Honest Services and the Blagojevich Trial

Cross-posted from ICPR's blog, The Race is On:

In a case brought by former Enron CEO Jeffrey Skilling, the US Supreme Courttoday limited the scope of the so-called "Honest Services" law, finding that the law should apply only in cases of bribery and kickbacks and is not suited for the case against Skilling.

Here in Illinois, most will ask how the ruling may affect the case against former Gov. Rod Blagojevich. We note that the indictment against the ex-governor was already revised to minimize its reliance on the Honest Services law. Even if the Honest Services law had been wiped out entirely, most of the charges against the ex-governor would survive.

Testimony in the trial to date certainly makes it appear that Rod Blagojevich saw public office as a tool for forcing payments to benefit himself. Whether the subject was the issuance of state grants, the signing of legislation, or even the filling of the US Senate seat, Rod Blagojevich approached his public duties with both eyes focused on what he could get for himself -- a job, a campaign contribution, a personal benefit.

We hope the trial will continue, and that justice will be done. The people of Illinois have endured an impeachment and removal from office; we have seen our state's reputation dragged through the mud. Politicians, like everyone else should be held accountable for their criminal actions. The trial must proceed. Justice is served by having the trial continue.

The ruling is available here.

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Fabricating Connections with Rod

You can't blame Republicans for trying. After all, Democrats would do the same thing. But, still, I had to chuckle at this item in the Hotline On Call blog from the National Journal:

RGA Ties Quinn To Blago

The GOP's biggest asset in their race to oust IL Gov. Pat Quinn (D) isn't the Dem or his GOP rival. It's Quinn's predecessor, ex-Gov. Rod Blagojevich (D).

Now, as Blagojevich's corruption trial kicks off in Chicago, the RGA is running ads linking the 2 governors, even though Quinn supported Blagojevich's impeachment last year.

You would think that, after all the controversies surrounding politicians fabricating their resumes, politicians would be more circumspect about fabricating connections between other politicians. The lesson from the resume-inflation scandal should be relatively simple: voters don't like being lied to.

So why lie here?

Anyone who has met Blagojevich or paid attention to Illinois politics over the last decade will realize that there isn't a lot to connect Rod Blagojevich with Pat Quinn -- or any other politician in the state. There were no "Blagojevich Democrats," as it were -- unless you want to count Capitol Fax Bill, the former governor's most loyal defender through it all.

And that's the way Blagojevich wanted it. The most outgoing of pols (Blagojevich couldn't pass up a hand to shack, even if you didn't want your hand shaken), he was the most introverted -- or, rather, isolated -- governor possible. People in southern Illinois may have complained about the (then) governor not spending any time in the Governor's Mansion, but everyone in Illinois had a right to complain about Blagojevich not spending much time in the Governor's office at the Thompson center.

And when he did come downtown, it seems like he had the whole building blocked off (presumably for his convenience, but Blagojevich also seemed to like the whole security detail aspect of it, which I assume fed his ego). Blagojevich claimed to have worked mostly out of his house (perhaps an imitation of his ambition to work out of the White House), and he intentionally kept the other Constitutional officers at arms length. Blagojevich was much more likely to take pot shots at his fellow elected officials (including Pat Quinn) through the press than talk to them on the phone, let alone face to face. Even in joint appearances, Blagojevich tended to be in and out, and it's safe to say that he spent little time with other politicians in Illinois.

So Republicans are largely reduced to inventing connections between Rod Blagojevich and other Illinois pols (Democrats or Republicans). Which is why the Rod Blajojevich effect on this November's elections is not likely to be that substantial.

Sure, Rod Blagojevich was corrupt. But this is Illinois, and corruption is not only a bipartisan endeavour, it is also largely ignored by the electorate. Don't get me wrong, it is shocking the level to which corruption is tolerated by people in the state. And there's not much to lead one to think that 2010 will be any different. Especially given the fact that the Republican candidate for Governor, Bill Brady, has already used his legislative position for personal gain -- something that hasn't exactly created an uproar around the state (or the Republican party).

But the Democrat's best defense in light of the onslaught coming during the Blagojevich trial is that no one was out there defending the governor when he was under fire by federal prosecutors. You won't find Democrats saying that it was a witch hunt, or that the (then) Governor was being rail roaded by those mean Federal prosecutors. Nor will you find Democratic legislators talking about voting to impeach Blagojevich as a "difficult decision," "tough vote" or even something they had to think long and hard about. Nope. I heard one longtime legislator call it "the proudest vote" he'd ever taken.

So the best Republicans have is innuendo, the inference from photoshopped images that suggest some form of connection.

I know this is contrary to conventional wisdom, but it's hard to see Blagojevich effecting Democratic prospects this November. Blagojevich did this himself, isolating himself from the rest of the party, carrying on his "imperial" governorship, whining constantly about the lack of respect he got from other party leaders -- which seemed to only isolate him even more.

