# Gov. of Illinois arrested re: bribery filling Obama's seat -- who gets to choose? **URL:** \ **Category:** Factual Questions\ **Created:** [December 9, 2008, 4:34pm UTC](https://boards.straightdope.com/t/gov-of-illinois-arrested-re-bribery-filling-obamas-seat-who-gets-to-choose/476405 "2008-12-09T16:34:49Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![ratatoskK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ratatoskk/32/2987_2.png) [@ratatoskK](https://boards.straightdope.com/u/ratatoskK)\ **Post date:** [December 9, 2008, 4:34pm UTC](https://boards.straightdope.com/t/gov-of-illinois-arrested-re-bribery-filling-obamas-seat-who-gets-to-choose/476405/1 "2008-12-09T16:34:49Z")
This article in the [NY Times](http://www.nytimes.com/2008/12/09/us/politics/10Illinois.html?hp) says that the Governor of Illinois has been arrested today on charges of corruption re: filling the Senate seat to be vacated by Barack Obama when he becomes President. The article says: > [@](#): > > Under Illinois law, Mr. Blagojevich has sole authority to fill the seat being vacated by Mr. Obama, who was elected to the Senate in 2004. My question is, since the Gov. is under arrest, can he still appoint the replacement? Or can he delegate the responsibility to someone else (if so inclined)? ---
**Author:** ![muttrox](https://avatars.discourse-cdn.com/v4/letter/m/a8b319/32.png) [@muttrox](https://boards.straightdope.com/u/muttrox)\ **Post date:** [December 9, 2008, 4:38pm UTC](https://boards.straightdope.com/t/gov-of-illinois-arrested-re-bribery-filling-obamas-seat-who-gets-to-choose/476405/2 "2008-12-09T16:38:48Z")
IANAL. It seems to me that as long as he is still Governor, he has the authority. Being arrested is not being charged, is not being tried, is not being convicted, is not being removed from office. ---
**Author:** ![Chief\_Pedant](https://avatars.discourse-cdn.com/v4/letter/c/a6a055/32.png) [@Chief\_Pedant](https://boards.straightdope.com/u/Chief_Pedant)\ **Post date:** [December 9, 2008, 5:46pm UTC](https://boards.straightdope.com/t/gov-of-illinois-arrested-re-bribery-filling-obamas-seat-who-gets-to-choose/476405/3 "2008-12-09T17:46:32Z")
> [@muttrox](#): > > IANAL. It seems to me that as long as he is still Governor, he has the authority. Being arrested is not being charged, is not being tried, is not being convicted, is not being removed from office. I agree, but I don’t think it’s so much a question for lawyers. It’s more of a practical question since the reason he got cuffed is trying to sell the job. So anyone now appointed has a bit of a cloud. Thank goodness for Mr Obama. The rest of Illinois politicos seem like losers. ---
**Author:** ![gonzomax](https://avatars.discourse-cdn.com/v4/letter/g/e8c25b/32.png) [@gonzomax](https://boards.straightdope.com/u/gonzomax)\ **Post date:** [December 9, 2008, 5:50pm UTC](https://boards.straightdope.com/t/gov-of-illinois-arrested-re-bribery-filling-obamas-seat-who-gets-to-choose/476405/4 "2008-12-09T17:50:02Z")
Wonder what the going rate for Sen. is? You don’t get a lot of opportunity to sell something like that. Seems both governor and senator will soon be on the market. ---
**Author:** ![Convict](https://avatars.discourse-cdn.com/v4/letter/c/ad7895/32.png) [@Convict](https://boards.straightdope.com/u/Convict)\ **Post date:** [December 9, 2008, 5:57pm UTC](https://boards.straightdope.com/t/gov-of-illinois-arrested-re-bribery-filling-obamas-seat-who-gets-to-choose/476405/5 "2008-12-09T17:57:40Z")
It’s my understanding that the only ways to prevent Blago from appointing anyone to the Senate would be impeachment or an emergency session of the Illinois Congress to change the law. Either action would have to take place NOW. Blago can plead not guilty today and then immediately announce someone for that seat. There is nothing to prevent him from doing so. IANAL, etc… ---
