Rod Blagojevich
Rod Blagojevich ( , born December 10, 1956), often referred to by his nicknames "Blago" or "B-Rod", is an American former politician, political commentator, and convicted felon who served as the 40th governor of Illinois from 2003 to 2009, when ...
Patrick Fitzgerald
Patrick J. Fitzgerald (born December 22, 1960) is an American lawyer and partner at the law firm of Skadden, Arps, Slate, Meagher & Flom since October 2012.
For more than a decade, until June 30, 2012, Fitzgerald was the United States Attorney ...
Illinois General Assembly
The Illinois General Assembly is the legislature of the U.S. state of Illinois. It has two chambers, the Illinois House of Representatives and the Illinois Senate. The General Assembly was created by the first state constitution adopted in 1 ...
and removed from office by the
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. Under the I ...
in January 2009. The federal investigation continued after his removal from office, and he was
indicted
An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of ...
on corruption charges in April of that year. The jury found Blagojevich guilty of one charge of making false statements with a mistrial being declared on the other 23 counts due to a
hung jury
A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. Hung jury usually results in the case being tried again.
...
after 14 days of jury deliberation. On June 27, 2011, after a retrial, Blagojevich was found guilty of 17 charges (including
wire fraud
Mail fraud and wire fraud are terms used in the United States to describe the use of a physical or electronic mail system to defraud another, and are federal crimes there. Jurisdiction is claimed by the federal government if the illegal activit ...
, 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. On December 7, 2011, Blagojevich was sentenced to 14 years in prison.
The investigation became public knowledge when a federal judge revealed that Blagojevich was the "Public Official A" in the indictment of Tony Rezko. The case gained widespread attention with the simultaneous arrests of Blagojevich and Harris on the morning of December 9, 2008 at their homes by federal agents. Blagojevich and Harris were each charged with one count of
conspiracy
A conspiracy, also known as a plot, is a secret plan or agreement between persons (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder or treason, especially with political motivation, while keeping their agr ...
to commit
mail
The mail or post is a system for physically transporting postcards, letter (message), letters, and parcel (package), parcels. A postal service can be private or public, though many governments place restrictions on private systems. Since the mid ...
and
wire fraud
Mail fraud and wire fraud are terms used in the United States to describe the use of a physical or electronic mail system to defraud another, and are federal crimes there. Jurisdiction is claimed by the federal government if the illegal activit ...
and one count of soliciting bribes. The case involved sweeping pay to play and influence peddling allegations, including the alleged solicitation of personal benefit in exchange for an appointment to the U.S. Senate as a replacement for
Barack Obama
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...
, who had resigned after being elected U.S. President (see
bribery
Bribery is the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official, or other person, in charge of a public or legal duty. With regard to governmental operations, essentially, bribery is "Co ...
Patrick Fitzgerald
Patrick J. Fitzgerald (born December 22, 1960) is an American lawyer and partner at the law firm of Skadden, Arps, Slate, Meagher & Flom since October 2012.
For more than a decade, until June 30, 2012, Fitzgerald was the United States Attorney ...
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
The Illinois General Assembly is the legislature of the U.S. state of Illinois. It has two chambers, the Illinois House of Representatives and the Illinois Senate. The General Assembly was created by the first state constitution adopted in 1 ...
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 Wallace Burris (born August 3, 1937) is an American politician and attorney who is a former United States Senator from the state of Illinois and a member of the Democratic Party.
In 1978, Burris was the first African American elected ...
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
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 statewide election. Based in Chicago and Springfield, Illinois
Springf ...
Lisa Madigan 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, Illinois House SpeakerMike Madigan (the Attorney General's father) announced that on December 16 he would begin impeachment proceedings. The
state House
State may refer to:
Arts, entertainment, and media Literature
* ''State Magazine'', a monthly magazine published by the U.S. Department of State
* ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States
* ''Our S ...
impeached Blagojevich on January 9, 2009, and the state Senate convicted him 20 days later, thereby removing him; they also disqualified him from holding further office in the state.
Background
Governor of Illinois
The governor of Illinois is the head of government 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 p ...
Rod Blagojevich
Rod Blagojevich ( , born December 10, 1956), often referred to by his nicknames "Blago" or "B-Rod", is an American former politician, political commentator, and convicted felon who served as the 40th governor of Illinois from 2003 to 2009, when ...
had been under investigation for corrupt activity for four years, as part of a broader federal investigation by
Patrick Fitzgerald
Patrick J. Fitzgerald (born December 22, 1960) is an American lawyer and partner at the law firm of Skadden, Arps, Slate, Meagher & Flom since October 2012.
