.

The investigation became public knowledge when a federal judge revealed that Blagojevich was the "Public Official A" in the indictment of Tony Rezko
Tony Rezko
Antoin "Tony" Rezko is a Assyrian -American businessman, political fundraiser, restaurateur, and real estate developer in Chicago, Illinois, convicted on several counts of fraud and bribery in 2008. Rezko has been involved in fundraising for local Illinois Democratic and Republican politicians...

. The case gained widespread attention with the simultaneous arrests of Blagojevich and his chief of staff, John Harris, on December 9, 2008, at their homes by federal agents. Blagojevich and Harris were each charged with one count of conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...

 to commit mail and wire fraud
Wire fraud
Mail and wire fraud is a federal crime in the United States. Together, 18 U.S.C. §§ 1341, 1343, and 1346 reach any fraudulent scheme or artifice to intentionally deprive another of property or honest services with a nexus to mail or wire communication....

 and one count of soliciting bribes. The case involved sweeping pay to play and influence peddling
Influence peddling
Influence peddling is the illegal practice of using one's influence in government or connections with persons in authority to obtain favors or preferential treatment for another, usually in return for payment. Also called traffic of influence or trading in influence ...

 allegations, including the alleged solicitation of personal benefit in exchange for an appointment to the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...

 as a replacement for Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...

, who had resigned after being elected President of the United States
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....

 (see bribery
Bribery
Bribery, a form of corruption, is an act implying money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or...

). United States Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...

 Patrick Fitzgerald
Patrick Fitzgerald
Patrick J. Fitzgerald is the current United States Attorney for the Northern District of Illinois and a member of the U.S. Department of Justice Office of Special Counsel...

 noted that there had been no evidence of wrongdoing by Obama.

After the arrest, Illinois elected officials began calling on Blagojevich to resign. The 50 members of the U.S. Senate's Democratic caucus called on Blagojevich to not appoint a senator and pledged not to seat anyone he attempted to appoint. Legislators introduced bills in both houses of the Illinois General Assembly
Illinois General Assembly
The Illinois General Assembly is the state legislature of the U.S. state of Illinois and comprises the Illinois House of Representatives and the Illinois Senate. The General Assembly was created by the first state constitution adopted in 1818. Illinois has 59 legislative districts, with two...

 to remove the Governor's power to appoint a senator and require a special election; however, no such bill passed. Blagojevich did eventually appoint Roland Burris
Roland Burris
Roland Wallace Burris is a former United States Senator from the state of Illinois and a member of the Democratic Party....

 to the seat. Despite attempts to keep Burris from taking the seat in the U.S. Senate, he was eventually allowed to take the oath of office. Within days of Blagojevich's arrest, Illinois Attorney General
Illinois Attorney General
The Illinois Attorney General is the highest legal officer of the state of Illinois in the United States. Originally an appointed office, it is now an office filled by election through universal suffrage...

 Lisa Madigan
Lisa Madigan
Lisa Madigan has been the 41st Attorney General of the US state of Illinois since 2003, when she became the first female attorney general for Illinois...

 filed a motion with the Illinois Supreme Court seeking to declare the Governor "unable to serve" and strip him of the powers of his office. The court denied the request. Meanwhile, Speaker of the Illinois House of Representatives
Speaker of the Illinois House of Representatives
-List of Speakers:This is a complete list of the Speakers of the Illinois House of Representatives, as of 2007. Each was chosen since the Illinois General Assembly's first session in 1818.The colors indicate the political party affiliation of each speaker....

 Mike Madigan (the Attorney General's father) announced that on December 16 he would begin impeachment proceedings. The state House
Illinois House of Representatives
The Illinois House of Representatives is the lower house of the Illinois General Assembly, the state legislature of the U.S. state of Illinois. The body was created by the first Illinois Constitution adopted in 1818. The state House of Representatives is made of 118 representatives elected from...

 impeached Blagojevich on January 9, 2009, and the state Senate
Illinois Senate
The Illinois Senate is the upper chamber of the Illinois General Assembly, the legislative branch of the government of the state of Illinois in the United States. The body was created by the first state constitution adopted in 1818. The Illinois Senate is made up of 59 senators elected from...

 convicted him on January 29, thereby removing him; they also disqualified him from holding further office in the state.

Background

Blagojevich had been under investigation for corrupt activity for several years, as part of a broader federal investigation by Fitzgerald, code-named Operation Board Games
Operation Board Games
Operation Board Games is a federal fraud investigation initiated by United States Attorney Patrick Fitzgerald in December 2003, in order to investigate suspected fraud and extortion activity by Illinois Governor Rod Blagojevich...

, that had been going on for three years. To date, 15 people have been charged in connection with the investigation. Blagojevich had long been suspected to be a target of the investigation, but it was confirmed by U.S. District Judge Amy St. Eve
Amy J. St. Eve
Amy J. St. Eve is a District Judge for the United States District Court for the Northern District of Illinois. She joined the court in 2002 after being nominated by President George W. Bush....

 that he was the "Public Official A" referred to in the federal indictment of Tony Rezko
Tony Rezko
Antoin "Tony" Rezko is a Assyrian -American businessman, political fundraiser, restaurateur, and real estate developer in Chicago, Illinois, convicted on several counts of fraud and bribery in 2008. Rezko has been involved in fundraising for local Illinois Democratic and Republican politicians...

. Just before the 2008 United States general elections
United States general elections, 2008
The 2008 United States general elections were held on November 4. The result was a significant victory for the Democratic Party on the national level, as they increased majorities in both houses of Congress and won the Presidency. Democrat Barack Obama defeated Republican John McCain in the...

 on November 4, 2008, Federal investigators were granted authority to tape Blagojevich's conversations. On December 8, 2008, in a press conference, Blagojevich claimed "whether you tape me privately or publicly, I can tell you that whatever I say is always lawful and the things I'm interested in are always lawful." He further stated that "if anybody wants to tape my conversations, go right ahead, feel free to do it. I appreciate anybody who wants to tape me openly and notoriously; and those who feel like they want to sneakily, and wear taping devices, I would remind them that it kind of smells like Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...

 and Watergate
Watergate scandal
The Watergate scandal was a political scandal during the 1970s in the United States resulting from the break-in of the Democratic National Committee headquarters at the Watergate office complex in Washington, D.C., and the Nixon administration's attempted cover-up of its involvement...

.
" After a meeting between Blagojevich and Jackson regarding the Senate seat, when asked his thoughts on being the subject of federal tapings, Blagojevich stated, "I don't believe there's any cloud that hangs over me. I think there's nothing but sunshine hanging over me."
The public scandal and turmoil began with arrests of Illinois Governor
Governor of Illinois
The Governor of Illinois is the chief executive of the State of Illinois and the various agencies and departments over which the officer has jurisdiction, as prescribed in the state constitution. It is a directly elected position, votes being cast by popular suffrage of residents of the state....

