Blagojevich recordings played at impeachment trial
Illinois governor called Obama seat vacancy 'golden,' FBI agent says
Last Updated: Tuesday, January 27, 2009 | 8:52 PM ET
The Associated Press
Illinois state senators heard for the first time on Tuesday FBI recordings of Gov. Rod Blagojevich that are part of the corruption investigation leading to impeachment proceedings against him.
The allegation at the centre of the tapes played for senators is that Blagojevich pressured John Johnston, owner of two Chicago-area harness-racing tracks, to donate money by the end of 2008, when a new ethics law would restrict donations.
Prosecutors say Blagojevich threatened not to sign legislation giving tracks a portion of casino-generated revenue unless he got the donation.
It's not clear whether Johnston ever made a donation; federal prosecutors have seized Blagojevich's campaign records. Johnston has not been charged with any illegal activity.
U.S. Attorney Patrick Fitzgerald is keeping most of the recordings secret, but permitted senators to hear the material dealing with just the horse track allegation.
The recordings played Tuesday — about five minutes worth — represent only a handful of the many made during the federal investigation.
One person on the recordings assures Blagojevich that one track owner "is good for it" and just has to decide "what accounts to get it out of." Another assures him the track owner knows he must keep his "commitment" soon.
Blagojevich replies with comments like "good" and "good job."
Legislation sought by the racing industry had been sent to the governor's desk, and on the tapes, he tries to reassure a racing lobbyist by saying he hopes "to do this so we can get together and start picking some dates to do a bill-signing."
Boycotting trial
Senators conducting the trial, which Blagojevich is boycotting though it could remove him from office within days, listened intently as the fuzzy, indistinct conversations echoed through the room.
In the recordings, neither the governor nor the others on the call — the governor's brother and chief fundraiser Robert Blagojevich and former chief of staff Lon Monk, officials say — specifically mentions money or any amounts.
But earlier in the day, an FBI agent testified that Blagojevich called U.S. President Barack Obama's vacant U.S. Senate seat a "golden" opportunity that could help him make money.
Again and again, agent Daniel Cain told state senators he had accurately quoted Blagojevich in a sworn affidavit filed when the governor was arrested last month on federal corruption charges. At each stage, House prosecutor David Ellis displayed the most damning quote on a poster board.
The affidavit quoted Blagojevich as saying his power to name a replacement to Obama's vacant Senate seat was a "valuable thing, you just don't give it away for nothing."
Ellis asked whether that was accurate.
"Yes," Cain replied.
"Did he say, 'I've got this thing, and it's [expletive] golden, and uh, uh, I'm just not giving it up for [expletive] nothing'?" Ellis asked.
"Yes," Cain said.
"Did he say, 'I want to make money'?" Ellis asked.
"Yes," Cain replied.
Media campaign
While the impeachment prosecutor used Blagojevich's own words against him, the Democratic governor was in New York for the second day of a media tour focused on portraying the impeachment as unfair and politically motivated.
Blagojevich has said the trial is meant to get him out of the way so Springfield insiders can raise income taxes. He also said the state senate's trial rules are so biased that he can't present a real defence.
Neither the prosecution nor the defence is allowed to summon any witnesses whose testimony might interfere with federal prosecutors' criminal case against Blagojevich, although their public statements could be introduced as evidence.
But Blagojevich has not asked to call witnesses or present any evidence at all, and said he does not plan to participate in any way.
Senate president John Cullerton said it's not too late for Blagojevich to defend himself at the impeachment trial instead of pleading his case to the media.
Seats for Blagojevich and his attorney sat empty in the senate chamber, where Illinois Supreme Court Chief Justice Thomas Fitzgerald has ordered the trial to go forward as if Blagojevich had entered a not- guilty plea.
Blagojevich was arrested Dec. 9 on a variety of corruption charges, including allegations he schemed to benefit from appointing Obama's replacement and demanding campaign contributions in exchange for state services.
He has denied any wrongdoing.
His arrest triggered impeachment proceedings in the Illinois legislature, where legislators have spent six years butting heads with Blagojevich. The house voted 117-1 to impeach Blagojevich — the only "no" came from his sister-in-law — and now the senate is conducting a trial on whether to remove him.
Blagojevich mulling legal action
In an interview with the Associated Press, Blagojevich did not directly answer when asked whether he will step aside quietly if convicted by the Illinois senate but said he was considering legal action if that occurred.
"I'll respect the law and the Constitution and the rules," he said. "And whether or not there are legal remedies to pursue beyond this, we haven't really discussed ... but I'm not going to rule out what some of those options might be."
Blagojevich, who says he expects to be removed from office soon, also said he hasn't done anything to prepare state government for the switch to a new governor.
"This was completely unexpected and not something that we envisioned happening. It's all happened so fast," he said. "The answer is no, I have not."
Blagojevich doesn't deny making the comments alleged by federal prosecutors. But he says they were taken out of context and don't amount to anything illegal.
"In the end, a lot of it was talk and exploring ideas," Blagojevich told the Associated Press. "I never, ever intended to violate any criminal law."
No other Illinois governor has been impeached, let alone convicted in a senate trial. It would take a two-thirds majority — or 40 of the 59 senators — to remove Blagojevich. The senate also could bar him from ever again holding office in Illinois.
If the senate votes to oust Blagojevich, Democratic Lt. Gov. Patrick Quinn would replace him.
The outcome of Blagojevich's impeachment trial has no legal impact on a separate criminal case brought against the governor by the federal government. No trial date has been set on those corruption charges.
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