For more than a decade, until June 30, 2012, Fitzgerald was the United States Attorney ...
, code-named Operation Board Games, 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 Joan St. Eve (born November 20, 1965) is a United States circuit judge of the United States Court of Appeals for the Seventh Circuit. She previously served as a United States district judge of the United States District Court for the Nort ...
that he was the "Public Official A" referred to in the federal indictment of Tony Rezko. Just before the 2008 U.S. general elections, 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 and Watergate." After a meeting between Blagojevich and Jesse Jackson Jr. 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"
At 6:15 a.m. on December 9, 2008,
Rod Blagojevich
Rod Blagojevich ( , born December 10, 1956), often referred to by his nicknames "Blago" or "B-Rod", is an American former politician, political commentator, and convicted felon who served as the 40th governor of Illinois from 2003 to 2009, when ...
Federal Bureau of Investigation
The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice, ...
(FBI). Blagojevich and Harris were each charged with one count of
conspiracy
A conspiracy, also known as a plot, is a secret plan or agreement between persons (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder or treason, especially with political motivation, while keeping their agr ...
to commit
mail
The mail or post is a system for physically transporting postcards, letter (message), letters, and parcel (package), parcels. A postal service can be private or public, though many governments place restrictions on private systems. Since the mid ...
and
wire fraud
Mail fraud and wire fraud are terms used in the United States to describe the use of a physical or electronic mail system to defraud another, and are federal crimes there. Jurisdiction is claimed by the federal government if the illegal activit ...
and one count of soliciting bribes. The case involved sweeping pay to play and influence peddling allegations, including the alleged solicitation of personal benefit in exchange for an appointment to the U.S. Senate as a replacement for
Barack Obama
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...
when the latter resigned after being elected U.S. President. Fitzgerald noted that there had been no evidence of wrongdoing by Obama.
Before the scandal, Blagojevich considered himself as a contender for the
2016 presidential election
This national electoral calendar for 2016 lists the national/federal elections held in 2016 in all sovereign states and their dependent territories. By-elections are excluded, though national referendums are included.
January
*7 January: Kirib ...
, but was willing to pursue an interim position as a
Cabinet
Cabinet or The Cabinet may refer to:
Furniture
* Cabinetry, a box-shaped piece of furniture with doors and/or drawers
* Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets
* Filing ...
member, a U.S. ambassador, or a high-profile corporate titan instead. The governor viewed his statutory power to appoint a replacement for Obama in the U.S. Senate 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
An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of an ...
from a
grand jury
A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a ...
; this process 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 became the fourth, following Dan Walker, who was jailed from 1987 to 1989. As well as the allegations concerning the Senate seat, Blagojevich has also been charged with:
*Attempting to extort the owners of the
Tribune Company
Tribune Media Company, also known as Tribune Company, was an American multimedia conglomerate headquartered in Chicago, Illinois.
Through Tribune Broadcasting, Tribune Media was one of the largest television broadcasting companies, owning 39 t ...
to fire ''
Chicago Tribune
The ''Chicago Tribune'' is a daily newspaper based in Chicago, Illinois, United States, owned by Tribune Publishing. Founded in 1847, and formerly self-styled as the "World's Greatest Newspaper" (a slogan for which WGN radio and television a ...
'' editors 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 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
The United States Department of Homeland Security (DHS) is the Federal government of the United States, U.S. United States federal executive departments, federal executive department responsible for public security, roughly comparable to the I ...
.
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
Russell Dana Feingold ( ; born March 2, 1953) is an American lawyer and politician who served as a United States Senator from Wisconsin from 1993 to 2011. A member of the Democratic Party, he was its nominee in the 2016 election for the same U.S. ...
, who then served as the chairman of the
United States Senate Committee on the Judiciary
The United States Senate Committee on the Judiciary, informally the Senate Judiciary Committee, is a standing committee of 22 U.S. senators whose role is to oversee the Department of Justice (DOJ), consider executive and judicial nomination ...
constitutional amendment
A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, t ...
requiring vacant Senate seats be filled by special elections, as the House of Representatives requires; however, nothing ever came of it.