 Rod Blagojevich
Rod Blagojevich
Rod R. Blagojevich is an American politician who served as the 40th Governor of Illinois from 2003 to 2009. A Democrat, Blagojevich was a State Representative before being elected to the United States House of Representatives representing parts of Chicago...

, a Democrat, and his Chief of Staff
Chief of Staff
The title, chief of staff, identifies the leader of a complex organization, institution, or body of persons and it also may identify a Principal Staff Officer , who is the coordinator of the supporting staff or a primary aide to an important individual, such as a president.In general, a chief of...

 John Harris
John F. Harris (Illinois)
John F. Harris is the former Chief of Staff to the Governor of Illinois, Rod Blagojevich. He resigned in December 2008 after being charged, along with Blagojevich, with wire fraud.-Biography:...

 at 6:15 a.m. on December 9, 2008, at their homes by deputies of the United States Marshals Service
United States Marshals Service
The United States Marshals Service is a United States federal law enforcement agency within the United States Department of Justice . The office of U.S. Marshal is the oldest federal law enforcement office in the United States; it was created by the Judiciary Act of 1789...

 on behalf of the Federal Bureau of Investigation
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...

 (FBI). Blagojevich and Harris were each charged with one count of conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...

 to commit mail and wire fraud
Wire fraud
Mail and wire fraud is a federal crime in the United States. Together, 18 U.S.C. §§ 1341, 1343, and 1346 reach any fraudulent scheme or artifice to intentionally deprive another of property or honest services with a nexus to mail or wire communication....

 and one count of soliciting bribes. The case involved sweeping pay to play and influence peddling
Influence peddling
Influence peddling is the illegal practice of using one's influence in government or connections with persons in authority to obtain favors or preferential treatment for another, usually in return for payment. Also called traffic of influence or trading in influence ...

 allegations, including the alleged solicitation of personal benefit in exchange for an appointment to the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...

 as a replacement for Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...

, who had resigned after being elected President of the United States
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....

. United States Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...

 Patrick Fitzgerald
Patrick Fitzgerald
Patrick J. Fitzgerald is the current United States Attorney for the Northern District of Illinois and a member of the U.S. Department of Justice Office of Special Counsel...

 noted that there had been no evidence of wrongdoing by Obama. The cases are part of a broader federal investigation by Fitzgerald code-named Operation Board Games
Operation Board Games
Operation Board Games is a federal fraud investigation initiated by United States Attorney Patrick Fitzgerald in December 2003, in order to investigate suspected fraud and extortion activity by Illinois Governor Rod Blagojevich...

 that had been going on for three years in which 15 people have been charged by Fitzgerald.

Prior to the scandal, Blagojevich considered himself as a contender for the 2016 presidential election, but was willing to pursue an interim position as a United States Cabinet
United States Cabinet
The Cabinet of the United States is composed of the most senior appointed officers of the executive branch of the federal government of the United States, which are generally the heads of the federal executive departments...

 member, United States ambassador
Ambassador
An ambassador is the highest ranking diplomat who represents a nation and is usually accredited to a foreign sovereign or government, or to an international organization....

, or high profile corporate titan instead. The governor's statutory power to appoint a replacement for Obama in the U.S. Senate was something that Blagojevich viewed as convertible currency of the form that could assure this future. Soon after the Presidential election, it became very clear to Fitzgerald from his wiretaps that a sale of the Senate seat was imminent; Fitzgerald immediately pressed for Blagojevich's arrest. After the arrest, the prosecution began proceedings to obtain an indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...

 from a grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...

, a process that was granted an extension to April 7, 2009.

A federal grand jury in Illinois returned an indictment against Blagojevich and five other defendants on April 2, 2009. Blagojevich is the seventh Illinois Governor to have been arrested or indicted; and he could become the fourth, including Daniel Walker
Daniel Walker
Daniel Walker was the 36th Governor of the U.S. state of Illinois from 1973 to 1977.-Early life and career:He was born in Washington, D.C. and raised near San Diego, California. He was the second Governor of Illinois to graduate from the United States Naval Academy. He served as a naval officer in...

, jailed since 1971. In addition to the allegations concerning the Senate seat, Blagojevich has also been charged with
  • attempting to extort
    Extortion
    Extortion is a criminal offence which occurs when a person unlawfully obtains either money, property or services from a person, entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime...

     the owners of the Tribune Company
    Tribune Company
    The Tribune Company is a large American multimedia corporation based in Chicago, Illinois. It is the nation's second-largest newspaper publisher, with ten daily newspapers and commuter tabloids including Chicago Tribune, Los Angeles Times, Hartford Courant, Orlando Sentinel, South Florida...

     to fire editors at the Chicago Tribune
    Chicago Tribune
    The Chicago Tribune is a major daily newspaper based in Chicago, Illinois, and the flagship publication of the Tribune Company. Formerly self-styled as the "World's Greatest Newspaper" , it remains the most read daily newspaper of the Chicago metropolitan area and the Great Lakes region and is...

    who criticized the governor's handling of state affairs
  • abuse of power concerning release of US$8 million of state funds to Children's Memorial Hospital
    Children's Memorial Hospital
    Children's Memorial Hospital in Chicago, Illinois is a pediatric hospital. The main hospital is located in the Lincoln Park neighborhood on the north side of the city. With more than 1,100 physicians on staff and approximately 4,000 employees, Children’s Memorial focuses on 70 specialties in 17...

     expecting to obtain a $50,000 campaign contribution.
  • seeking graft in the form of $2.5 million in campaign contributions (through 2008) from companies and individuals who have received state contracts or appointments. On January 2, 2009 Governor Blagojevich's federal security clearance was revoked by the United States Department of Homeland Security
    United States Department of Homeland Security
    The United States Department of Homeland Security is a cabinet department of the United States federal government, created in response to the September 11 attacks, and with the primary responsibilities of protecting the territory of the United States and protectorates from and responding to...

    .


In June 2009 it was determined by the judge overseeing the case that the Blagojevich trial would start on June 3, 2010. In the wake of the scandal reform measures are being proposed. Wisconsin Senator Russell Feingold, who at the time was the chairman of the United States Senate Committee on the Judiciary
United States Senate Committee on the Judiciary
The United States Senate Committee on the Judiciary is a standing committee of the United States Senate, of the United States Congress. The Judiciary Committee, with 18 members, is charged with conducting hearings prior to the Senate votes on confirmation of federal judges nominated by the...

's Subcommittee on the Constitution, Civil Rights and Property Rights
United States Senate Judiciary Subcommittee on the Constitution, Civil Rights and Property Rights
The Senate Judiciary Subcommittee on the Constitution is one of seven subcommittees within the Senate Judiciary Committee. The subcomittee was best known in the 1970s as the committee of Sam Ervin, whose investigations and lobbying — together with Frank Church and the Church Commission — lead to...