**Author:** ![HeyHomie](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/heyhomie/32/207_2.png) [@HeyHomie](https://boards.straightdope.com/u/HeyHomie)\ **Post date:** [December 9, 2008, 6:03pm UTC](https://boards.straightdope.com/t/gov-of-illinois-arrested-re-bribery-filling-obamas-seat-who-gets-to-choose/476405/6 "2008-12-09T18:03:26Z")
> [@Convict](#): > > It’s my understanding that the only ways to prevent Blago from appointing anyone to the Senate would be impeachment or an emergency session of the Illinois Congress to change the law. Indeed. Local (central Illinois) media are speculating that impeachment proceedings will begin before the end of the week, if not before the end of the day. ---
**Author:** ![muttrox](https://avatars.discourse-cdn.com/v4/letter/m/a8b319/32.png) [@muttrox](https://boards.straightdope.com/u/muttrox)\ **Post date:** [December 9, 2008, 6:05pm UTC](https://boards.straightdope.com/t/gov-of-illinois-arrested-re-bribery-filling-obamas-seat-who-gets-to-choose/476405/7 "2008-12-09T18:05:31Z")
> [@gonzomax](#): > > Wonder what the going rate for Sen. is? You don’t get a lot of opportunity to sell something like that. Seems both governor and senator will soon be on the market. The article said the opening bid was $500,000. ---
**Author:** ![BarnOwl](https://avatars.discourse-cdn.com/v4/letter/b/e95f7d/32.png) [@BarnOwl](https://boards.straightdope.com/u/BarnOwl)\ **Post date:** [December 9, 2008, 6:22pm UTC](https://boards.straightdope.com/t/gov-of-illinois-arrested-re-bribery-filling-obamas-seat-who-gets-to-choose/476405/8 "2008-12-09T18:22:10Z")
> [@Convict](#): > > It’s my understanding that the only ways to prevent Blago from appointing anyone to the Senate would be impeachment or an emergency session of the Illinois Congress to change the law. Either action would have to take place NOW. Blago can plead not guilty today and then immediately announce someone for that seat. There is nothing to prevent him from doing so. > > IANAL, etc… But who’d take it? Okay, Tom Delay. Maybe, Newt. If there’s no IL residency requirement. ---
**Author:** ![YogSothoth](https://avatars.discourse-cdn.com/v4/letter/y/8edcca/32.png) [@YogSothoth](https://boards.straightdope.com/u/YogSothoth)\ **Post date:** [December 9, 2008, 6:25pm UTC](https://boards.straightdope.com/t/gov-of-illinois-arrested-re-bribery-filling-obamas-seat-who-gets-to-choose/476405/9 "2008-12-09T18:25:34Z")
I wouldnt want to be the guy appointed to the senate seat by a governor under arrest. Then again, people forgave or forgotten Tom Delay, so anything’s possible ---
**Author:** ![BarnOwl](https://avatars.discourse-cdn.com/v4/letter/b/e95f7d/32.png) [@BarnOwl](https://boards.straightdope.com/u/BarnOwl)\ **Post date:** [December 9, 2008, 6:25pm UTC](https://boards.straightdope.com/t/gov-of-illinois-arrested-re-bribery-filling-obamas-seat-who-gets-to-choose/476405/10 "2008-12-09T18:25:55Z")
I tried to erase my post,above, after realizing this was GQ and we have to avoid political snark. But I couldn’t. erase it. ---
**Author:** ![Tom\_Scud](https://avatars.discourse-cdn.com/v4/letter/t/f08c70/32.png) [@Tom\_Scud](https://boards.straightdope.com/u/Tom_Scud)\ **Post date:** [December 9, 2008, 6:31pm UTC](https://boards.straightdope.com/t/gov-of-illinois-arrested-re-bribery-filling-obamas-seat-who-gets-to-choose/476405/11 "2008-12-09T18:31:57Z")
> [@BarnOwl](#): > > But who’d take it? Well, he could always appoint himself, and then see if he could manage to bribe 1/3 +1 of the US Senate to not refuse to seat him… ---