Come what may, Democrats built their organizations, their loyalties, their relationships independent of Rod Blagojevich. And broadcast images won't change that. If Democrats do poorly in November, it won't have anything to do with Rod Blagojevich. And if Democrats do better than expected, it won't have anything to do with Rod Blagojevich. It's not the rest of the party that isolated itself from Rod Blagojevich, but the former governor who isolated himself from the rest of the party. Voters may be mad, voters may even be disgusted by the rather despicable budget quandry that Blagojevich left as his primary legacy, but the Blagojevich trial won't be the straw that broke the voter's back. And the voters who do come out and vote this November aren't as likely to be the low-info voters that could be more easily persuaded by these Republican tactics.

Blagojevich dug his own grave. He won't be taking Illinois Democrats with him, because he didn't have much to do with Illinois' Democrats. This is the pol that seemed to want to circumvent the party and take everything "directly to the people." Which doesn't mean that Illinois' Democrats have an easy path before them. They just don't have the Blagojevich albatross dragging them down. Blagojevich won two primaries and two elections, but he didn't take over the party. This election will be fought over the state of the economy and how well the recovery is creating jobs in Illinois. I don't think either party can (credibly) promise to end corruption in the state, but voters might be interested in which one can (credibly) return Illinois to a predictable, stable job-creating environment...

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Matteson Moves in Wrong Direction

The SouthtownStar reports that the wife of Matteson Mayor Andre Ashmore has been promoted and given a raise by the village of Matteson.

The mayor claims that "We have nothing to hide," but this promotion of a spouse is still an embarrassment for Matteson and the South Suburbs. It signals that politics as usual is still alive and casts a pall over Ashmore's leadership. This single act demonstrates that the corrosive system of patronage and reserving jobs for family members has spread from Chicago, infecting the Southland and poisoning our politics.

Mayor Ashmore hints that his wife is qualified "and maintained he had nothing to do with his wife landing a new job." Even if this was true, it's hardly a credible claim.

So why even try to make it?

Giving a job to your spouse is never going to look legitimate. Especially not in Illinois. Toni Ashmore will forever be tainted as the woman whose husband is the mayor. And she will have to live with the whispers that, if not for her husband, she wouldn't have gotten the job. Regardless of how talented or deserving she is.

Ethics are not the standards we have in good times, but the standards we hold unto when we are tested. Both Toni and Andre have been tested here, and they have come up short. Both have exhibited a lack of sound political judgment. Both have settled for the decaying political culture that has driven Illinois to the depths where we currently reside.

The Ashmore example stands in stark contrast to the example provided by President Barack Obama. Obama's message of change is being translated into moving the country forward. Ashmore's message of nepotism harkens back to the old corrupt system of patronage that has basically ruined Illinois. And it tells us that the connection between Rod Blagojevich and the Ashmores is stronger than we realized.

This is no small matter. Trying to bring good, honest government to the South Suburbs will undoubtedly be difficult. And we have to keep our eyes upon the fresh young faces that emerge, looking for evidence that this is their intention. It appears that Mayor Ashmore is looking more to Mayor Daley as a model than to Barack Obama. And that's a shame...

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Burris: No longer in the running

By Bethany Jaeger
No Lisa Madigan. No Roland Burris. The race to be the next U.S. senator from Illinois just narrowed to a more classic competition. The seat has gained national attention for its previous occupant, President Barack Obama.

Madigan, the Illinois attorney general, announced yesterday and Burris announced today that they opted not run in 2010.

“It’s an open seat, and the focus is more going to be more on national issues than would have been the case if Burris were running or if Lisa Madigan essentially would have cleared the field,” said Kent Redfield, political scientist at the University of Illinois at Springfield.

If Madigan would have run, Redfield said she would have been the Democrats’ strongest candidate. “Her not running is a minus for the Democrats, but Burris not running is certainly a plus. There’s no question about that.”


Burris never shed the cloud that hovered over his appointment by former Gov. Rod Blagojevich. The then-governor had just been arrested on federal corruption charges, accused of trying to personally profit from his powers to appoint the state’s next senator. Early polling of 644 likely voters showed that just 5.3 percent of respondents supported Burris as a candidate for a full term. Numerous Illinois officials, including U.S. Sen. Dick Durbin and then-Lt. Gov. Pat Quinn, urged Burris step down. Burris wouldn’t budge. His ambitious style came through in, "Always in the running," our profile of him in Illinois Issues magazine.

Burris said today during a Chicago news conference that fundraising had a lot to do with his decision not to run in 2010. Here’s an excerpt of his announcement:

Life is about choices. Make no mistake, I love serving in the United States Senate. I love serving the people of Illinois, make no mistake.

I’m the only African-American serving in the Senate, and I believe that diversity and representation of all segments of our society is essential to who we are as a nation.

The reality of being a U.S. senator today [is that it] requires not only a significant time commitment to performing the job, but an almost equal commitment to raising funds to run competitively for the office.

Political races have become far too expensive in this country.

I was called to choose between spending my time raising funds or spending my time raising issues for my state. The people … should always come first.