, has stated that he will introduce a constitutional amendment
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...

 requiring vacant Senate seats be filled by special elections, as the House of Representatives requires.

Obama Senate replacement

Fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...

 involving the appointment of a senator to fill the Senate seat vacated by Barack Obama is the most notable charge against Blagojevich. Blagojevich was overheard on a recorded phone call saying "it's a fucking valuable thing, you just don't give it away for nothing", and that "If I don't get what I want...I'll just take the Senate seat myself."

Blagojevich allegedly sought the following in exchange for an appointment:
  • A substantial salary for himself at either a non-profit foundation or an organization affiliated with labor unions.
  • Placing his wife on paid corporate boards where he speculated she might garner as much as $150,000 a year.
  • Promises of campaign funds—including cash up front.
  • A Cabinet post or ambassadorship for himself to Serbia
    Serbia
    Serbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...

    .


Following Blagojevich's arrest, Richard Durbin, the United States Senator for Illinois who had served alongside Obama, issued a statement regarding the prospective gubernatorial appointment to replace Barack Obama in the Senate: "No appointment by this governor, under these circumstances, could produce a credible replacement". Durbin urged the Illinois General Assembly
Illinois General Assembly
The Illinois General Assembly is the state legislature of the U.S. state of Illinois and comprises the Illinois House of Representatives and the Illinois Senate. The General Assembly was created by the first state constitution adopted in 1818. Illinois has 59 legislative districts, with two...

 to quickly set a special election to replace Obama. Durbin noted that Illinois has a need to call a 2009 House of Representatives special election
Illinois's 5th congressional district special election, 2009
A special election was held in Illinois's 5th congressional district in 2009 to fill the seat vacated by Rahm Emanuel. On April 7, Democratic nominee Michael Quigley defeated Republican nominee Rosanna Pulido and Green nominee Matt Reichel...

 to replace then-Representative and White House Chief of Staff
White House Chief of Staff
The White House Chief of Staff is the highest ranking member of the Executive Office of the President of the United States and a senior aide to the President.The current White House Chief of Staff is Bill Daley.-History:...

-designate Rahm Emanuel
Rahm Emanuel
Rahm Israel Emanuel is an American politician and the 55th and current Mayor of Chicago. He was formerly White House Chief of Staff to President Barack Obama...

 in Illinois's 5th congressional district
Illinois's 5th congressional district
The 5th Congressional District of Illinois was created as part of the 28th United States Congress, which first met on March 4, 1843; it was initially represented by Stephen A. Douglas, whose Kansas-Nebraska Act prompted the creation of the Republican Party...

. Both Illinois Senate President Emil Jones
Emil Jones
Emil Jones, Jr. was the President of the Illinois Senate from 2003 to 2009. A Democrat, Jones served in the Illinois Senate from 1983 to 2009, where he served as President of the Illinois Senate from 2003 to the end of his term...

 and Michael Madigan
Michael Madigan
Michael J. Madigan is the Speaker of the Illinois House of Representatives and Chairman of the Democratic Party of Illinois...

, Speaker of the Illinois House of Representatives
Speaker of the Illinois House of Representatives
-List of Speakers:This is a complete list of the Speakers of the Illinois House of Representatives, as of 2007. Each was chosen since the Illinois General Assembly's first session in 1818.The colors indicate the political party affiliation of each speaker....

, stated that they would call a session of their respective chambers to consider legislation to establish a special election to fill the Obama Senate seat vacancy. Bills were introduced in both houses that would have revoked the Governor's statutory authority to appoint a senator, and would have required a special election instead. Neither house debated the bills, nor were they enacted.

Roland Burris appointment

In the midst of the controversy, on December 31, 2008, Blagojevich appointed Roland Burris
Roland Burris
Roland Wallace Burris is a former United States Senator from the state of Illinois and a member of the Democratic Party....

, a former Illinois Attorney General
Illinois Attorney General
The Illinois Attorney General is the highest legal officer of the state of Illinois in the United States. Originally an appointed office, it is now an office filled by election through universal suffrage...

 and the first African American
African American
African Americans are citizens or residents of the United States who have at least partial ancestry from any of the native populations of Sub-Saharan Africa and are the direct descendants of enslaved Africans within the boundaries of the present United States...

 to be elected to statewide office in Illinois, to the vacated Senate seat. 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. Illinois Secretary of State Jesse White
Jesse White (politician)
Jesse Clark White is a Democratic American politician. He is currently the 37th and second-longest serving Secretary of State of Illinois, after James A. Rose, and the first African American to hold this position....

 refused to certify Burris' selection for the vacant Senate seat.

Senate leaders argued that Senate Rule
Standing Rules of the United States Senate
The Standing Rules of the Senate are the rules of order adopted by the United States Senate that govern its procedure. The Senate's power to establish rules derives from Article One, Section 5 of the United States Constitution: "Each House may determine the rules of its proceedings..."There are...

 2 requires a senator-designate's credentials to be signed by the state's governor and secretary of state. On January 6, when the 111th United States Congress
111th United States Congress
The One Hundred Eleventh United States Congress was the meeting of the legislative branch of the United States federal government from January 3, 2009 until January 3, 2011. It began during the last two weeks of the George W. Bush administration, with the remainder spanning the first two years of...

 opened its session, the Secretary of the United States Senate
Secretary of the United States Senate
The Secretary of the Senate is an elected officer of the United States Senate. The Secretary supervises an extensive array of offices and services to expedite the day-to-day operations of that body...

 Nancy Erickson
Nancy Erickson
Nancy Erickson is the current Secretary of the United States Senate. She began her term as Secretary on January 4, 2007 in the 110th Congress. Erickson was appointed by Democratic and Majority Leader Harry Reid of Nevada. Prior to serving as Secretary of the Senate, Erickson served as the...

 rejected Burris's credentials because White had not signed the certificate of appointment. Senate Majority Leader Harry Reid
Harry Reid
Harry Mason Reid is the senior United States Senator from Nevada, serving since 1987. A member of the Democratic Party, he has been the Senate Majority Leader since January 2007, having previously served as Minority Leader and Minority and Majority Whip.Previously, Reid was a member of the U.S...

 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
United States Senate Committee on Rules and Administration
The Senate Committee on Rules and Administration is responsible for the rules of the United States Senate, with administration of congressional buildings, and with credentials and qualifications of members of the Senate, including responsibility for dealing with contested elections.The committee...

 Dianne Feinstein
Dianne Feinstein
Dianne Goldman Berman Feinstein is the senior U.S. Senator from California. A member of the Democratic Party, she has served in the Senate since 1992. She also served as 38th Mayor of San Francisco from 1978 to 1988....