Obama Senate replacement
Fraud
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compen ...
involving the appointment of a senator to fill the Senate seat vacated by Barack Obama has been the most notable charge against Blagojevich. Blagojevich was overheard on a recorded phone call saying, "I've got this thing, and it's fucking golden. I'm just not giving it up for fucking nothing. It's a fucking valuable thing, you just don't give it away for nothing. 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 (, ; Serbian: , , ), officially the Republic of Serbia (Serbian: , , ), is a landlocked country in Southeastern and Central Europe, situated at the crossroads of the Pannonian Basin and the Balkans. It shares land borders with Hung ...
.
Following Blagojevich's arrest, Richard Durbin, the U.S. Senator for Illinois who had served alongside Barack Obama, issued a statement regarding the prospective gubernatorial appointment to replace Obama in the Senate: "No appointment by this governor, under these circumstances, could produce a credible replacement". Durbin urged the
Illinois General Assembly
The Illinois General Assembly is the legislature of the U.S. state of Illinois. It has two chambers, the Illinois House of Representatives and the Illinois Senate. The General Assembly was created by the first state constitution adopted in 1 ...
Rahm Emanuel
Rahm Israel Emanuel (; born November 29, 1959) is an American politician and diplomat who is the current United States Ambassador to Japan. A member of the Democratic Party, he previously served two terms as the 55th Mayor of Chicago from 2011 ...
in Illinois's 5th congressional district. Both Illinois Senate President Emil Jones and Illinois House SpeakerMichael Madigan 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 Wallace Burris (born August 3, 1937) is an American politician and attorney who is a former United States Senator from the state of Illinois and a member of the Democratic Party.
In 1978, Burris was the first African American elected ...
, a former
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 statewide election. Based in Chicago and Springfield, Illinois
Springf ...
and the first
African American
African Americans (also referred to as Black Americans and Afro-Americans) are an Race and ethnicity in the United States, ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American ...
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 StateJesse White refused to certify Burris' selection for the vacant Senate seat.
Senate leaders argued that Senate Rule 2 requires a senator-designate's credentials to be signed by the state's governor and secretary of state. On January 6, when the
111th United States Congress
The 111th United States Congress was a meeting of the legislative branch of the United States federal government from January 3, 2009, until January 3, 2011. It began during the last weeks of the George W. Bush administration, with t ...
Nancy Erickson
Nancy Erickson is an American political aide who served as the 32nd Secretary of the United States Senate from 2007 to 2015. She began her term as Secretary on January 4, 2007, in the 110th Congress. Erickson was appointed by Democratic and Major ...
rejected Burris's credentials because White had not signed the certificate of appointment.
Senate Majority Leader
The positions of majority leader and minority leader are held by two United States senators and members of the party leadership of the United States Senate. They serve as the chief spokespersons for their respective political parties holdin ...
Harry Reid
Harry Mason Reid Jr. (; December 2, 1939 – December 28, 2021) was an American lawyer and politician who served as a United States senator from Nevada from 1987 to 2017. He led the Senate Democratic Caucus from 2005 to 2017 and was the Sena ...
Dianne Feinstein
Dianne Goldman Berman Feinstein ( ; born Dianne Emiel Goldman; June 22, 1933) is an American politician who serves as the senior United States senator from California, a seat she has held since 1992. A member of the Democratic Party, she was ...
, 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
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made ...
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
Richard Bruce Cheney ( ; born January 30, 1941) is an American politician and businessman who served as the 46th vice president of the United States from 2001 to 2009 under President George W. Bush. He is currently the oldest living former ...
.
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 Blagojevich that he could not donate to him because "it could be viewed as an attempt to curry favor with him regarding his decision to appoint a successor to President Obama." Burris stated that he neither donated to nor raised funds for the Governor 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 that they would consider pursuing a perjury investigation. Democratic officials, including
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 statewide election. Based in Chicago and Springfield, Illinois
Springf ...
Lisa Madigan, supported that announcement.
On February 16, in comments to reporters, Burris acknowledged he sought to raise campaign funds for Blagojevich at the request of the governor's brother at the same time he was making a pitch to be appointed to the Senate. Burris is accused of lying during his January 8 testimony to the Illinois House of Representatives and the United States Senate Select Committee on Ethics has opened a preliminary investigation into the matter. 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 vote by the committee and a two-thirds
supermajority
A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority r ...
