A Just Cause (14 page)

The Final Proceedings

Over the New Year's holiday the Speaker and his staff had to make some decisions. Since the first conversation between Ellis and Madigan on the day of the governor's arrest, both men were conscious of the political ramifications of what was taking place. The impeachment resolution had to justify cause, not only for the house to concur but also to satisfy enough members of the senate to convict the governor and remove him from office. Looming above legislative tactics was the perception of the public and the media. The decisions weighed heavily. Never before had the Illinois legislature removed a state officeholder, and the world was watching. The reason to remove had to be convincing. The house investigative committee had considered tangible evidence of maladministration; both the auditor general's audits and the JCAR controversy provided solid criteria. Contracts and procurement involved tantalizing circumstances but would require further investigation to develop concrete evidence. Negotiations with the senate had started concerning the senate's trial rules. Removal of Rod Blagojevich had shifted into high gear. It was time to end the investigation, pass the impeachment resolution, and start the senate trial.

The governor's defense counsel chose not to attend the January 7 hearing. Genson had put on his defense; there was nothing more he could do. Without opposing counsel, the investigation committee met to consider one more investigative report that could provide damaging evidence of Blagojevich's misdeeds. In 2006 Ray Long, a reporter for the
Chicago Tribune
, disclosed a 2004 report by the governor's inspector general, Zaldwaynaka “Z” Scott, which found that Blagojevich's office circumvented hiring laws.
The report found that the governor's office had falsified hiring records, ignored veterans preference requirements, hired unqualified employees, and falsified some employees' experience and qualifications.
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Z Scott's report was from Blagojevich's first term, but the confidential report had not become known to legislators until it was leaked to the press in 2006. Blagojevich was running for reelection when the irregularities were reported in the
Tribune
, and Illinois attorney general Lisa Madigan confirmed that a federal probe of “endemic hiring fraud” was under way.
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That fall the Blagojevich administration began to come apart. Confidants Chris Kelly, Tony Rezko, and Stuart Levine were subjects of the federal investigation called Operation Board Games, and all had been named in federal indictments. All three would later be convicted. Even Blagojevich's wife, Patti, was the subject of an investigation concerning commissions paid to her real estate company by individuals who received state contracts. A most troubling issue was a $1,500 check given to Blagojevich, ostensibly as a birthday present for his seven-year-old daughter, by a job seeker. Nevertheless, Blagojevich won reelection and began his second term.

Barbara Currie explained that the report, under state statutes, was confidential. The investigative committee had subpoenaed the full Z Scott report from the Executive Ethics Commission, which then consulted the attorney general for direction on whether to comply with the committee's subpoena. The attorney general found that the information in the report was necessary for the committee's work, which took precedence over confidentiality.
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The dependable Lou Lang summarized the findings for the committee. The report focused on complaints occurring in the Department of Employment Security. The report concluded that the governor's Office of Intergovernmental Affairs had directed the department to bypass state protocol.
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Lang read off a litany of irregularities, including the firing of a human relations director for hiring a qualified employee rather than following the direction of the Office of Intergovernmental Affairs to hire the person it had chosen. Lang was precise, reading off page and paragraph numbers from Z Scott's report. His presentation was damning and showed hard evidence of wrongdoing as standard procedure in the governor's department. The committee had another arrow in its quiver.