, who recognized the propriety of the appointment based on the statutory authority of the Illinois Governor. 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.

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. 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. 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. 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."

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. On January 12, 2009, after deeming Burris' credentials valid, the Senate decided to seat Burris. Burris was sworn in on January 15, 2009, by President of the Senate Dick Cheney
Dick Cheney
Richard Bruce "Dick" Cheney served as the 46th Vice President of the United States , under George W. Bush....

.

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. 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 Rob Blagojevich that he could not donate to Gov. Blagojevich because "it could be viewed as an attempt to curry favor with him regarding his decision to appoint a successor to President Obama." Burris stated that he neither donated to nor raised funds for Blagojevich after a fund-raiser on June 27, 2008. Saying that this is at odds with Burris' testimony during the impeachment trial, Illinois House Republicans said they would consider pursuing a perjury investigation. Democratic officials, including Illinois Attorney General
Illinois Attorney General
The Illinois Attorney General is the highest legal officer of the state of Illinois in the United States. Originally an appointed office, it is now an office filled by election through universal suffrage...

 Lisa Madigan
Lisa Madigan
Lisa Madigan has been the 41st Attorney General of the US state of Illinois since 2003, when she became the first female attorney general for Illinois...

, supported that announcement.

On February 16, in comments to reporters, Burris acknowledged he sought to raise campaign funds for then-Gov. Rod Blagojevich at the request of the governor’s brother at the same time he was making a pitch to be appointed to the Senate. 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
United States Senate Select Committee on Ethics
The U.S. Senate Select Committee on Ethics is a select committee of the United States Senate charged with dealing with matters related to senatorial ethics. It is also commonly referred to as the Senate Ethics Committee...

 has opened a preliminary investigation into the matter. 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. Expulsion would require a simple majority
Majority
A majority is a subset of a group consisting of more than half of its members. This can be compared to a plurality, which is a subset larger than any other subset; i.e. a plurality is not necessarily a majority as the largest subset may consist of less than half the group's population...

 vote by the committee and a two-thirds supermajority
Supermajority
A supermajority or a qualified majority is a requirement for a proposal to gain a specified level or type of support which exceeds a simple majority . In some jurisdictions, for example, parliamentary procedure requires that any action that may alter the rights of the minority has a supermajority...

 vote by the full Senate. In the subsequent days, records came out that showed Burris to have misrepresented a list of his lobbying clients. 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. Illinois Governor Quinn called a press conference to request a resignation for the good of the Illinois citizens. Several Democrats called for Burris' resignation; the Obama Administration asked that he reconsider his future, and a pair of employees resigned from Burris' staff. On February 21, Burris met with federal authorities regarding his involvement in the matter.

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. "He said he would not resign." Durbin also inquered about Burris' plans for the 2010 United States Senate elections and relayed to Burris that he would be very unlikely to succeed in the primary or general election. Quinn endorsed a special election to replace Burris, but there was vocal and procedural resistance in the Illinois General Assembly
Illinois General Assembly
The Illinois General Assembly is the state legislature of the U.S. state of Illinois and comprises the Illinois House of Representatives and the Illinois Senate. The General Assembly was created by the first state constitution adopted in 1818. Illinois has 59 legislative districts, with two...

. On February 25, Lisa Madigan
Lisa Madigan
Lisa Madigan has been the 41st Attorney General of the US state of Illinois since 2003, when she became the first female attorney general for Illinois...

 confirmed the constitutionality of moving forward a direct election for the seat formerly held by Obama to a targeted May 26 date. 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
Internal Revenue Service
The Internal Revenue Service is the revenue service of the United States federal government. The agency is a bureau of the Department of the Treasury, and is under the immediate direction of the Commissioner of Internal Revenue...

 placed a $34,163 tax lien
Tax lien
A tax lien is a lien imposed by law upon a property to secure the payment of taxes. A tax lien may be imposed for delinquent taxes owed on real property or personal property, or as a result of failure to pay income taxes or other taxes....

 on Burris II and three weeks after a mortgage company filed a foreclosure
Foreclosure
Foreclosure is the legal process by which a mortgage lender , or other lien holder, obtains a termination of a mortgage borrower 's equitable right of redemption, either by court order or by operation of law...

 suit on his South Side house.

Obama's involvement

Blagojevich was aware that Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...

 would have preferred "Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...

 Candidate #1" (Valerie Jarrett
Valerie Jarrett
Valerie Bowman Jarrett is a senior advisor and assistant to the president for Public Engagement and Intergovernmental Affairs for the Obama administration. She is a Chicago lawyer, businesswoman, and civic leader...

), and he allegedly made efforts to obtain favors in exchange for appointing Jarrett for the U.S. Senate seat. 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
Gratitude
Gratitude, thankfulness, gratefulness, or appreciation is a feeling, emotion or attitude in acknowledgment of a benefit that one has received or will receive. The experience of gratitude has historically been a focus of several world religions, and has been considered extensively by moral...

. The Senate seat's a fucking valuable thing. Fuck them." There was public speculation as to whether Obama's Chief of Staff, Rahm Emanuel
Rahm Emanuel
Rahm Israel Emanuel is an American politician and the 55th and current Mayor of Chicago. He was formerly White House Chief of Staff to President Barack Obama...

 had a role in any discussions with the governor's office. 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.

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

In a December 11 press conference, Obama stated that he, his staff and his transition team
Presidential transition of Barack Obama
The presidential transition of Barack Obama began when he won the United States presidential election on November 4, 2008, and became the President-Elect. He was formally elected by the Electoral College on December 15, 2008...

 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." 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.
On December 15, the Obama team confirmed that its internal review found no inappropriate contact between Obama's staff and Blagojevich or his staff, 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."

In April 2010, Blagojevich moved
Motion (legal)
In law, a motion is a procedural device to bring a limited, contested issue before a court for decision. A motion may be thought of as a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is...

 to subpoena
Subpoena
A subpoena is a writ by a government agency, most often a court, that has authority to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoena:...

 Obama.

Replacing Blagojevich

After his arrest, Governor Blagojevich appeared before U.S. Magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...

 Judge Nan R. Nolan, in the United States District Court for the Northern District of Illinois
United States District Court for the Northern District of Illinois
The United States District Court for the Northern District of Illinois is the trial-level court with jurisdiction over the northern counties of Illinois....

, and was released on a $4,500 signature bond
Recognizance
In some common law nations, a recognizance is a conditional obligation undertaken by a person before a court. It is an obligation of record, entered into before a court or magistrate duly authorized, whereby the party bound acknowledges that he owes a personal debt to the state...

. He was also ordered to surrender his passport
Passport
A passport is a document, issued by a national government, which certifies, for the purpose of international travel, the identity and nationality of its holder. The elements of identity are name, date of birth, sex, and place of birth....

 and his firearm owner's identification card. He then returned to work where his office issued a statement saying the "allegations do nothing to impact the services, duties or function of the State."

