Into the Blago Ditch, Day 2

Happy Birthday, Guv! Today, his 52nd birthday, the day after his arrest and release on bond, nonchalant renegade Illinois Governor Rod Blagojevich (see yesterday’s TWSA! entry) returned to his downtown Chicago office (pictured on right), waved to reporters, and didn’t appear to be contemplating resigning. In fact, far from it. Kelley Quinn, his spokesperson reported – apparently with a straight face – it was “business as usual.” Uh oh. Quinn marched steadfastly on, adding, “At the end of the day, the top priority for our office is to serve the people, and we have not lost sight of that, nor will we lose sight of that.” Well, it’s not the literal “end of the day” that concerns the good citizens of Illinois, it’s the part of the day between his entry into the building and the actual “end of the day” that causes unease. What’s he doing during those hours? Selling the office furniture? Starting a third Chicago baseball franchise? Hey, how’s about invading Michigan? That might calm things down?

The Washington Post reported that “his seeming nonchalance gave no hint of the uncertainty that defines Illinois state government now that its chief executive has been caught on audiotape trying to shake down business leaders and hawk Obama’s former Senate seat to the highest bidder,” among other nefarities (see the Chicago Tribune’s Blago-ditch timeline).

Chicago’s storied Tribune, one of Blago’s main targets in his alleged schemes, also provides a joyful romp through the Governor’s many quotes, now come back to haunt him, like ghosts of Christmas past, or in the Guv’s case today, as unwelcome birthday gifts. “We do everything right,” said Blago in February 2006, not claiming, it must be fairly noted, that they “do everything legal.” In another example, from December 2006, responding to accusations of wrongdoing, Blago bloviated, “It’s absurd, ludicrous, ridiculous, outlandish, OK? Accusations by scoundrels, OK?” Yet, note he didn’t say, “It’s untrue!” And most deliciously – from the Trib’s standpoint – three days ago, after Blago was arrested, they got to print this affectionate “shout out” to him:

“You used to be a regular at our editorial board. But you haven’t been here since March 8, 2007. We remember your pledge that day to return and to speak with us about the federal investigation. After that meeting concluded, you sidestepped a question about whether you had been interviewed by federal authorities since 2005, saying you weren’t at the meeting to discuss those matters but would set up a time to do so later.

‘I’m happy to make an appointment, talk to you guys about that,’ you said that day. ‘But I feel real good about all the different things that we do because we follow the rules and we do things right and at the end of the day, as they say in the Bible, the truth shall set you free. The truth is what it is. And the truth is we do things right.’

Governor, let’s make that appointment. Your press staffers can contact us, and we’ll certainly be reaching out to them. . . .”

Birthday Wishes from All Over. Speaking of “reaching out” to the Un-Governor, there seems to be no end in sight of those who took the time to send along birthday wishes today. Legislators of all stripes, including all 50 Democratic Senators, suggested Blago take a birthday break from the job of governing, and promised to arrange impeachment as a way to quicken Blago’s vacation send-off. President-Elect Obama, in his most direct statement on the matter, added his name to a vote for a quick and long holiday for Blago. Illinois Senator Dick Durbin urged Blago to not merely resign, but to, basically, close his mouth completely for the foreseeable future, and, reading between the lines of the Senator’s statement, to certainly, at the very least, not construct any sentences with the words “Senator,” “appointment powers,” “vacant seat,” or “f**k” in them.

Though many urge action, the solutions to Blago-Ditch are not obvious, practicable, quick, or certain, particularly since Blago may attempt to exercise his appointment power regarding the vacant Illinois U.S. Senate seat at any time and without oversight. Impeachment has, of course been mentioned, as has simple legislation that would remove the appointment power from the Governor. Another suggestion calls for the legislature to authorize a special election for the vacant seat. In addition, the Chicago Tribune reported today that,

The state’s chief law enforcement officer is prepared to invoke an obscure Illinois Supreme Court rule under which the state’s seven justices could vote to oust a sitting governor deemed unfit for office.

. . .

The state Constitution doesn’t explicitly indicate an officeholder can be ousted by the court or by impeachment if that person faces criminal charges. Instead, the Constitution uses terms such as “failure to qualify” or “disability” in laying out causes to impeach someone.

The Supreme Court rule allowing justices to wade into the issue of gubernatorial fitness is even less defined, saying only that the court has authority to determine “the ability of the governor to serve.”

Finally, as pointed out here yesterday, under Article 1 of the Constitution, the Senate is empowered to set the requirements for its own membership, and thus, in the final analysis, may undo any fancy footwork Blago may attempt. Each proposal, however, has legal and practical problems associated with it. For example, the Illinois legislature is not presently in session, the Illinois Supreme Court “solution” appears fraught with constitutional questions, most of the proposed solutions take time, and evidentiary needs for impeachment proceedings may compromise the federal cases against Blagojevich and Harris. Politically, as its first topic of business in the 111th Congress, does the newly constituted Senate Democratic majority relish the thought of intervening post facto to remove a Blago appointment, particularly when they may also be quickly called upon to referee and decide the Al Franken vs. Norm Coleman Minnesota Senatorial election?

Clearly, this scandal, as they say, has “legs,” not merely regarding Blago and Harris, his codefendant Chief of Staff, but also as it trots off in other directions leading to revelations about the contacts, if any, made by Blago or Harris in their various alleged schemes, especially the sale of the vacant U.S. Senate seat. Already, today, Rep. Jesse Jackson, Jr. (D-IL), outed as the federal complaint’s “Senate Candidate 5,” had to deny any involvement in the Senate seat controversy and to reiterate that the FBI has assured him he is not a target of the investigation. Since the federal complaint appears to indicate multiple individuals (unnamed) as being in Blago’s sights as potential competitors for the open Senate seat, more Illinois Democrats appear likely to be drawn into the scandal, however innocently.

“Sir, A Citizens Group Requests a Meeting.” So, what might be the quickest solution to all this Blago-business? Perhaps a citizens march on the Guv’s office . . . ?

Illinois Citizens Peacefully Petition Governor Blagojevich to Resign

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