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. Durbin also inquired about Burris' plans for the 2010 U.S. Senate elections and relayed to Burris that he would be very unlikely to succeed in the primary or general election. Quinn endorsed a special election to replace Burris, but there was vocal and procedural resistance in the
Illinois General Assembly
The Illinois General Assembly is the legislature of the U.S. state of Illinois. It has two chambers, the Illinois House of Representatives and the Illinois Senate. The General Assembly was created by the first state constitution adopted in 1 ...
. On February 25, Lisa Madigan confirmed the constitutionality of moving forward a direct election for the seat formerly held by Obama to a targeted May 26 date. The following day, a story unfolded involving Burris' son who obtained a $75,000 job under Rod Blagojevich on September 10 as a senior counsel for the state's housing authority — about six weeks after the Internal Revenue Service placed a $34,163
tax lien
A tax lien is a lien which is imposed upon a property by law in order to secure the payment of taxes. A tax lien may be imposed for the purpose of collecting delinquent taxes which are owed on real property or personal property, or it may be i ...
on Burris II and three weeks after a mortgage company filed a
foreclosure
Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender by forcing the sale of the asset used as the collateral for the loan.
Formally, a mort ...
suit on his South Side house.
Obama's involvement
Blagojevich was aware that
Barack Obama
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...
would have preferred "
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the e ...
Candidate #1" ( Valerie Jarrett), 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, thankfulness, or gratefulness is from the Latin word ''gratus,'' which means "pleasing" or "thankful." Is regarded as a feeling of appreciation (or similar positive response) by a recipient of another's kindness. This can be gifts, h ...
. 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 Israel Emanuel (; born November 29, 1959) is an American politician and diplomat who is the current United States Ambassador to Japan. A member of the Democratic Party, he previously served two terms as the 55th Mayor of Chicago from 2011 ...
, 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
A press conference or news conference is a media event in which notable individuals or organizations invite journalists to hear them speak and ask questions. Press conferences are often held by politicians, corporations, non-governmental or ...
, Obama stated that he and his staff and
transition team
A political transition team is used when there is a change of political leadership, to enable an orderly and peaceful transfer of power.
Canada
When a new Prime Minister, provincial premier or party leader is elected; a transition team is usua ...
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 to
subpoena
A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of ...
Obama.
Replacing Blagojevich
After his arrest, Blagojevich appeared before U.S.
Magistrate
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a ''magistratus'' was one of the highest ranking government officers, and possessed both judici ...
Judge Nan R. Nolan, in the
United States District Court for the Northern District of Illinois
The United States District Court for the Northern District of Illinois (in case citations, N.D. Ill.) is the federal trial-level court with jurisdiction over the northern counties of Illinois.
Appeals from the Northern District of Illinois ar ...
, and was released on a $4,500 signature bond. He was also ordered to surrender his
passport
A passport is an official travel document issued by a government that contains a person's identity. A person with a passport can travel to and from foreign countries more easily and access consular assistance. A passport certifies the perso ...
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 pleaded guilty to the charges, Blagojevich would have been automatically forced to resign, as the Illinois Constitution does not allow convicted felons to hold office.
On December 11, 2008, Democratic Illinois Representative
John Fritchey
John Alden Fritchey IV (born March 2, 1964) is a former Democratic Cook County Commissioner of the Cook County Board of Commissioners who represented the 12th district in Chicago from 2010 until 2018 and was a Democratic State Representative in ...
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 following scenarios to replace Blagojevich:
#Voluntary resignation of Blagojevich as Governor of Illinois,
#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
#Introducing a motion in the Illinois House of Representatives to begin impeachment proceedings against Governor Blagojevich.
Between December 13 and December 14, Blagojevich's attorney
Ed Genson
Edward Marvin Genson (June 30, 1941 – April 14, 2020) was an American attorney who represented high-profile defendants such as former Republic Windows CEO Richard Gillman, musician R. Kelly, newspaper owner Conrad Black, and Illinois Governor ...
, 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
A lieutenant governor, lieutenant-governor, or vice governor is a high officer of state, whose precise role and rank vary by jurisdiction. Often a lieutenant governor is the deputy, or lieutenant, to or ranked under a governor — a "second-in-comm ...
Pat Quinn 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 regarding his mental health. The state's other top elected officials—
Attorney General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
Comptroller
A comptroller (pronounced either the same as ''controller'' or as ) is a management-level position responsible for supervising the quality of accounting and financial reporting of an organization. A financial comptroller is a senior-level exec ...