Had he pled guilty to the charges, Blagojevich would have been automatically forced to resign as the Illinois Constitution
Illinois Constitution
The Constitution of the State of Illinois is the governing document of the state of Illinois. There have been four Illinois Constitutions; the fourth and current version was adopted in 1970.-History:...

 does not allow convicted felons to hold office.

On December 11, 2008, John Fritchey
John Fritchey
John Alden Fritchey, IV is an American attorney and politician. He is a Democratic member of the Cook County Board of Commissioners, representing the 12th District since 2010.-Early life:...

, a Democratic member of the Illinois House of Representatives, circulated a letter to the Illinois House Democratic Caucus to outline options for moving beyond the crisis caused by the criminal allegations against Blagojevich. In the letter, Fritchey mentioned the scenarios to replace Governor Blagojevich:
  1. voluntary resignation of Blagojevich as Governor of Illinois,
  2. filing of a Rule 382 motion by Illinois Attorney General Lisa Madigan with the Illinois Supreme Court to seek a judicial ruling that Blagojevich was unable or unwilling to carry out his gubernatorial duties, and
  3. introducing a motion in the Illinois House of Representatives to begin impeachment proceedings against Governor Blagojevich.


On December 13 and 14, Blagojevich's attorney Ed Genson
Ed Genson
Edward M. Genson is a Chicago attorney who has represented high profile defendants such as former Republic Windows CEO Richard Gillman, musician R. Kelly, newspaper owner Conrad Black, and Illinois Governor Rod Blagojevich.-Early life:...

, at hearings by the Illinois House of Representatives' Special Committee on Impeachment, stated that the Governor would not resign.

Calls for resignation

Blagojevich faced calls from members of both major parties and prominent politicians to resign. On December 9, Lieutenant Governor
Lieutenant Governor of Illinois
The Lieutenant Governor of Illinois is the second highest executive of the State of Illinois. In Illinois, the lieutenant governor and governor run on a joint ticket, and are directly elected by popular vote. Candidates for lieutenant governor run separately in the primary from candidates for...

 Pat Quinn
Pat Quinn (politician)
Patrick Joseph "Pat" Quinn III is the 41st and current Governor of Illinois. He is a member of the Democratic Party. Previously elected three times to statewide office, Quinn was the sitting lieutenant governor and became governor on January 29, 2009, when the previous governor, Rod Blagojevich,...

 said in a news conference that Blagojevich should temporarily step aside from his office. On December 10, he went further and called for Blagojevich to resign, and also raised questions about his mental health. The state's other top elected officials—Attorney General
Illinois Attorney General
The Illinois Attorney General is the highest legal officer of the state of Illinois in the United States. Originally an appointed office, it is now an office filled by election through universal suffrage...

 Lisa Madigan
Lisa Madigan
Lisa Madigan has been the 41st Attorney General of the US state of Illinois since 2003, when she became the first female attorney general for Illinois...

, Comptroller Dan Hynes
Daniel Hynes
Daniel W. Hynes is an American politician, formerly the Illinois Comptroller.-Background:Hynes was born in Chicago. He attended St. Ignatius College Prep in Chicago, where he graduated in 1986. Hynes later attended the University of Notre Dame, where he graduated magna cum laude in 1990 with a...

, Treasurer
Illinois State Treasurer
The Treasurer of Illinois is an elected official of the U.S. state of Illinois. The office was created by the Constitution of Illinois.-Current occupant and duties:, the Treasurer of Illinois is Dan Rutherford, a member of the Republican Party...

 Alexi Giannoulias
Alexi Giannoulias
Alexander "Alexi" Giannoulias is an American politician who served as Illinois Treasurer from 2007 to 2011. A Democrat, Giannoulias defeated Republican candidate State Senator Christine Radogno in November 2006 with 54 percent of the vote, becoming the first Democrat to hold the office in 12...

 and Secretary of State Jesse White
Jesse White (politician)
Jesse Clark White is a Democratic American politician. He is currently the 37th and second-longest serving Secretary of State of Illinois, after James A. Rose, and the first African American to hold this position....

—also called for Blagojevich to resign.

Outgoing Democratic National Committee
Democratic National Committee
The Democratic National Committee is the principal organization governing the United States Democratic Party on a day to day basis. While it is responsible for overseeing the process of writing a platform every four years, the DNC's central focus is on campaign and political activity in support...

 Chairman Howard Dean
Howard Dean
Howard Brush Dean III is an American politician and physician from Vermont. He served six terms as the 79th Governor of Vermont and ran unsuccessfully for the 2004 Democratic presidential nomination. He was chairman of the Democratic National Committee from 2005 to 2009. Although his U.S...

 also called for the governor to step down.

On December 10, 2008, the Democratic Caucus of the United States Senate
Democratic Caucus of the United States Senate
The Senate Democratic Caucus is the formal organization of the current 51 Democratic Senators in the United States Senate. In the 112th Congress, the Democratic Caucus additionally includes two independent senators who formally caucus with the Democrats for the purpose of committee assignments...

 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." Senate Majority Leader Harry Reid
Harry Reid
Harry Mason Reid is the senior United States Senator from Nevada, serving since 1987. A member of the Democratic Party, he has been the Senate Majority Leader since January 2007, having previously served as Minority Leader and Minority and Majority Whip.Previously, Reid was a member of the U.S...

 indicated that the Senate might not seat a Blagojevich appointment because such an appointee "would be under a cloud of suspicion."

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.

Illinois Senate Minority Leader
Minority leader
In U.S. politics, the minority leader is the floor leader of the second largest caucus in a legislative body. Given the two-party nature of the U.S. system, the minority leader is almost inevitably either a Republican or a Democrat, with their counterpart being of the opposite party. The position...

 Frank Watson, Illinois Congressman John Shimkus
John Shimkus
John Mondy Shimkus is the U.S. Representative for , serving since 1997. He is a member of the Republican Party....

, and many Illinois state legislators from both parties also called for Blagojevich to resign.

House Speaker Madigan felt 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.

Blagojevich's defense

On December 19, 2008, at the Thompson Center
James R. Thompson Center
The James R. Thompson Center is located at 100 W. Randolph Street in the Loop, Chicago, Illinois and houses offices of the State of Illinois. The building opened in May 1985 as the State of Illinois Center. It was renamed in 1993 to honor former Illinois Governor James R. Thompson...

, Blagojevich said he "has 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.” He proceeded to quote from Rudyard Kipling
Rudyard Kipling
Joseph Rudyard Kipling was an English poet, short-story writer, and novelist chiefly remembered for his celebration of British imperialism, tales and poems of British soldiers in India, and his tales for children. Kipling received the 1907 Nobel Prize for Literature...

