
ONE THING CAN BE SAID FOR IL GOV. ROD BLAGOJEVICH: HE DOES HAVE GUTS OF STEEL!
By Glenn S. Reiner
NO ONE WILL EVER ACCUSE Illinois Gov. Rod Blagojevich of buckling under pressure. No matter how you feel about him, you have to give the man his due.
He offered proof positive again today announcing to a national televised audience his appointment of former Illinois Attorney General Roland Burris to replace President-elect Barack Obama in the U.S. Senate.
I have to admit I feel quite ambivalent about the governor’s current legal and political issues. While I’m sure his ploy to sell the president-elect’s Senate seat is a clearly-defined ethics violation, I don’t honestly believe he has committed a crime. And I am not ready to convict him quite yet, not at least until I can completely examine all the facts, as well as the case law as it pertains to his actions.
So just what are the facts?
Well, for one thing, they haven’t even been presented yet in their entirety to a trial judge and jury. Like you, all I know is what U.S. Attorney Patrick Fitzgerald has disclosed to the media.
I have no idea what the governor’s defense is, which his attorneys smartly won’t reveal until the government takes their client to trial, following a full disclosure of its entire case to them beforehand. That hasn’t happened yet.
So in truth, we don’t know all the facts — only a portion of them.
With respect to case law, the Eighth Amendment to the U.S. Constitution provides Blagojevich with the same presumption of innocence until guilt is proven that you and I are entitled to.
Therefore, I have to honor the man’s constitutional rights and wait until, and if, his case goes to court.
The wire-tap tapes released to the press by Fitzgerald clearly establishes Blagojevich sought money and future favors in exchange for Obama’s seat. But I don’t believe this, on its face, violates federal law.
What the tapes do not establish is the governor following up on his rhetoric and actually committing the act, which would no doubt be illegal.
Let me offer an analogy: When a drug dealer offers to make a sale to an undercover cop, he hasn’t yet committed a crime and cannot be arrested. It’s only when he actually exchanges the dope for cash that the officer can slap the cuffs on him.
Another good comparison is when a married person attempts to hire a hit man to off their spouse but ends up with an undercover homicide detective instead. Before the detective could legally arrest that person, he has to ask them, “Are you sure you really want to go through with this?” In fact, many ask twice. If the person changes their mind and no money has been exchanged, charges cannot be filed.
Therefore as current governor of the great state of Illinois, Blagojevich – until convicted or extricated from office by the Illinois legislature — has every legal right to carry out the responsibilities of his office. This includes the Senate seat appointment.
“The people of Illinois are entitled to have two United States senators represent them in Washington, D.C. As governor, I am required to make this appointment. If I don’t make this appointment, then the people of Illinois will be deprived of their appropriate voice and vote in the United States Senate,” Blagojevich said at today’s press conference.
And he’s 100 percent on the money as far as I’m concerned. Not only are Illinois citizens entitled to two senators when the new Congress convenes in less than a week, but the Senate Democrats deserve to be fully staffed as well when Senate Majority Leader Harry Reid commences the new Senate.
In all fairness, I believe the governor made a very intelligent choice in the notably rational and political squeaky-clean Burris, who apparently has all the makings of the perfect successor to Obama.
“Very, very low key,” said Don Rose, a former Democratic political consultant in Chicago, describing Mr. Burris, 71, to the New York Times. He’s just not a terribly exciting figure. But there’s never been a breath of scandal about him.”
Democratic Senators can threaten to block Burris from taking being seated all they want, but that would be unconstitutional.
I sincerely doubt there is a federal judge in this country, at any level, who would side against the currently sitting governor. And the Eighth Amendment leaves absolutely no room for partisan judicial interpretation.
To do so, would violate the oath that judge took to “uphold, protect and defend the constitution” — subjecting him/her to possible impeachment and subsequent removal from the bench.
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On January 15, 2008, Roland Burris was admitted into the U.S. Senate with the blessings of Senate Majority Leader Harry Reid and Assistant Majority Leader Dick Durban, Illinois’ senior senator — filling Barack Obama’s vacated seat.