Dan Hynes
Daniel W. Hynes (born July 20, 1968) is an American politician, formerly serving as the Illinois Comptroller.
Background
Hynes was born in Chicago, the son of Thomas Hynes, a former Cook County assessor, president of the Illinois Senate
...
,
Treasurer
A treasurer is the person responsible for running the treasury of an organization. The significant core functions of a corporate treasurer include cash and liquidity management, risk management, and corporate finance.
Government
The treasury o ...
Democratic National Committee
The Democratic National Committee (DNC) is the governing body of the United States Democratic Party. The committee coordinates strategy to support Democratic Party candidates throughout the country for local, state, and national office, as well ...
Chairman
Howard Dean
Howard Brush Dean III (born November 17, 1948) is an American physician, author, lobbyist, and retired politician who served as the 79th governor of Vermont from 1991 to 2003 and chair of the Democratic National Committee (DNC) from 2005 to 200 ...
also called for the governor to step down.
On December 10, 2008, the Democratic Caucus of the United States Senate called for Blagojevich to resign and demanded that he not appoint a replacement for Obama. The letter also mentioned that, if Blagojevich appointed a successor to Obama in the U.S. Senate, the U.S. Senate would be "forced to exercise tsConstitutional authority under Article I, Section 5, to determine whether such a person should be seated".
Senate Majority Leader
The positions of majority leader and minority leader are held by two United States senators and members of the party leadership of the United States Senate. They serve as the chief spokespersons for their respective political parties holdin ...
Harry Reid
Harry Mason Reid Jr. (; December 2, 1939 – December 28, 2021) was an American lawyer and politician who served as a United States senator from Nevada from 1987 to 2017. He led the Senate Democratic Caucus from 2005 to 2017 and was the Sena ...
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
A whip is an official of a political party whose task is to ensure party discipline in a legislature. This means ensuring that members of the party vote according to the party platform, rather than according to their own individual ideology ...
Dick Durbin
Richard Joseph Durbin (born November 21, 1944) is an American lawyer and politician serving as the senior United States senator from Illinois, a seat he has held since 1997. A member of the Democratic Party, Durbin has served as the Senate Dem ...
, 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 LeaderFrank Watson, Illinois Congressman John Shimkus, and many Illinois state legislators from both parties also called for Blagojevich to resign.
House Speaker Madigan thought that it would be inappropriate to make a statement calling for a resignation or a statement supporting an impeachment because he would have to preside over any impeachment debate.
Blagojevich's defense
On December 19, 2008, at the
James R. Thompson Center
The James R. Thompson Center (JRTC), originally the State of Illinois Center, is a postmodern-style civic building designed by architect Helmut Jahn, located at 100 W. Randolph Street in the Loop district of Chicago. It houses offices of the Il ...
, Blagojevich said that he "ha done nothing wrong" and would not resign as governor in the face of federal corruption charges. He added that he would "answer ll questionsin 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
Joseph Rudyard Kipling ( ; 30 December 1865 – 18 January 1936)''The Times'', (London) 18 January 1936, p. 12. was an English novelist, short-story writer, poet, and journalist. He was born in British Raj, British India, which inspired much o ...
's poem '' If—''. 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 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, and it denied the motion for temporary relief.
Impeachment
According to the FBI affidavit, Blagojevich attempted to have ''Chicago Tribune'' writers fired for discussing his possible impeachment.
Jan Schakowsky
Janice Schakowsky ( ; née Danoff; born May 26, 1944) is an American politician who has served as the U.S. representative from since 1999. She is a member of the Democratic Party.
The district is anchored in Chicago's North Side, including mu ...
, a Democrat representing Illinois's 9th congressional district, called for impeachment proceedings to begin should Blagojevich not resign promptly.
On December 15, just six days after the scandal broke with no resignation by the Governor, the Illinois House voted unanimously 113–0 to begin impeachment proceedings. This was the first impeachment inquiry against an Illinois Governor. Also, on that same day, Illinois House Speaker Michael Madigan formed a bipartisan committee of inquiry within the House of Representatives to run an impeachment inquiry.
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 is the evening or entire day before Christmas Day, the festival commemorating the birth of Jesus. Christmas Day is observed around the world, and Christmas Eve is widely observed as a full or partial holiday in anticipati ...
