By all accounts, the Governor of West Virginia wants to appoint a caretaker to the Senate to replace Sen. Robert Byrd so that the governor himself can run for office in 2012.  Isn’t that in a sense worse than what Gov. Blago did in Illinois?
In West Virginia, the current governor really wants Byrd’s old Senate seat for himself.  So he’s likely to appoint a caretaker, and since he is term limited, run for the Senate in 2012.  What this implies is that the interim candidate will be chosen WITH THE HIDDEN STIPULATION that he/she will not run again.  This really is designed for the personal wealth, power, and gain of the current Governor.

The Washington Post http://www.washingtonpost.com/wp-dyn/content/article/2010/06/28/AR2010062805120.html?hpid=topnews highlights this strategy:


“Democratic sources, who spoke on the condition of anonymity to discuss internal party deliberations, said they expect Manchin to appoint a caretaker senator, just as Sen. Ted Kaufman (D-Del.) was selected to replace his former boss, Vice President Biden, knowing he would not run in the special election to succeed Biden permanently. This is because Manchin is widely seen to have an eye on the Senate race in 2012, when his second term is up.”

Now contrast this with what Gov. Rod Blago is alleged to have done in Illinois about Obama’s open senate seat.  Information from the Chicago Times, the Sun Times, and trial transcripts indicate that unlike the W. Va. Governor, Blago had no design personally on the open seat.  In fact, he brainstormed with his chief aide, Harris, about over 20 candidates including Oprah Winfrey and Arnold Schwarzenegger.  In none of this, was there a sense that Blago would personally gain anything.  Blago even mulled over finding and picking a “Black Einstein” or a “Mother Theressa type” and once again, had he found such a person, it is unlikely that he/she would have added anything to Blago personally.

Witness this trial transcript of a tapped phone call between Harris and Blago:

HARRIS :  “I mean thinkin’ about the Oprah thing, I think that’s crazy.”

BLAGO:  Yeah, see that’s where you’re wrong.  


HARRIS:  “I don’t know what her value system is or anything like that.”

BLAGO:  “Well, she’s the king maker.  She made Obama.  We know she’s a Democrat.  We know she’s for Obama.”
…she’s so high up there that nobody can assail this pick. This would be huge.”

Importantly, there is no mention of a money kickback or other quid pro quo with either Oprah or Arno.  

Two other important points from the Harris telephone transcript replayed at trial:

  1.  it is obvious that Blago relied on attorney Harris’s legal advice.  He asks him, for example, to check out how long the Illinois legal residency requirement is for a Senatorial pick. (“Just make sure we know exactly what the law is and then, again, far fetched and Oprah by the way is not far fetched. The odds of her takin’ it are fuckin’ slim and none.”) At no point does Harris, a witness for the prosecution, tell Blago that it is illegal to pick someone in return for financial favors.
  2.  at many points throughout the call, Blago makes it clear that he wants a variety of people to be considered for the office, again with no quid pro quo.

For instance, they discuss Melody Spann-cooper and other options:

BLAGO:  “African American woman.  …quietly look into her.

HARRIS:  Mm-hmm.

BLAGO:  Linda Johnson Rice, Johnson Publishing.

HARRIS:  Okay.

BLAGO:  …Gery Chino…

HARRIS:  Right, right, right.  

BLAGO:  …right now we’re stuck in the mud.  No one’s coming up with new ideas or new people.  …”

I suggest that looking at these tapped telephone transcripts in toto that they are NOT devastating to Blago and that indeed they are helpful.  They show someone wrestling with choosing the right candidate AND I SEE, OVER PAGES OF TESTIMONY, little consideration by Blago of a quid pro quo. In fact, Blago at one point asks Harris “Is there a Mother Theresa type out there?” It’s hard to spin that line with a guy looking out for profit.  But I also haven’t waded through all of the voluminous testimony.  All in all, this might be less of a slam dunk prosecution than we have been led to believe.  

For trial transcripts and testimony, see http://www.justice.gov/usao/iln/hot/us_v_blagojevich_exhibits/2010_06_28/transcript_11_21_2008_1035a

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