During the New Year's break, Ed Genson had engaged in back-channel discussions with members of the legislature concerning an arrangement whereby Blagojevich would temporarily step down from his post, as provided in the Illinois Constitution.
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He would still be paid and retain his
bodyguards. Lieutenant Governor Pat Quinn would assume the duties of governor, the impeachment would be suspended, state government would go on, and Blagojevich could concentrate on the criminal indictment that was sure to follow. Genson also advised his client not to make an appointment to fill the vacant US Senate seat created by Barack Obama's election. He did not want his client to take what could be interpreted as a presumptuous and hostile action, given the governor's circumstances.
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But Genson's entreaties to Blagojevich were ignored. It was becoming clear to Genson that the governor preferred the more aggressive approach and flamboyant style of the Adam father-and-son legal team. The client was disregarding his seasoned defense attorney's advice more and more, and the relationship between Genson and the Adam team was becoming strained. In fact, Blagojevich had not been returning Genson's phone calls.
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In consultation with Sam Adam Jr., Blagojevich decided to appoint Roland Burris to succeed Barack Obama in the US Senate. Burris's name was well known in Illinois politics. He had held the offices of Illinois comptroller and attorney general and had run against Blagojevich during the 2002 primary election for governor. He was African American, a necessity seen by some for Barack Obama's successor, and he was not one of the individuals identified in the taped conversations. But as Durkin put it, Roland Burris was not “pure as the driven snow” as many claimed.
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The 2002 primary had been a three-way race among Blagojevich, Burris, and a former Democratic senate staffer and former Chicago school superintendent, Paul Vallas. Vallas had been running well, and it was rumored that Burris was thinking of withdrawing from the race. But then Burris mysteriously received a loan for $1.2 million from a Mr. Stroud, a name not well known in political circles, and he stayed in the race and ostensibly took votes away from Vallas. The loan was never repaid.
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Over the New Year's break Blagojevich announced the appointment of Burris to Obama's seat, and it started a national media frenzy. Burris traveled to Washington to meet with Democratic leaders in the senate. They were not pleased. Burris, surrounded by reporters, photographers, and his attorney, held an impromptu press conference after meeting with Illinois senator Richard Durbin and US senate leader Harry Reid. He expressed astonishment that anyone would challenge his integrity. “You know me, I'm Roland,” he said. Republican Jim Durkin immediately sent a letter to David Ellis requesting that Burris appear before the committee. Durkin recalled that the initial reaction by the Democrats was dispassionate. Lang
told Durkin that Burris had nothing to do with the charges being explored by the committee and that he would not receive any new information.
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Durkin was adamant. The Democrats had controlled the entire investigative hearing. Republicans had not been consulted concerning witnesses, played a minor part in forming the committee agenda, and had little input in the final committee report. It was business as usual for the Republicans. The Democrats had controlled the Illinois house for decades, except for a short two-year period when the Republicans gained the majority and Lee Daniels, the Republican leader from Elmhurst, was elected Speaker. Michael Madigan had been Speaker since 1983 except for those two years. Democratic control had become institutionalized and became the legislative temperament, and it could be sharp elbowed. Blagojevich's appointment of Burris was an embarrassment to the Democrats; legislative leaders had discussed the political fallout of a Burris appointment since November. Durkin seized the opportunity to exploit the situation and have a Republican moment in the sun. The Democrats had little choice but to accede to Durkin's demands. Thus on January 8, the last day the investigative committee met, Burris was called as a witness.

The Burris appointment had become an extension of the Blagojevich circus and soon became a national media event. For Republicans, it was a chance at last to score political points. For the Democrats, the Burris appearance was something to be endured. They opted for a “rope-a-dope” defense. Burris's appearance satisfied Durkin's insistence, and Democrats attempted to simply intercept any political fallout. The only enthusiastic inquisitors were Republicans. Prior to the meeting the Democratic staff had already distributed the final committee report. The committee had what it needed; the investigation was over.