The chronicles of Burris’ statements about whether he spoke to Blagojevich, Blagojevich’s brother or Blagojevich’s inner circle was the never-ending story. First he testified to an Illinois House committee that was investigating cause for the governor's impeachment. He said he only spoke with Lon Monk, Blagojevich’s former chief of staff. Then Burris revealed in a follow-up affidavit that he also spoke with the governor’s brother, as well as three insiders: Doug Scofield, John Wyma and former Deputy Gov. John Harris, who just pleaded guilty to wire fraud in the ongoing Blagojevich corruption case.

Burris most recently avoided perjury charges in Sangamon County, where State’s Attorney John Schmidt said Burris’s statements might have been vague, but there’s no proof that he intentionally mislead the Illinois House committee. Burris still faces a probe by the U.S. Senate.

His bow out of the 2010 election eliminated an easy target for the GOP, Redfield said. “It kind of takes Burris and Blagojevich out of the Senate race.”

Now, likely candidates are taking shape. On the Democratic side, they include state Treasurer Alexi Giannoulias. Redfield says he has the advantage of being the only candidate so far who has run a statewide race before. He also has a significant campaign kitty, with reportedly more than $1 million raised for his potential Senate bid. Two candidates with less name recognition include Cheryle Jackson, chief executive officer of the Chicago Urban League, and Chris Kennedy, head of Chicago’s Merchandise Mart and son of the late U.S. Sen. Robert F. Kennedy. Redfield said Jackson also could have a slight disadvantage by being tied to Blagojevich. She was his communications director during his first term.

On the Republican side, U.S. Rep. Mark Kirk of Hinsdale has been reported as set to run for the Senate seat. Redfield said he brings his national experience to the table, but as a moderate Republican, he would have to work to gain the moderate and independent vote. Andy McKenna, chairman of the Illinois Republican Party and businessman, also has reportedly discussed the idea. He lost his 2006 bid.

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3,000 jobs at stake

By Bethany Jaeger, with Jamey Dunn contributing
House Speaker Michael Madigan wants the “fumigation” of state government to move faster than it has since Gov. Pat Quinn replaced impeached Gov. Rod Blagojevich. The speaker introduced legislation that would force Quinn to assess about 3,000 high-level state employees that had been hired or appointed by Blagojevich and his predecessor, imprisoned Gov. George Ryan.

“I’m not satisfied with the pace of change,” Madigan said during a Statehouse news conference today. “I think that we have to move faster, we have to move more dramatically.”




The concept has support from Quinn and Senate President John Cullerton, according to his spokeswoman, Rikeesha Phelon.

In fact, Quinn said he thinks it’s a good idea and that he expects it to pass. “It actually helps the process. I think it helps us to take boards and commissions where individuals are appointed to set terms that may not expire for years to come and give me an opportunity to evaluate those people who are appointed either by Rod Blagojevich or George Ryan, both of whom are under clouds of doubt.”

Quinn would have 60 days to reevaluate whether he wanted to retain state agency directors, their top assistants or board members or commissioners appointed by Ryan or Blagojevich. Quinn would be able to reappoint people he thought were doing a good job, but they would have to win Senate confirmation again. Employees also would be able to reapply for their positions.

Madigan said the action is not intended to impugn the integrity or the work habits of people who are doing a good job, but it is intended to be “rather dramatic.” “It clearly will be the type of fumigation of the Ryan and Blagojevich appointments that I think the people of the state of Illinois are demanding so that we can move away from the scandals of the past.”

About 90 of about 276 of the state’s boards and commissions would be affected. They include everything from the Abraham Lincoln Presidential Library and Museum to universities' boards of trustees. Those not affected would include state employees who cannot be fired because of their political affiliations (based on the so-called Rutan provision from a 1990 Illinois Supreme Court decision).

A high-profile position affected by the proposal would include Ginger Ostro, director of the governor’s budget office under Blagojevich and, now, Quinn. Someone not affected would be Jack Lavin, Blagojevich’s director of the economic development agency, the Department of Commerce and Economic Opportunity. Quinn appointed Lavin his chief operating officer, responsible for coordinating the state’s capture and use of federal stimulus funds. Also not affected by the legislation for now would be John Filan, Blagojevich’s former budget director and former chief operating officer. He currently serves as executive director the Illinois Finance Authority, created in 2004 by Blagojevich.

Although Filan would not be affected by his bill, Madigan said, “I’d like to come back at a later date on that.”

The bill would potentially fire two senior staff members of the Health Facilities Planning Board, Jeffrey Mark and David Carvalho, whom we wrote about earlier this week. Democrats defended the two employees, while House Minority Leader Tom Cross urged the need to fire them because they served before, during and after Blagojevich insiders corrupted the board. Cross tried in vain yesterday to advance his own legislation that would fire them.

Senate Minority Leader Christine Radogno added, “It makes sense to take a look at people that were here during the times when we have had unprecedented problems.”

Madigan said he intends to advance the legislation next week. Lawmakers return May 12, which starts the end-of-session rush to approve major budget and ethics initiatives by May 31.

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Pat Quinn Brings Freedom of Information Requests into 21st Century

by Cal Skinner

I've been filing Freedom of Information requests with state agencies for years.

They always wanted pieces of paper. Sometimes a Fax would do; sometimes they insisted I mail a hard copy.