's poem, If—
If—
"If—" is a poem written in 1895 by British Nobel laureate Rudyard Kipling. It was first published in the "Brother Square Toes" chapter of Rewards and Fairies, Kipling's 1910 collection of short stories and poems...

. After reading the prepared statement, Blagojevich exited the room and did not take any questions.

Court actions to declare Blagojevich unfit to serve

On December 12, 2008, Illinois Attorney General Lisa Madigan
Lisa Madigan
Lisa Madigan has been the 41st Attorney General of the US state of Illinois since 2003, when she became the first female attorney general for Illinois...

 began legal proceedings in the Illinois Supreme Court to have Blagojevich declared "unfit to serve" in case he did not resign.

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. The Supreme Court, however, in orders without opinions, denied Madigan leave to file the complaint; it denied the motion for temporary relief, and it denied a private individuals' motion for leave to file a complaint to remove the governor from office.

Impeachment

According to the FBI affidavit, Blagojevich attempted to have Chicago Tribune writers fired for discussing his possible impeachment. Jan Schakowsky
Jan Schakowsky
Janice D. "Jan" Schakowsky is the U.S. Representative for , serving since 1999. She is a member of the Democratic Party.The district includes many of Chicago's northern suburbs, including Evanston, Skokie, Wilmette, Park Ridge, Des Plaines and Rosemont...

, a Democrat representing Illinois's 9th congressional district, called for impeachment proceedings to begin should Blagojevich not resign promptly.

On December 15, the sixth day after the scandal broke with no resignation by the Governor, the Illinois House voted 113–0 to begin impeachment proceedings. This was the first impeachment inquiry against an Illinois Governor. Also on December 15, Illinois House Speaker Madigan formed a bipartisan committee of inquiry within the House of Representatives.

Madigan further stated, "We have given the governor six days to resign." He also stated that the committee would work every day except Christmas Eve
Christmas Eve
Christmas Eve refers to the evening or entire day preceding Christmas Day, a widely celebrated festival commemorating the birth of Jesus of Nazareth that takes place on December 25...

, Christmas Day
Christmas
Christmas or Christmas Day is an annual holiday generally celebrated on December 25 by billions of people around the world. It is a Christian feast that commemorates the birth of Jesus Christ, liturgically closing the Advent season and initiating the season of Christmastide, which lasts twelve days...

, New Year's Eve
New Year's Eve
New Year's Eve is observed annually on December 31, the final day of any given year in the Gregorian calendar. In modern societies, New Year's Eve is often celebrated at social gatherings, during which participants dance, eat, consume alcoholic beverages, and watch or light fireworks to mark the...

, and New Year's Day
New Year's Day
New Year's Day is observed on January 1, the first day of the year on the modern Gregorian calendar as well as the Julian calendar used in ancient Rome...

 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. Illinois House Majority Leader Barbara Flynn Currie
Barbara Flynn Currie
Barbara Flynn Currie is a Democratic member of the Illinois House of Representatives, representing the 25th District since 1979.- Political career :...

 was the chairperson of the Special Committee on Impeachment.

Madigan stated 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. 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
Pilgrim Baptist Church
Pilgrim Baptist Church is an historic church located on the south side of Chicago, Illinois, USA. The landmarked building was originally constructed for a synagogue, K.A.M. Isaiah Israel Temple. The church is notable both as an architectural landmark and for the cultural contributions by the...

 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. On December 30, Fitzgerald filed a motion to allow the impeachment committee to hear the conversations recorded by wiretap during his federal investigation.

Impeachment vote and trial

On January 8, after the testimony by Roland Burris, the 21-member bipartisan committee on impeachment voted unanimously to recommend that the House impeach the Governor. The following day, the full House voted 114–1 to impeach the governor; the lone dissenter was Chicago-area Representative Milton Patterson
Milton Patterson
Milton "Milt" Patterson is a former two-term Democratic member of the Illinois House of Representatives, representing the 32nd District on the southwest side of Chicago from 2008 until 2009...

. After the Illinois House impeached Blagojevich, the Illinois Senate held a trial at which Illinois Supreme Court
Supreme Court of Illinois
The Supreme Court of Illinois is the state supreme court of Illinois. The court's authority is granted in Article VI of the current Illinois Constitution, which provides for seven justices elected from the five appellate judicial districts of the state: Three justices from the First District and...

 Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...

 Thomas Fitzgerald
Thomas R. Fitzgerald
Thomas R. Fitzgerald is the former chief justice of the Illinois Supreme Court.-Biography:Born in Chicago, Fitzgerald attended Loyola University Chicago before enlisting in the United States Navy...

 presided. Under the Illinois Constitution
Illinois Constitution
The Constitution of the State of Illinois is the governing document of the state of Illinois. There have been four Illinois Constitutions; the fourth and current version was adopted in 1970.-History:...

, it was Fitzgerald's duty, rather than Senate President's, because the accused was the governor.

Blagojevich was the sixteenth governor in the United States and the first Illinois governor to be impeached. Seven of the fifteen impeached governors were removed from office.

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. 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.


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
Sister-in-law
A sister-in-law is the sister of one's spouse, the wife of one's sibling, or sometimes the wife of one's spouse's sibling...

 Deborah Mell dissenting.

The impeachment trial in the Illinois State Senate began on January 26, 2009. Blagojevich boycotted attending his own hearings, referring to them as a kangaroo court
Kangaroo court
A kangaroo court is "a mock court in which the principles of law and justice are disregarded or perverted".The outcome of a trial by kangaroo court is essentially determined in advance, usually for the purpose of ensuring conviction, either by going through the motions of manipulated procedure or...

. Neither the governor nor his lawyer was present in Springfield, Illinois
Springfield, Illinois
Springfield is the third and current capital of the US state of Illinois and the county seat of Sangamon County with a population of 117,400 , making it the sixth most populated city in the state and the second most populated Illinois city outside of the Chicago Metropolitan Area...

 on the first day of the trial. Blagojevich spent the day in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...

 making media appearances on a myriad of shows including Good Morning America
Good Morning America
Good Morning America is an American morning news and talk show that is broadcast on the ABC television network; it debuted on November 3, 1975. The weekday program airs for two hours; a third hour aired between 2007 and 2008 exclusively on ABC News Now...

and The View. In his absence, a "not guilty" plea was automatically entered on his behalf. On the same day, in a cable television
Cable television
Cable television is a system of providing television programs to consumers via radio frequency signals transmitted to televisions through coaxial cables or digital light pulses through fixed optical fibers located on the subscriber's property, much like the over-the-air method used in traditional...

 news interview with Geraldo Rivera
Geraldo Rivera
Geraldo Rivera is an American attorney, journalist, author, reporter, and former talk show host...