Durkin began the questioning by exchanging pleasantries with Burris and then asked him what his thoughts were on hearing of the governor's arrest. The question was immediately challenged by John Fritchey, and the room became tense. It rapidly became clear that the Democrats intended to protect the witness. Interrupted by challenges from Fritchey, Lang, and Burris's attorney, Timothy Wright III, Durkin attempted to establish Burris's business connections and background, including the state lobbying he had performed during the Blagojevich administration and contributions he had made to the governor's campaign. Burris said that he had no conversations with the governor after his arrest until he was offered the senate seat. He testified that he had received a call from Sam Adam Jr. in the late
afternoon on December 26; Adam had something important to discuss and later that evening stopped by Burris's home. Burris claimed that Sam Adam Jr. was like a son to him and he had known him for years. Later that evening Adam asked if he would accept the appointment to fill Barack Obama's senate seat. Burris said he talked it over with several friends, and two days later he confirmed with Adam that he would accept the senate seat. The governor called a short while later and offered the seat.
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Durkin turned to the controversial loan of $1.2 million from a Mr. Stroud under the name of the company Telephone USA Investments. The loan to the Burris campaign was suspicious; it was the largest exchange of money to a campaign committee in Illinois history, and the only other campaign contribution from Telephone USA Investments was one for $100,000 to Blagojevich in 2006. Burris responded that the $1.2 million was a loan and it was never paid back because the campaign committee was dissolved. The loan was still outstanding. Lang, the committee monitor, immediately objected to the relevance of Durkin's questioning. Durkin kept probing, and Currie suggested that Durkin end this line of questioning quickly.
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Burris was unswerving; he had not had conversations with Stroud about repaying the loan, and his campaign committee was dissolved. Durkin continued to verbally spar with the Blagojevich appointee, asking hypothetical questions and soliciting opinions as he tried to establish a past connection with Blagojevich, but he had scored all the political points he could. Burris was not offering anything that Durkin did not know, and the Democrats wanted the exercise to end.

Attempting to discredit the Burris appointment, the Republican members continued to ask follow-up questions. But the exercise seemed procedural. The history and possible mischievous deeds of Burris and the governor would remain a mystery. They would not be discovered through questioning from the Republican committee members. An exchange between Republican representative Roger Eddy of Hutsonville and Ed Genson drew little audience attention but portended future events. There was major tension between the defense counsels. Addressing Burris, Eddy said he thought it curious that the governor's defense attorney, Sam Adam Jr., would play any role in the appointment of Barack Obama's successor. Genson and Adam were both in attendance for Burris's appearance. Somewhat irritated, Genson interrupted and emphatically stated that Sam Adam Jr. was not a defense attorney. “Mr. Adams [
sic
], Jr., does not, has not, and will not represent Governor Blagojevich in the criminal case,” he said.
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Later events would prove Genson's statement to have been a sad misconception. Genson had misjudged his client and fellow attorneys. He had brought Adam and later his father into the case, and their subsequent conduct prompted him to leave the case.
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The Adamses' approach to the defense differed dramatically from Genson's, and Blagojevich made his choice. He ignored Genson's advice not to appoint Barack Obama's senate successor, taking the advice of Adam and appointing Burris. Genson counseled restraint and dignity. Instead, Blagojevich hired a public relations firm and made appearances on
Late Night with David Letterman, The View
, and
Larry King Live
, taking his appeal to a national audience.
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There he attacked Patrick Fitzgerald, Michael Madigan, John Cullerton, and the Illinois legislature. The Burris appointment was a sign of what was to come: Adam and his father would represent the governor in his criminal proceedings, and Genson would leave the case.

Prior to his appearance, Burris had filed a sworn affidavit with the committee. After the committee hearing, he filed another affidavit to supersede the original one. Madigan ask the Sangamon County state's attorney to investigate, but an investigation did not follow. After some complimentary statements by Democratic members, meant to show partisan support, Burris was excused. The committee went into recess.

When the committee reconvened after the recess, it met for the last time. One item was still outstanding. The house Democratic leadership was conscious of Blagojevich's popularity in the African American community and worried about black house members balking at a vote to impeach. They were especially concerned about black members in the senate. Monique Davis had served in the house since 1987, represented a district on Chicago's far South Side, and had been appointed by the Speaker to the investigation committee. She introduced a written statement from Brenda Gold, who had been terminated from the Illinois Department of Transportation for allegedly investigating hiring practices that discriminated against African Americans. “There are a lot of African American people who feel that this Governor has been extremely good and kind to them,” she said, “but when they look at these kind of practices, and this is just one example, they will know that this Governor carried his vendetta against people for no reason to a large extent, which was very harmful to the state.”
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Gold's statement became the committee's Exhibit 70 and provided justification—cover—for wavering members.