**Author:** ![BarnOwl](https://avatars.discourse-cdn.com/v4/letter/b/e95f7d/32.png) [@BarnOwl](https://boards.straightdope.com/u/BarnOwl)\ **Post date:** [December 9, 2008, 6:46pm UTC](https://boards.straightdope.com/t/gov-of-illinois-arrested-re-bribery-filling-obamas-seat-who-gets-to-choose/476405/12 "2008-12-09T18:46:19Z")
Now, everyone’s going to be looking at Hillary’s replacement with a jaundiced eye. (I am biting my index fingers to refrain from sarcasm. Damn the GQ rules!!) ---
**Author:** ![BarnOwl](https://avatars.discourse-cdn.com/v4/letter/b/e95f7d/32.png) [@BarnOwl](https://boards.straightdope.com/u/BarnOwl)\ **Post date:** [December 9, 2008, 7:17pm UTC](https://boards.straightdope.com/t/gov-of-illinois-arrested-re-bribery-filling-obamas-seat-who-gets-to-choose/476405/13 "2008-12-09T19:17:18Z")
Dick Durbin, IL Senator (come to think of it, the onliest, at the moment 🙂 ) wants the Illinois Legislature to pass a law requiring a special election of Obama’s replacement. Fo reasons too obvious. ---
**Author:** ![DanBlather](https://avatars.discourse-cdn.com/v4/letter/d/f4b2a3/32.png) [@DanBlather](https://boards.straightdope.com/u/DanBlather)\ **Post date:** [December 9, 2008, 7:48pm UTC](https://boards.straightdope.com/t/gov-of-illinois-arrested-re-bribery-filling-obamas-seat-who-gets-to-choose/476405/14 "2008-12-09T19:48:48Z")
If Blagojevich appoints himself to the Senate seat and then is removed, would he still get the Senate pension? ---
**Author:** ![Jake](https://avatars.discourse-cdn.com/v4/letter/j/f475e1/32.png) [@Jake](https://boards.straightdope.com/u/Jake)\ **Post date:** [December 9, 2008, 7:49pm UTC](https://boards.straightdope.com/t/gov-of-illinois-arrested-re-bribery-filling-obamas-seat-who-gets-to-choose/476405/15 "2008-12-09T19:49:14Z")
> [@Tom\_Scud](#): > > Well, he could always appoint himself, and then see if he could manage to bribe 1/3 +1 of the US Senate to not refuse to seat him… Heh. You ARE going to stick around, aren’t you? 🙂 ---
**Author:** ![Markxxx](https://avatars.discourse-cdn.com/v4/letter/m/5daacb/32.png) [@Markxxx](https://boards.straightdope.com/u/Markxxx)\ **Post date:** [December 9, 2008, 8:08pm UTC](https://boards.straightdope.com/t/gov-of-illinois-arrested-re-bribery-filling-obamas-seat-who-gets-to-choose/476405/16 "2008-12-09T20:08:17Z")
Congress could simply refuse to seat who ever G-Rod appoints, so there already is a check in place. ---
**Author:** ![ratatoskK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ratatoskk/32/2987_2.png) [@ratatoskK](https://boards.straightdope.com/u/ratatoskK)\ **Post date:** [December 9, 2008, 8:34pm UTC](https://boards.straightdope.com/t/gov-of-illinois-arrested-re-bribery-filling-obamas-seat-who-gets-to-choose/476405/17 "2008-12-09T20:34:16Z")
[This link](http://thecaucus.blogs.nytimes.com/2008/12/09/who-can-name-obamas-successor/?hp) says > [@](#): > > According to the Illinois state constitution, Mr. Blagojevich would have to be deemed incapacitated — by death, conviction or impeachment, for example — for that power to shift to new hands. There is no clause stating that an indictment restricts his powers. ---