,
Christmas Day
Christmas is an annual festival commemorating the birth of Jesus Christ, observed primarily on December 25 as a religious and cultural celebration among billions of people around the world. A feast central to the Christian liturgical year ...
,
New Year's Eve
In the Gregorian calendar, New Year's Eve, also known as Old Year's Day or Saint Sylvester's Day in many countries, is the evening or the entire day of the December 31, last day of the year, on 31 December. The last day of the year is commonly ...
, and
New Year's Day
New Year's Day is a festival observed in most of the world on 1 January, the first day of the year in the modern Gregorian calendar. 1 January is also New Year's Day on the Julian calendar, but this is not the same day as the Gregorian one. Wh ...
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 was the chairperson of the Special Committee on Impeachment.
Madigan stated that the impeachment committee would consider the pending criminal charges as well as review other possible wrongdoing during Blagojevich's term such as abuse of power, taking action without legal authority, ignoring state laws, and defying lawful requests for information from the General Assembly. 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 is a historic church located on the south side of Chicago, Illinois, USA. The landmarked building was originally constructed for a synagogue, Kehilath Anshe Ma'arav. The church is notable both as an architectural landmar ...
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, 2009, 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; three other representatives abstained. After the Illinois House impeached Blagojevich, the Illinois Senate held a trial at which Illinois Supreme CourtChief JusticeThomas R. Fitzgerald presided. Under the Illinois Constitution, Fitzgerald rather than Senate President John Cullerton, presided because the accused was the governor.
Blagojevich was the sixteenth governor in the United States and the first Illinois governor to have been impeached. Seven of the fifteen impeached governors were removed from office.
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 resident-elect Barack Obama'svacant 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
Deborah Mell
Deborah L. "Deb" Mell (born July 30, 1968) is an American politician from Chicago. She is a Democrat and was formerly a member of the Chicago City Council, representing the 33rd ward. She previously served in the Illinois House of Representativ ...
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
A kangaroo court is a court that ignores recognized standards of law or justice, carries little or no official standing in the territory within which it resides, and is typically convened ad hoc. A kangaroo court may ignore due process and come ...
. Neither the governor nor his lawyer was present in
Springfield, Illinois
Springfield is the capital of the U.S. state of Illinois and the county seat and largest city of Sangamon County. The city's population was 114,394 at the 2020 census, which makes it the state's seventh most-populous city, the second largest ...
on the first day of the trial. Blagojevich spent the day in
New York City
New York, often called New York City or NYC, is the most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the most densely populated major city in the U ...
making media appearances on a myriad of shows including ''
Good Morning America
''Good Morning America'' (often abbreviated as ''GMA'') is an American morning television program that is broadcast on ABC. It debuted on November 3, 1975, and first expanded to weekends with the debut of a Sunday edition on January 3, 1993. ...
The New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'', January 27, 2009. Retrieved on January 27, 2009. On the same day, in a
cable television
Cable television is a system of delivering television programming to consumers via radio frequency (RF) signals transmitted through coaxial cables, or in more recent systems, light pulses through fibre-optic cables. This contrasts with bro ...
news interview with Geraldo Rivera, Blagojevich derided the whole process. Lead attorney
Ed Genson
Edward Marvin Genson (June 30, 1941 – April 14, 2020) was an American attorney who represented high-profile defendants such as former Republic Windows CEO Richard Gillman, musician R. Kelly, newspaper owner Conrad Black, and Illinois Governor ...
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'' is an American morning television show that aired on CBS from November 1, 1999 to January 7, 2012, and the ninth attempt at a morning news-talk program by the network since 1954. The program aired Monday through Friday fro ...
'', and the
Associated Press
The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. n ...
. Blagojevich insisted that unlike
Richard Nixon
Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 to 1974. A member of the Republican Party, he previously served as a representative and senator from California and was t ...
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, an FBI agent who investigated Blagojevich for years, also testified on January 27 and answered questions that did not extend to information not presented in the affidavit.
On January 28, Blagojevich requested the opportunity to deliver his own closing arguments, although he would not testify or submit himself to
cross-examination
In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination (in Ireland, the United Kingdom, Australia, Canada, South Africa, India and Pakistan known as examination-in-chief) an ...
. 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 40 votes out of 59, 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 unanimous vote of 59–0. State Senator Mike Frerichs then moved that Blagojevich be banned from ever holding office in Illinois again. This motion carried, also by a unanimous vote of 59–0. Shortly after the vote, the lieutenant governor, Pat Quinn was sworn in as the new governor. Although Blagojevich is disqualified from running for any Government of Illinois office, he is eligible to run for federal office such as his old congressional seat.