Now comes information that Governor Pat Quinn is directing all agencies under his jurisdiction to accept FOI requests by email, just like McHenry County College did (!) yesterday.

Imagine, state government recognizing that modes of communication have changed.

The Post Office has certainly figured that out.

Also annoying was the excessive cost charged by agencies like the Illinois Department of Revenue.

A year ago, Governor Rod Blagojevich's Revenue Department folks wanted to charge me 50 cents a page.

How one could justify a cost of more than a dime a page is beyond me.

I understand the Quinn Administration is also in the process of bring down the cost to some more or less reasonable level.

Ready for that, Revenue Department?

= = = = =
McHenry County College would not release the heavily redacted biography of BMB Communications Management's John Maguire. His company is the one that wants to build the highest (1,500 foot) free standing broadcast tower in the country in Crystal Lake.Pat Quinn Brings Freedom of Information Requests into 21st Century.

Posted first on McHenry County Blog, of course.

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Blagojevich Editorial Cartoons

by Cal Skinner

Maybe now that Judge James Zagel has ruled that former Governor Rod Blagojevich may not go to Costa Rica to participate in an NBC-TV reality show, maybe the desert island ridicule of him will shift to other aspects of the farce we are watching.

But, before the ruling Chicago Sun-Times editorial cartoonist Jack Higgins came up with a “What might have been.”

He has Zagel giving Blagojevich a choice of sitting in a room with U.S. Attorney Patrick Fitzgerald “with only the aid of a court-appointed attorney” or “spending a week on a desert island with two hungry cannibals.”

“Heh-heh. That's an easy one!” the coiffured one replies.

The bottom part of the three-paneled cartoon shows the sun setting over the ocean with a one palm three island being circled by sharks.

Two men are fighting over a long bone.

“HEY –
LEGGO
MY
BLAGO!”

one says to the other.

Have you seen these other cartoon depictions:

• dancing behind bars
• on the island
• on the bus
• the chicken
• under the Burris cloud
• half of a two-headed chicken
• with a barrel of money
• the clown
• bandaged

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Prosecutors target “Blagojevich Enterprise” - UPDATED

By Bethany Jaeger, with Hilary Russell and Jamey Dunn contributing
Today’s 75-page federal indictment of former Gov. Rod Blagojevich and five members of his inner circle details an extensive and long-term scheme that allegedly began in 2002, before Blagojevich took his oath of office in January 2003.


U.S. Attorney Patrick Fitzgerald’s office is now going after what’s described as the “Blagojevich Enterprise,” which includes the office of the governor and Blagojevich’s campaign fund, Friends of Blagojevich. The entity, the feds allege, primarily existed to “exercise and preserve power over Illinois government for the financial and political benefit of Blagojevich,” as well as his family members and friends.

Read the U.S. attorney's press release here. A fact sheet is here. More context and online sources of how we got here at Illinois Issues magazine.

Blagojevich and his associates allegedly conducted a pattern of dishonest behavior designed to enrich themselves, which would violate the federal Racketeer Influenced and Corrupt Organizations Act, or RICO, according to Andrew Leipold, a law professor with the University of Illinois’ Institute of Government and Public Affairs.

Blagojevich is charged with 16 counts of federal corruption, including racketeering conspiracy, wire fraud, extortion conspiracy and attempted extortion. They each carry a maximum sentence of 20 years in prison and a $250,000 fine. He also allegedly lied to the FBI, a crime carrying a maximum five-year prison sentence and another $250,000 fine. In addition to the allegations already documented in the criminal affidavit filed with his arrest Dec. 9, 2008, today’s indictment includes new details and allegations.

Who
The indictment reads less like alphabet soup because federal prosecutors in the Northern District of Illinois have identified and, in some cases, convicted individuals as part of the ongoing probe called Operation Board Games. Joining Blagojevich in the indictment include five others:

• His brother, Rob Blagojevich of Nashville, Tenn., who chaired his campaign fund since August 2008.
• John Harris of Chicago, Blagojevich’s chief of staff from late 2005 until last December, when he was arrested with Blagojevich.
• Alonzo “Lon” Monk of Park Ridge, a lobbyist and longtime Blagojevich insider and campaign manager, as well as Blagojevich’s first chief of staff upon becoming governor in 2003.
• Christopher Kelly of Burr Ridge, a Blagojevich fundraiser and previous chair of Blagojevich’s campaign fund.
• William “Bill” Cellini of Springfield, director of the Illinois Asphalt Pavement Association, who raised money for Blagojevich and allegedly influenced officials of the Teachers’ Retirement System. He also was associated with Commonwealth Realty Advisors, a real estate management firm that invested hundreds of millions of dollars on behalf of TRS. He was indicted in October 2008 for “allegedly conspiring with others to obtain campaign funds for Blagojevich by shaking down an investment firm seeking a $220 million allocation from TRS.” This replaces that indictment.