**Author:** ![WhyNot](https://avatars.discourse-cdn.com/v4/letter/w/c77e96/32.png) [@WhyNot](https://boards.straightdope.com/u/WhyNot)\ **Post date:** [December 9, 2008, 9:18pm UTC](https://boards.straightdope.com/t/gov-of-illinois-arrested-re-bribery-filling-obamas-seat-who-gets-to-choose/476405/18 "2008-12-09T21:18:07Z")
> [@gonzomax](#): > > Wonder what the going rate for Sen. is? You don’t get a lot of opportunity to sell something like that. Seems both governor and senator will soon be on the market. According to the press conference at noonish, it was for a $300,000+ a year job with a union who already have people doing the work he proposed to do. This deal fell through, by the way; the wiretap has him on tape swearing (as in, cussing) about it and opening the bidding up to other takers. > [@Convict](#): > > It’s my understanding that the only ways to prevent Blago from appointing anyone to the Senate would be impeachment or an emergency session of the Illinois Congress to change the law. Either action would have to take place NOW. Blago can plead not guilty today and then immediately announce someone for that seat. There is nothing to prevent him from doing so. > > IANAL, etc… He has to be CONVICTED, not just impeached. They can impeach him today, but until that conviction happens, he’s still the governor, and the governor has the sole power to fill the senate seat. > [@Tom\_Scud](#): > > Well, he could always appoint himself, and then see if he could manage to bribe 1/3 +1 of the US Senate to not refuse to seat him… He actually \*has \*considered appointing himself (again, according to NPR this afternoon). The guy speaking at the press conference who’s name I forget (Fitzgerald, maybe?) said that they made the arrest this morning while the investigation is ongoing, rather than continuing to investigate and “Wrapping it up with a ribbon” in the spring because he thinks that now that They (Rod and co.) know that We know what They’re up to, They’ll be on their best behavior. Anyone offering money for the senate seat at this point would have to have a set of balls to rival Stephen Colbert’s. Of course, we’re talking about a Governor who made _quid pro quo_ offers for personal gain on a frakkin’ conference call \*while under investigation for corruption charges already! \*Even whatsisname at the press conference said that his “audacity” was great. ---
**Author:** ![SCSimmons](https://avatars.discourse-cdn.com/v4/letter/s/e495f1/32.png) [@SCSimmons](https://boards.straightdope.com/u/SCSimmons)\ **Post date:** [December 9, 2008, 10:06pm UTC](https://boards.straightdope.com/t/gov-of-illinois-arrested-re-bribery-filling-obamas-seat-who-gets-to-choose/476405/19 "2008-12-09T22:06:57Z")
> [@WhyNot](#): > > He actually \*has \*considered appointing himself (again, according to NPR this afternoon … Of course, we’re talking about a Governor who made _quid pro quo_ offers for personal gain on a frakkin’ conference call \*while under investigation for corruption charges already! \*Even whatsisname at the press conference said that his “audacity” was great. One of the tapes allegedly has him citing the latter as a reason for the former. As a member of the Senate, he’d have more resources & options available for defending himself from the corruption charges, you see. :rolleyes: ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [December 9, 2008, 11:22pm UTC](https://boards.straightdope.com/t/gov-of-illinois-arrested-re-bribery-filling-obamas-seat-who-gets-to-choose/476405/20 "2008-12-09T23:22:16Z")
I saw the thread title and assumed this thread was another one like _“What happens if Obama dies before inauguration day?”_ or _“What if Joe Biden was declared not to be a natural born citizen?”_ or _“What if the Electoral College delegates decided to vote for John McCain?”_ It wasn’t until I saw the second and third thread on this issue that I realized we weren’t discussing a hypothetical situation.