Placeholder names in the complaint
During the federal investigation leading up to the arrest, the
Federal Bureau of Investigation
The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice, ...
used wire taps at both the Governor's campaign offices and his home phone.
Rather than identifying subject individuals by name, the FBI
affidavit
An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or '' deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statemen ...
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. 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 (channel 7) is a television station in Chicago, Illinois, United States, airing programming from the ABC network. Owned and operated by the network's ABC Owned Television Stations division, the station maintains studios on North Stat ...
reported December 15 that Jackson notified investigators that Blagojevich refused to appoint Jackson's wife,
Sandi Sandi may refer to:
People
*Sandi (given name), a list of people and a fictional character
*Sandi, better known as Szandi, Hungarian singer Alexandra Pintácsi (born 1976)
*Sandi (surname), a list of people
Places
*Sandi, Uttar Pradesh, town in Ha ...
, 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 dSenate 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.
Other prospects for the Senate seat, including Rep. Danny Davis and Illinois Attorney General Lisa Madigan, 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 is a former deputy governor of Illinois. She was appointed by then-Governor 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 ...
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
Cabinet or The Cabinet may refer to:
Furniture
* Cabinetry, a box-shaped piece of furniture with doors and/or drawers
* Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets
* Filing ...
position of Secretary of Energy 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, Jones, and Illinois Department of Veterans Affairs Director
Tammy Duckworth
Ladda Tammy Duckworth (born March 12, 1968) is an American politician and retired Army National Guard lieutenant colonel serving as the junior United States senator from Illinois since 2017. A member of the Democratic Party, she represented ...
(who would later be elected to the seat in 2016) 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 (SEIU) is a labor union representing almost 1.9 million workers in over 100 occupations in the United States and Canada. SEIU is focused on organizing workers in three sectors: healthcare (over half of members ...
. 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.
Criminal trial
Federal grand jury indictment
On April 2, 2009, a federal
grand jury
A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a ...
issued a 19 count indictment; 16 of which named Rod Blagojevich, including
racketeering
Racketeering is a type of organized crime in which the perpetrators set up a coercive, fraudulent, extortionary, or otherwise illegal coordinated scheme or operation (a "racket") to repeatedly or consistently collect a profit.
Originally and ...
conspiracy
A conspiracy, also known as a plot, is a secret plan or agreement between persons (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder or treason, especially with political motivation, while keeping their agr ...
,
wire fraud
Mail fraud and wire fraud are terms used in the United States to describe the use of a physical or electronic mail system to defraud another, and are federal crimes there. Jurisdiction is claimed by the federal government if the illegal activit ...
,
extortion
Extortion is the practice of obtaining benefit through coercion. In most jurisdictions it is likely to constitute a criminal offence; the bulk of this article deals with such cases. Robbery is the simplest and most common form of extortion, ...
,
conspiracy
A conspiracy, also known as a plot, is a secret plan or agreement between persons (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder or treason, especially with political motivation, while keeping their agr ...
,
attempt
An attempt to commit a crime occurs if a criminal has an intent to commit a crime and takes a substantial step toward completing the crime, but for reasons not intended by the criminal, the final resulting crime does not occur.''Criminal Law - ...
ed
extortion
Extortion is the practice of obtaining benefit through coercion. In most jurisdictions it is likely to constitute a criminal offence; the bulk of this article deals with such cases. Robbery is the simplest and most common form of extortion, ...
, and
making false statements
Making false statements () is the common name for the United States federal process crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits knowingly and willfully making false or fraudulent statements, o ...
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 (All charges against Robert Blagojevich were subsequently dropped in August 2010 following his brother's mistrial on 23 of 24 counts) was outraged how he was treated by the Federal authorities and used as a pawn against his brother. He later wrote a book about his experience that was published in 2015.
* John Harris, former chief of staff
*Alonzo Monk, another former chief of staff, who pleaded guilty, testified against the Governor, and received two years in prison
* Christopher G. Kelly, a Springfield businessman (Kelly died on September 12, 2009, after having pleaded 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 Block Zagel (born March 4, 1941) is an inactive Senior United States district judge of the United States District Court for the Northern District of Illinois and a novelist.
Early life and education
Born in Chicago, Illinois, to Je ...