What
Before Blagojevich even became governor, he, along with Monk, Kelly and Tony Rezko, allegedly started scheming to use the governor’s office for financial gain that would be split among them once Blagojevich left office. Blagojevich allegedly let Kelly and Rezko exercise significant influence over state government operations, and they, in turn, allegedly generated millions of dollars for Blagojevich’s campaign fund and “provided financial benefits directly to Blagojevich and his family.” For instance, one part of the scheme allegedly included Rezko's real estate business paying Patti Blagojevich, the then-governor's wife, $12,000 a month, as well as another $40,000 in commission, "even though she had done little or no work," according to the indictment.

The indictment also alleges that Blagojevich had control of his campaign fund at all times, even as the chairmen of the fund changed.

UPDATED: Some more highlights of the details:

• Before Blagojevich became governor, he, along with Monk, Kelly and Rezko, allegedly started scheming to use the governor’s office for financial gain that would be split among them once Blagojevich left office.
• Blagojevich, Monk, Kelly and Rezko allegedly agreed to use Blagojevich’s and Monk’s offices to divide financial gain among themselves, including the kickback from the Pension Obligation Bond refinancing in 2003.
• The feds say Blagojevich lied to FBI agents on March16, 2005, when he said he kept state government and politics separate and didn't want to know who contributed money to his campaign.
• From 2004 to 2006, Rezko allegedly gave Monk between $70,000 and $90,000.
• Last year, Blagojevich allegedly directed Harris to find him a paid position at various state boards, and when that didn’t work, he directed Harris to connect his wife with financial institutions. When that failed, Blagojvich directed that those institutions to no longer get state business, according to the indictment.
  

The federal prosecutors are seeking the forfeiture of all funds and assets held at four banks in the name of Friends of Blagojevich, although the campaign fund is not a defendant. Fitzgerald's office also seeks $188,370 from Blagojevich as proceeds of the alleged scheme and racketeering activity. The indictment lists Blagojevich’s apartment and Chicago home as “substitute assets.”

Now what?
The indictment comes after more than a month of public hearings conducted by two panels, one appointed by Gov. Pat Quinn and one convened as a special joint legislative committee between the House and the Senate. Within two hours of the indictment being filed office tonight, one of the byproducts of the legislative committee passed both chambers.

The General Assembly approved SB 364, crafted with the leadership of House Speaker Michael Madigan and Senate President John Cullerton. It’s aimed at reforming the state’s public employee pension system and requiring all trustees to abide by state ethics laws. All trustees of the Teachers’ Retirement System, specifically, would be replaced. And the governor would be able to appoint more trustees to that board.

The Teachers’ Retirement System, which serves more than 355,500 teachers outside of Chicago, was one of the first state government operations revealed by the feds to be corrupted by Blagojevich’s inner circle, according to Fitzgerald’s office. System officials immediately released a statement of opposition, saying the governor’s ability to appoint more members has potential to increase, not decrease, the opportunity for political influence.

The board’s statement said the rationale behind the measure “erroneously accused the elected members of the board of failing to prevent a corruption scheme in 2004 hatched by a former gubernatorial appointee,” meaning Stuart Levine. “The elected trustees of the TRS Board are angry and deeply troubled by the implication that they were somehow complicit in the illegal behavior carried out by Stuart Levine,” said Bob Lyons, a board trustee twice-elected by annuitants of the Teachers’ Retirement System following Levine’s resignation, according to the statement.

Lyons also said that terminating Jon Bauman, executive director of the system, on July 1 would unfairly punish a man who hasn’t been accused of committing a crime.

Cullerton said the reforms are designed to prevent “what Stuart Levine got away with for so long” by requiring consultants to register, requiring all board members to follow the same ethics standards applied to legislators and executive branch employees to prevent conflicts of interest and so-called pay-to-play politics.

Cullerton also offered his personal reaction to the former governor’s indictment. “I think it’s a sad situation because he is the father of a couple of kids. He lives down the street from me, and it’s always sad when stuff like this happens. But, at the same time, I can’t imagine what this place would be like if he were still the governor trying to solve the problems that we have with the incredible deficits that we have.”

Legislators of both parties added that the indictment should serve as yet another wakeup call to enact meaningful reforms to strengthen rules for campaign finance, state procurement, public access to information and even the structure of government. Ultimately, however, reforms can only make it harder for people who are bent on mischief, Leipold said. “Surely oversight can help, sunshine can help, reporting can help, but nothing’s going to stop things like this completely.”

Many just want to move on from the embarrassment. “There’s plenty of blame to go around,” said Rep. Bill Black, a Danville Republican. “I don’t care about what has happened. Let's get involved and care about how we clean this up. I want my grandkids to be proud of me.”

At the least, federal prosecutors continue to send a message that “business as usual” won’t be tolerated. Sen. Matt Murphy, a Palatine Republican, said: “And the prosecutor is serious. People who want to play that game better learn real quick it’s a losing proposition.”

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New Treasurer of Blagojevich Campaign Committee

by Cal Skinner

For you Blagojevich watchers, the former governor's campaign fund has just switched treasurers.

The newest one, signing the form February 14th, is

Bob Kennealy, PO Box 131, Worth, IL 60482

He replaces

Stephen E Caboor, 101 W 22nd St., Suite 207, Lombard, IL 60148

who signed on last February 18th.

