Blago Again

If Governor Blagojevich is feeling persecuted these days because of the way he is being treated by politicians and commentators, his reaction can scarcely be deemed paranoid. One time, people shouted "unclean" when an unfortunate leper came into view. Poor Blago must have similar feelings of rejection because he is certainly getting the leper treatment. Patrick Fitzgerald, the chief prosecutor, denounced him publicly for behavior that, he said, was so reprehensible that Abraham Lincoln was turning in his grave in disgust. Yesterday’s New York Times editorial, normally a place for sane and balanced judgment, talked about the "crass rantings" of a "discredited blowhard." Even President-elect Obama and Senate Majority Leader, Harry Reid, have rejected out-of-hand the Governor’s choice of a distinguished former Illinois attorney general, Roland Burris, to fill the vacant Senate seat because, in their view, he is tainted by dealing with the Governor.

What did Blagojevich do to merit such obloquy, such utter condemnation? Why has he been consigned to a corner of the politicians’ hell below Richard Nixon? Did he murder somebody or, at least, arrange for some opponent to be maimed? We hear that Chicago politics is notoriously rough, but, as far as we know, Blago has not laid a finger on anybody. Have he and his family enriched themselves, because of his powerful office? Has his bank balance – or his wife’s – grown dramatically during his years in Illinois politics? Is there money missing from some public funds? Were contractors persuaded to do renovations on his home for special low rates? Again, there seems to be no suggestion of personal monetary gain. Now, these two areas, bribery and bullying, are the two main indications of political corruption, so why is this man in such trouble?

There is no doubt that construction and consultancy companies were expected to contribute to his campaign funds. It seems that he, or, more often, his hirelings, made very clear and exorbitant demands for contributions at various fundraisers. Unfortunately, these kinds of shakedowns are common throughout the United States – and beyond. Of course, if there was any threat made, or if the awarding of a contract was directly tied to monetary contributions, then the line would have been crossed to illegal behavior. Fitzgerald did not assert that Blago or his cronies crossed that line.

What then about the Senate seat? What went on there? It is clear that about six people were being considered by the Governor. It is also clear that he knew this was a big appointment that could add substantially to his political coffers – half a million dollars and even more was talked about. However, only one of the possible six was at all interested in discussing the monetary possibilities here. Large sums were talked about between some rich supporters of Jesse Jackson Jr. and some of the Governor’s aides. Blagojevich himself may have been involved; certainly, they have him on tape ruminating about the financial possibilities here. However, Jackson has adamantly refuted any suggestion that he or his staff had a discussion about any deal.

To establish illegal behavior by the Governor, Fitzgerald must establish that a quid pro quo was established between the awarding of the job in the Senate and payment of money. Vague delusional talk about possible payola has no legal standing. Towards the end of Synge’s great drama "The Playboy of the Western World," Pegeen Mike makes a memorable statement that is very apropos here: “There is a big difference between a gallows story and a dirty deed.”

Of course, there are ethical considerations in this whole, sorry episode, and in this area, Blagojevich fares very poorly. He seems to only consider the monetary implications for his campaign in his decisions. He is a cad who treats his staff very curtly. Blago is not a nice man, but nobody so far, and certainly not the hyperbolic Fitzgerald, has shown me where he broke the law.

Will the Governor’s senate nominee, Mr. Burris, be seated in Washington? Can Harry Reid and Barack Obama veto his choice? I am not a lawyer, but I have read the debate about it, and I feel certain that Blago’s appointment is legal and will be upheld by the courts. We will see in the next few weeks.