, Blagojevich derided the whole process. Lead attorney Ed Genson
Ed Genson
Edward M. Genson is a Chicago attorney who has represented high profile defendants such as former Republic Windows CEO Richard Gillman, musician R. Kelly, newspaper owner Conrad Black, and Illinois Governor Rod Blagojevich.-Early life:...

 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." 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
The Early Show
The Early Show is an American television morning news talk show broadcast by CBS from New York City. The program airs live from 7 to 9 a.m. Eastern Time Monday through Friday; most affiliates in the Central, Mountain, and Pacific time zones air the show on tape-delay from 7 to 9 a.m. local time. ...

, and The Associated Press. Blagojevich insisted that unlike Richard Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...

 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.

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." Daniel Cain, a Federal Bureau of Investigation
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...

 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.

On January 28, Blagojevich requested the opportunity to deliver his own closing arguments, although he would not testify
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...

 or submit himself to cross-examination
Cross-examination
In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination and may be followed by a redirect .- Variations by Jurisdiction :In...

. The Senate allowed Blagojevich to file an appearance late, enabling him to make a 90-minute closing argument.

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). The prosecution then made a 12-minute rebuttal. 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.

After a recess, the Senate debated the vote on the article of impeachment. Under the Illinois Constitution, a two-thirds majority, or 41 votes, was required to convict him on the article of impeachment. After several hours of deliberations, Rod Blagojevich was convicted and removed from office by a vote of 59–0. He was also barred from holding further office in Illinois by a second vote of 59–0. Shortly after the vote, the lieutenant governor, Pat Quinn
Pat Quinn (politician)
Patrick Joseph "Pat" Quinn III is the 41st and current Governor of Illinois. He is a member of the Democratic Party. Previously elected three times to statewide office, Quinn was the sitting lieutenant governor and became governor on January 29, 2009, when the previous governor, Rod Blagojevich,...

 was sworn in as the new Governor. Although he is disqualified to run for any Government of Illinois
Government of Illinois
The state government of Illinois is modeled after the federal government with adaptations originating from traditions cultivated during the state's frontier era. The capital city of Illinois is Springfield. Under the Constitution of 1970, there are three branches of government: executive,...

 office, he is eligible to run for federal office such as his old congressional seat.

Placeholder names in the complaint

Placeholder Names
Senate Candidate 1 Valerie Jarrett
Valerie Jarrett
Valerie Bowman Jarrett is a senior advisor and assistant to the president for Public Engagement and Intergovernmental Affairs for the Obama administration. She is a Chicago lawyer, businesswoman, and civic leader...


(probably)
Senate Candidate 2 Lisa Madigan
Lisa Madigan
Lisa Madigan has been the 41st Attorney General of the US state of Illinois since 2003, when she became the first female attorney general for Illinois...


(confirmed)
Senate Candidate 3 Jan Schakowsky
Jan Schakowsky
Janice D. "Jan" Schakowsky is the U.S. Representative for , serving since 1999. She is a member of the Democratic Party.The district includes many of Chicago's northern suburbs, including Evanston, Skokie, Wilmette, Park Ridge, Des Plaines and Rosemont...


(speculation)
Senate Candidate 4 Louanner Peters
Louanner Peters
Louanner Peters is a former deputy governor of Illinois. She was appointed by Rod Blagojevich in December 2006, becoming the first African-American woman to hold the position.Peters grew up on a farm in Angie, Louisiana, and was the ninth of twelve children...


(probably)
Senate Candidate 5 Jesse Jackson, Jr.
Jesse Jackson, Jr.
Jesse Louis Jackson, Jr. is the U.S. Representative for , serving since the special election in 1995. He is a member of the Democratic Party....


(confirmed)
Senate Candidate 6 J.B. Pritzker
J.B. Pritzker
Jay Robert Pritzker is a venture capitalist, entrepreneur, philanthropist and private business investor in the United States...


(speculation)
President-elect Advisor Rahm Emanuel
Rahm Emanuel
Rahm Israel Emanuel is an American politician and the 55th and current Mayor of Chicago. He was formerly White House Chief of Staff to President Barack Obama...


(probably)
Deputy Governor A Bob Greenlee
(probably)
Individual A John Wyma
(probably)
Fundraiser A Rob Blagojevich
(confirmed)
Lobbyist 1 Lon Monk
(probably)
Contributor 1 John Johnston
(confirmed)
Adviser B
Individual D Raghuveer P. Nayak
(confirmed)

During the federal investigation leading up to the arrest, the Federal Bureau of Investigation
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...

 used wire taps at both the Governor's campaign offices and his home phone.

Rather than identifying subject individuals by name, the FBI sworn affidavit
Affidavit
An affidavit is a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. Such statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public...

 used aliases to refer to people not necessarily accused of any crimes including the six people Blagojevich was considering appointing to the Senate seat vacated by Barack Obama.

The affidavit said that a representative of Senate Candidate 5 had proposed having the candidate raise up to $1 million for Blagojevich's campaign in exchange for being appointed to the Senate.

ABC News reported that federal law enforcement officials identified Jesse Jackson, Jr.
Jesse Jackson, Jr.
Jesse Louis Jackson, Jr. is the U.S. Representative for , serving since the special election in 1995. He is a member of the Democratic Party....

 as Senate Candidate 5. Jackson, who was asked for an interview by federal agents, denied that anyone on his behalf had offered anything for the Senate seat. Jackson claimed not to be a target of an investigation, but admitted to being questioned. Also WLS-TV
WLS-TV
WLS-TV, virtual channel 7, is an owned-and-operated television station of the Walt Disney Company-owned American Broadcasting Company, located in Chicago, Illinois, USA. The station operates their full power digital operations on UHF channel 44, with their digital fill-in translator on VHF channel...

 reported December 15 that Jackson notified investigators that Blagojevich refused to appoint Jackson's wife, Sandi
Sandi Jackson
Sandra Lee "Sandi" Jackson , , was elected to the Chicago City Council as an alderman of the 7th ward of the City of Chicago in the 2007 municipal elections held on February 27, 2007. She succeeds Darcel A. Beavers who had been appointed by Chicago Mayor Richard M...

, as state lottery director because Jackson refused to donate $25,000 to the governor's campaign fund.

The affidavit says that Blagojevich knew "that the President-elect want[ed] Senate Candidate 1 for the Senate seat," but Blagojevich was upset that "they're not willing to give me anything except appreciation, so fuck them". The Washington Post identified Senate Candidate 1 as Valerie Jarrett
Valerie Jarrett
Valerie Bowman Jarrett is a senior advisor and assistant to the president for Public Engagement and Intergovernmental Affairs for the Obama administration. She is a Chicago lawyer, businesswoman, and civic leader...

.