Looks like a year was enough.

Posted on McHenry County Blog, too.

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Rep. Davis' Tepid Defense of Roland Burris

When one is expected to defend the guilty, it is better to focus on process ('innocent until proven guilty') or distraction. Today, Rep. Danny Davis -- who had rejected Rod Blagojevich's offer to make him the replacement senator from Illinois because he thought it would be tainted by Blagojevich's crimes -- offered both in defense of the scandal-plagued junior senator.

You may recall that Roland Burris was seated after supposedly fulfilling two conditions. One was the necessary signature from the Secretary of State (which was essentially waived by the Secretary of State). The second has been described in a couple of ways. One description was:

As Reid and Durbin described it, the process depends on two developments: Burris securing the right signoff on his appointment papers, plus a sworn declaration that he didn't offer anything to Blagojevich in exchange for the seat.

Of course, now we learn that Burris was willing to do what the Blagojevich campaign asked -- that he attempted to raise funds for the governor -- but didn't want to do it in a way that could be viewed as inappropriate. In lawyerly terms, Roland Burris didn't want to be perceived as responding to a quid pro quo, but was willing to do whatever he could to help the governor out. Burris made himself the indispensible man to the corrupt Governor, in effect, the last man standing -- the only one Blagojevich could turn to.

If Roland Burris wrote out a sworn declaration that he didn't offer anything to Blagojevich in exchange for the seat, then he obviously lied. It was determined before he accepted the seat that he was willing to raise money for Rod the corrupt.

One has to wonder how much of that $400,000 debt for "legal bills" is for Rod Blagojevich's monstrous legal bills.

The other way that the "second condition" was described was:

he [Harry Reid] suggested that testimony which Burris is to give before the state legislature's impeachment committee on Thursday could be crucial to his prospects of gaining the seat.

"He's going to go answer any other questions they might have. He's not trying to avoid any responsibility and trying to hide anything," said Reid (D-Nev.) "Once that's done, we'll be in a different position and see what we are going to do."

Or:

U.S. Senate Majority Leader Harry Reid of Nevada and his top deputy, Sen. Dick Durbin of Illinois, had made Burris' full and complete testimony at the impeachment hearing one of the conditions for swearing him in as a federal lawmaker.

"full and complete testimony." Does anyone honestly want to argue that Roland Burris offered "full and complete testimony" to the Impeachment Committee?

What is clear is that Roland Burris understood the stakes when he went to Springfield to discuss his appointment before the state legislature. Danny Davis tried to obfuscate this here, suggesting that his lawyer made him do it. But Roland Burris should have known that he was not on trial -- Rod Blagojevich was (or, rather, would be) -- and that what he faced was a test.

It was a test of Burris' honesty and willingness to lay out all the facts as he knew them. This was a test that Burris failed.

Danny Davis' need to provide excuses for Roland Burris' lack of integrity really dims the fact that Davis had the good sense and grace to decline Rod Blagojevich's offer of the seat that Burris lept at. Danny Davis wanted that seat. But he understood that it would come with questions that one might never be able to get out from under. Roland Burris' ambition got the better of him. He was willing to live with the taint, live with the ongoing questions, because of that ambition.

But he forgot about the people of Illinois. We never really got a second senator. What we got was Roland Burris (D-Blagojevich). The whole country lost on that one...

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The never-ending story

By Jamey Dunn
House Speaker Michael Madigan sent documents today to the Sangamon County state’s attorney’s office that could prompt a perjury investigation of U.S. Sen. Roland Burris, and Burris on Monday revealed more information about his conversations with Rob Blagojevich, brother of the former governor.



Burris’ latest public perception battle began over the weekend, when it was revealed in a new affidavit that he discussed his interest in the U.S. Senate seat with members of former Gov. Rod Blagojevich’s inner circle. Illinois Republicans and Democratic Attorney General Lisa Madigan have called for Sangamon County State’s Attorney John Schmidt to investigate possible perjury charges based on inconsistencies between the most recent affidavit, filed earlier this month, and Burris’ affidavit and testimony that was given to the House committee a month ago.

Madigan today sent the two affidavits that Burris filed with the special House investigation committee and a transcript of his testimony to Schmidt’s office. House Minority Leader Tom Cross said that this was a “good start,” but he said he still wanted Democrats to explain why they did not disclose the affidavit as soon as it was filed February 4.

Rep. Jim Durkin, minority spokesman for the House committee, said that Democrats kept the GOP members out of the loop by refusing to reveal the new affidavit and by making the decision to send the documents to the state’s attorney’s office on their own. Durkin said Democrats have closed the door on bipartisanship and that he sees “no reason to talk to them about anything.”