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
A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. Hung jury usually results in the case being tried again.
...
) 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 had 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 responded, ''"The events of Dec 9 and the events of today underline for the people of Illinois that there is a serious crisis of integrity in our government, and I think it's very, very important that we the people confront this crisis, enact the reforms that will solve the problems and make sure they never happen again."''
A Reform Commission headed by
Patrick M. Collins
Patrick M. Collins (born September 1, 1964), is an American lawyer. Collins is a partner in King & Spalding LLP's Special Matters and Government Investigations practice.mistrial was declared on the other 23 charges due to
hung jury
A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. Hung jury usually results in the case being tried again.
...
. Prosecutors pledged to retry the case as soon as possible. The four charges against Robert Blagojevich were dismissed. Prosecutors had offered to retry Robert Blagojevich separately. However, he refused and the charges were dropped the very next day. 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 another road builder 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 followed the conviction of his gubernatorial predecessor five years earlier.
Sentence
On December 7, 2011, Blagojevich was sentenced to 14 years in prison. He was also given two other concurrent sentences in addition to the 168-month sentence. Federal prison does not use parole; he must serve at least 85% of the 168-month sentence before becoming eligible to be given supervised release. On March 15, 2012, Blagojevich reported to Federal Correctional Institution, Englewood in Colorado to begin serving his sentence. The
Federal Bureau of Prisons
The Federal Bureau of Prisons (BOP) is a United States federal law enforcement agency under the Department of Justice that is responsible for the care, custody, and control of incarcerated individuals who have committed federal crimes; that i ...
previously listed Blagojevich's expected release date from prison as May 23, 2024 before his sentence was later commuted.
Appeal
On July 21, 2015, the
United States Court of Appeals for the Seventh Circuit
The United States Court of Appeals for the Seventh Circuit (in case citations, 7th Cir.) is the U.S. federal court with appellate jurisdiction over the courts in the following districts:
* Central District of Illinois
* Northern District of Il ...
overturned four of former Illinois Gov. Rod Blagojevich's 18 convictions, stating that proposals to exchange promises for appointments "is a common exercise in logrolling". The
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point ...
announced on March 28, 2016, that they had deferred the option to hear the appeal, which instead went to the
United States District Court for the Northern District of Illinois
The United States District Court for the Northern District of Illinois (in case citations, N.D. Ill.) is the federal trial-level court with jurisdiction over the northern counties of Illinois.
Appeals from the Northern District of Illinois ar ...
.
On August 9, 2016, U.S. District Judge
James Zagel
James Block Zagel (born March 4, 1941) is an inactive Senior United States district judge of the United States District Court for the Northern District of Illinois and a novelist.
Early life and education
Born in Chicago, Illinois, to Je ...
ruled that despite the four dropped charges, reports of good behavior, and pleas for leniency, Blagojevich's 14-year sentence would stand. In making his decision, Zagel noted that "these are serious crimes that had an impact on the people of Illinois." and it's "an unfortunate reality" that Blagojevich's family members are made to suffer consequences. Patti Blagojevich commented on the sentence, calling it "unusually cruel and heartless and unfair".
Commutation of sentence
On February 18, 2020, President
Donald Trump
Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021.
Trump graduated from the Wharton School of the University of ...
commuted Rod Blagojevich's prison sentence. Blagojevich was released from prison that day, having served about eight years of his 14-year sentence.
Chicago Sun-Times
The ''Chicago Sun-Times'' is a daily newspaper published in Chicago, Illinois, United States. Since 2022, it is the flagship paper of Chicago Public Media, and has the second largest circulation among Chicago newspapers, after the ''Chicago T ...
Chicago Tribune
The ''Chicago Tribune'' is a daily newspaper based in Chicago, Illinois, United States, owned by Tribune Publishing. Founded in 1847, and formerly self-styled as the "World's Greatest Newspaper" (a slogan for which WGN radio and television a ...
Daily Herald
Daily or The Daily may refer to:
Journalism
* Daily newspaper, newspaper issued on five to seven day of most weeks
* ''The Daily'' (podcast), a podcast by ''The New York Times''
* ''The Daily'' (News Corporation), a defunct US-based iPad new ...
WTTW
WTTW (channel 11) is a PBS member television station in Chicago, Illinois, United States. Owned by not-for-profit broadcaster Window to the World Communications, Inc., it is sister to commercial classical music radio station WFMT (98.7 FM). ...