Other prospects for the Senate seat, including Rep. Danny Davis
Danny K. Davis
For other persons named Danny Davis, please see Daniel Davis .Daniel K. Davis is the U.S. Representative for , serving since 1997. He is a member of the Democratic Party.-Early life, education and career:...

 and Illinois Attorney General Lisa Madigan
Lisa Madigan
Lisa Madigan has been the 41st Attorney General of the US state of Illinois since 2003, when she became the first female attorney general for Illinois...

, said that they had not been contacted by federal authorities. Madigan confirmed that she is Senate Candidate 2 in the indictment. An anonymous source described Louanner Peters
Louanner Peters
Louanner Peters is a former deputy governor of Illinois. She was appointed by Rod Blagojevich in December 2006, becoming the first African-American woman to hold the position.Peters grew up on a farm in Angie, Louisiana, and was the ninth of twelve children...

 as being Senate Candidate 4.

On December 10, 2008, Illinois Deputy Governor Bob Greenlee resigned, with his lawyer saying the reason for the resignation should be obvious. Reportedly, Greenlee was the colleague who advised Blagojevich to pursue the cabinet
United States Cabinet
The Cabinet of the United States is composed of the most senior appointed officers of the executive branch of the federal government of the United States, which are generally the heads of the federal executive departments...

 position of Secretary of Energy
United States Secretary of Energy
The United States Secretary of Energy is the head of the United States Department of Energy, a member of the President's Cabinet, and fifteenth in the presidential line of succession. The position was formed on October 1, 1977 with the creation of the Department of Energy when President Jimmy...

 because it was the one that "makes the most money." Deputy Governor A is also named as the person who supposedly attempted to coerce the Chicago Tribune on Blagojevich's behalf. Schakowsky, Luis Gutierrez
Luis Gutiérrez
Luis Vicente Gutiérrez is an American politician and the U.S. Representative for , serving since 1993. Gutiérrez was the first Latino to be elected to Congress from the Midwest. From 1986 until his election to Congress he served as a member of the Chicago City Council representing the 26th ward...

, Jones. and Illinois Department of Veterans Affairs Director Tammy Duckworth
Tammy Duckworth
Ladda Tammy Duckworth was formerly Assistant Secretary for Public and Intergovernmental Affairs in the United States Department of Veterans Affairs, and formerly the director of the Illinois Department of Veterans Affairs. Duckworth is an Iraq War veteran and former U.S...

 were also reportedly under consideration.

The 76-page FBI affidavit included extensive detail of various acts by the governor including a November 10 call between Blagojevich, Harris, his wife, and a group of advisers in which Harris had formulated an agreement with the Service Employees International Union
Service Employees International Union
Service Employees International Union is a labor union representing about 1.8 million workers in over 100 occupations in the United States , and Canada...

. Harris proposed that Blagojevich would appoint a new senator who would be helpful to the president in exchange for a job as head of the union-formed group Change to Win. The union would receive an unspecified favor from Obama later under the plan.

Federal grand jury indictment

On April 2, 2009, a federal grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...

 issued a 19 count indictment; 16 of which named Rod Blagojevich, including racketeering conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...

, wire fraud
Wire fraud
Mail and wire fraud is a federal crime in the United States. Together, 18 U.S.C. §§ 1341, 1343, and 1346 reach any fraudulent scheme or artifice to intentionally deprive another of property or honest services with a nexus to mail or wire communication....

, extortion
Extortion
Extortion is a criminal offence which occurs when a person unlawfully obtains either money, property or services from a person, entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime...

 conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...

, attempt
Attempt
Attempt was originally an offence under the common law of England.Attempt crimes are crimes where the defendant's actions have the form of the actual enaction of the crime itself: the actions must go beyond mere preparation....

ed extortion
Extortion
Extortion is a criminal offence which occurs when a person unlawfully obtains either money, property or services from a person, entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime...

, and making false statements to federal agents. Prosecutors amended the indictment on February 4, 2010 in anticipation of a U.S. Supreme Court ruling on the so-called "Honest Services" law.

Four of his closest advisors were also indicted on various crimes:
  • Robert Blagojevich, the ex-governor's brother (UPDATE: All charges against Robert Blagojevich were dropped in August 2010 following his brother's mistrial on 23 of 24 counts )
  • John Harris
    John F. Harris (Illinois)
    John F. Harris is the former Chief of Staff to the Governor of Illinois, Rod Blagojevich. He resigned in December 2008 after being charged, along with Blagojevich, with wire fraud.-Biography:...

    , former chief of staff
  • Alonzo Monk, another former chief of staff
  • Christopher G. Kelly, a Springfield businessman (UPDATE: Died on September 12, 2009 after having pled guilty, three days before he was to begin his prison sentence )


If convicted, the former governor faced up to 20 years in prison on the most serious counts. On July 27, 2010, the final arguments concluded, 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
James Zagel
James Block Zagel is a United States district judge for the United States District Court for the Northern District of Illinois and a novelist.- Early life and education :...

 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
Hung jury
A hung jury or deadlocked jury is a jury that cannot, by the required voting threshold, agree upon a verdict after an extended period of deliberation and is unable to change its votes due to severe differences of opinion.- England and Wales :...

) on at least some, if not all, the counts.

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 has been clarified and resolved.

Response

The ex-governor and his family learned of the indictment while they were vacationing in Florida, near Disney World. 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."

Blagojevich's successor, Gov. Pat Quinn
Pat Quinn (politician)
Patrick Joseph "Pat" Quinn III is the 41st and current Governor of Illinois. He is a member of the Democratic Party. Previously elected three times to statewide office, Quinn was the sitting lieutenant governor and became governor on January 29, 2009, when the previous governor, Rod Blagojevich,...

 responded, "The events of Dec. 9th 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."

A Reform Commission headed by Patrick M. Collins
Patrick M. Collins
Patrick M. Collins , is an American lawyer. Collins is a partner in Perkins Coie's LLP's litigation practice. Previously, he worked for the United States Department of Justice as an assistant U.S. Attorney. In 2005, he led the U.S. government's team in the trial and conviction of former Illinois...

 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. Proposed changes include campaign contribution limits and term limits for state legislative leaders. However House Speaker Michael Madigan and Senate president John Cullerton have not supported the reform Commission's proposals.

Conviction

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
Hung jury
A hung jury or deadlocked jury is a jury that cannot, by the required voting threshold, agree upon a verdict after an extended period of deliberation and is unable to change its votes due to severe differences of opinion.- England and Wales :...

. Prosecutors pledged to retry the case as soon as possible. The four charges against Robert Blagojevich were dismissed. 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. He was found not guilty of bribery related to a fundraising shakedown of a road-building executive. The jury deadlocked on one count related to the road builder another related to a 2006 fundraising pay-to-play involving then-U.S. Rep. Rahm Emanuel, now Chicago Mayor. 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. The verdict follows the conviction of his gubernatorial predecessor five years earlier.

External links

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