Meanwhile, Burris continues to add details to his story. He reportedly said today that he reached out to the prosecutor and said he had nothing to hide. Also, according to the Chicago Tribune, he said he did, indeed, speak to the former governor’s brother and tried raise some money for the governor’s political campaign. As outlined in the affidavit, there were three conversations. Burris shed some more light on them today, per the Tribune transcript:

1. October 2008: Burris said Rob Blagojevich called him to seek fundraising help for the former governor, and Burris said he couldn’t help until after the election. According to Burris, during that phone call, he also inquired about the Senate seat. Rob Blagojevich’s lawyer has been quoted as saying otherwise. According to Burris’ affidavit, Rob Blagojevich said Burris’ name had come up.
2. After the November election, Rob Blagojevich called again. Burris said he tried to organize fundraising, but no one he approached was interested in donating. Burris said they discussed the possibility of approaching other people to raise money.
3. The third time that Rob Blagojevich called, Burris said he explained that he could no longer help because he was interested in the appointment. Burris previously said that he did not offer any fundraising help.

Kent Redfield, a political scientist at the University of Illinois at Springfield, said there probably was no quid pro quo involved in the U.S. Senate appointment. Redfield said that Burris’ one chance to clear up any suspicion about his appointment and “sever ties” with the former governor was in January. And the more details that come out now, the more “everything is under suspicion.”

In addition, Redfield said, the more details that trickle out, the more Burris’ chances in the 2010 U.S. Senate race are called into question. Burris’ actions also increase the chances that state Treasurer Alexi Giannoulias, who currently is traveling abroad with U.S. Sen. Dick Durbin, will make a run for the seat. Redfield also said that if Burris decided to run and won the Democratic primary, these revelations would become fodder for a Republican challenger’s campaign. “The TV commercials almost write themselves,” he said.

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Jack Higgins Continues to Have Fun with Blagojevich

by Cal Skinner
In Sunday's Jack Higgins' editorial cartoon, he looks at a scene on a CTA bus.

A man is reading a Chicago Sun-Times (what else, he works for the Sun-Times).

Here's the headline,

THE CLOWN
IS PRISON BOUND

A lady looking at the front page asks,

“JOEY
OR
BLAGO
THE CLOWN?

Posted first on McHenry County Blog.

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Blagojevich Is Not a Cuckoo!

As you can plainly see from this cartoon drawn for my Libertarian Party campaign against Rod Blagojevich and Jim Ryan in 2002, Blagojevich is not a cuckoo.

Mayor Richard Daley is only half right.

Blagojevich is a bird.
That bird is a chicken, however, not a cuckoo.

Here's the whole cartoon, drawn to point out that both Ryan and Blagojevich were chickens.
The two conspired to hold debates where they could dictate who was included.

And excluded.

The specific inspiration for this cartoon was when the two refused to take part in the Illinois League of Women Voters debate. The LVW rules said that any candidate who had received at least 5% in a non-candidate poll could take part.

I received just over 5% in the Daily Southtown poll, which was taken in early September, 2002.

Posted first at McHenry County Blog.

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Rod Goes to Pleasure Island

“I've got no strings on me.”

You could almost hear Illinois Governor Rod Blagojevich singing Pinocchio's song in his New York City television appearances.

Rod went to the Big Apple.

He hadn't been beholden to his Chicago puppet masters for a long time and it was time to have fun.

He played with the celebrities.

And, unlike Disney's Pinocchio, who didn't know he had an audience, Rod knew he had all those potential jurors out there.

And the potential book deal.

A third appearance on Saturday Night Live is guaranteed. Here's one and two.

Will he be portrayed as having ears as well as an ever growing nose?

Will he end up being contrite like Pinocchio?

Or at least cut a deal with the U.S. Attorney to tell what he knows about those other politicians he is suggesting have been naughty.

I wonder if he had time to see how New York City workers put Chicago's to shame in the “make work” department.

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Party Sign Differences

In Woodstock there are two well-placed signs with movable letters.

One is on Route 14 and has Republican State Senator Pam Althoff's and State Rep. Mike Tryon's names on it.

The other is on Route 47 on the west south side of the railroad overpass. It is outside of Democratic Party State Rep. Jack Franks' office.

Friday on the way up Route 14 to Camp Lakota for a First Methodist Church of Crystal Lake Cub Scout Pack 158 winter campout, I saw the Republican message:

SUPPORT
SPECIAL
ELECTION

Not exactly topical since Rolland Burris has already taken office as Illinois' junior U.S. Senator.

Driving past the Franks sign I read,

JACK TO TESTIFY
IN SPRINGFIELD
ON IMPEACMENT

Franks' sign talks of something that will be on the news this week.

I'd say that Franks won the contest on which sign has the most relevant message this past weekend.

Of course, the Franks sign is easier to modify.

But click on the Franks' photo and see how frayed the state flag is.

Posted first on McHenry County Blog.

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Blagojevich in Chamber After State Senate Sworn In

by Cal Skinner

This is what you saw on TV:

Not much eye contact here.

But later, this is what happened.

Below you see Governor Rod Blagojevich practicing hypnotizing the members of the Illinois State Senate:

For a closer view of the tee shirt, click here.

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Thanks to Heck of a Guy blogger Allan Showalter for his manipulation of images.

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Blago's Senate Shirt

by Cal SkinnerYou will be able to guess why I was attracted to this Disney World tee shirt.

The spiral drew me in.

As it says,

YOU ARE GETTING VERY SLEEPY

And much further down in very small letters,

AND YOU WILL OBEY MY EVERY COMMAND!

This is the shirt that Illinois Governor Rod Blagojevich is going to wear when he swears in state senators Wednesday.

Posted first on McHenry County Blog.

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The Two Lame Ducks Who Didn't Vote To Impeach

I found this article from TPM courtesy of Gaper's Block. We already heard about Milt Patterson's reasons, but why did Elga Jeffries vote present on the impeachment resolution?

I had the chance to speak briefly on the phone with Jefferies, who voted Present -- which is essentially the same as a No vote, because it counts towards defeating a motion.

"I voted Present because I did not completely agree on a Yes vote, and I didn't agree on a No vote," Jefferies said. "I felt that the reason all this had come about has been blown out of context."

Jefferies said that she felt that the investigation against Blagojevich had become personal, with the legislators digging in on hirings that went back years. "I think there's a lot of things that he could have done differently," said Jefferies. "I'm not saying he's been 100% right. And he'll have his day in court."

Jefferies concluded: "I voted my conscience."

I'm thinking that there is some confusion here. Patterson said that it was the job of the prosecution to indict the governor and it wasn't his job to impeach him.

Eh?

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No Need for Jesse to Flip

by Cal Skinner

Illinois Secretary of State Jesse White refused to sign Governor Rod Blagojevich's appointment of paperwork for Roland Burris as United States Senate.

Now the Illinois Supreme Court has ruled that White's signature is not needed.

White had maintained that his signature was not necessary.

So White won't have to flip like one of his skilled tumblers.

The move is up to the United Senate now.

What will the weak Harry Reid do now?

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The Jesse White Tumblers were in Crystal Lake at the corner of Dole and Crystal Lake Avenues at the 4th of July Parade in 2007.

Posted first on McHenry County Blog.

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Illinois Veterans Should Be Fighting Mad

by Cal Skinner

Page 1 of the September 9, 2004, Office of the Executive Inspector General's report signed by Z. Scott and Deborah L. Steiner should send veterans off the wall.

The hiring folks for Governor Rod Blagojevich deliberately manipulated the civil service rules to make sure that the Veterans' Preference laws would mean nothing.

“This task

• (the manipulation “of titles, credentials, positions, position location, or other criteria to fit candidates sponsored by” Blagojevich's patronage office into positions at IDES without following State law or normal State hiring protocol)


• was accomplished through the use of mechanisms designed to avoid veterans' preference hiring in non-exempt positions as well as through the creation of positions, titles, and job responsibilities.”

There were 500 vacancies.

A bit over a month after Blagojevich took office, Lon Monk approved the hiring of college graduate, former employee Cook County Circuit Clerk and Alderman Dick Mell 33rd Ward Office volunteer Sumari “Sudi” Garcia in the Illinois Department of Employment Security.

13-year IDES hiring expert Pete Shetter asked why Garcia wanted to take a job as a Public Administration Intern when she was qualified to be a Public Service Administrator.

Shetter explained there were generally three reasons for doing so:

• “to avoid calling up a list of veterans


• “it is a commonly used method of choice for hiring to to avoid the veterans' preference and target the specific person you wish to hire


• “it is an easy way to get around the CMS (Department of Central Management Services) Personnel Code”

When Garcia was interviewed she was asked how the state hired employees. She explained

• “the first way is to apply for a grade from CMS and get a grade. In her words, the 'problem' with this route is that you have to deal with the veterans who have an absolute hiring preference.


• “The second way is if you are a current state employee.


• “The final way is through the Public Administration Intern (“PAI” program). As an intern, the manager can pick whomever s/he wants without going through veterans' preference or pulling an eligibility list.”

The report notes that Garcia was neither a veteran nor a state employee and concludes she was hired as an intern “to circumvent the absolute veterans' preference.”

The next section tells of a more blatant evasion of veterans' preference. Cook County resident George Rada was hired in an exempt position. Two days later, he applied for a Civil Service position.

But there were seventeen veterans on the list in Cook County.

Fortunately for Rada, the opening for which he applied had been moved to Stephenson County where there were no veterans on the list.

And, lucky guy, he was the only one of six possible applicants interviewed... even though he was the only person who did not live in the county. When he got the job, a demotion from his civil service exempt position, his higher salary was not decreased.

Rada never ended up working in the county southwest of Rockford.

So, that's the second person in the report who took the job a veteran should have received.

Both Garcia and Rada ended up hiring people for IDES.

Kenneth Macievic, a resident of Gurnee when he applied for an IDES job, wanted a job in Lake or Cook Counties. There was that veterans' preference problem again.

There were no veterans on the list in Lake County, but also no vacancy. He was hired anyway and worked in Chicago supposedly until a vacancy opened up in Lake. He was fired less than six months later for fraudulent collection of $17,044 in unemployment insurance benefits.

The memo notes that it is a Class A Misdemeanor to violate veterans' preference (20 ILCS/415/18).

Published first on McHenry County Blog.

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I've been told there is at least one instance of hiring shenanigans a little closer to home. I wonder if the current Executive Inspector General would be interested.

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