# Governor Blagojevich Arrested, What Now?

**URL:** <https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396>\
**Category:** Great Debates\
**Created:** [December 9, 2008, 3:36pm UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396 "2008-12-09T15:36:49Z")\
**Posts on this page:** 14\
**Page:** 22

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**Author:** ![KellyM](https://avatars.discourse-cdn.com/v4/letter/k/57b2e6/32.png) [@KellyM](https://boards.straightdope.com/u/KellyM)\
**Post date:** [January 9, 2009, 5:17pm UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396/421 "2009-01-09T17:17:55Z")

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> [@Freddy\_the\_Pig](#):
>
> Possibly not until Thursday. The terms of the General Assembly expire on Wednesday. There will be some membership turnover. I doubt they will want to start the trial until after the new Senate assembles and organizes itself.

The bill dies on the table if it’s not resolved by noon Wednesday. If they don’t convict quickly, the 96th Assembly will have to reimpeach him.

The Senate is scheduled to be in session Monday at 9; there is no other pending business before the Senate so this is the only thing that they could be discussing. They’ll take it up.

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**Author:** ![Freddy\_the\_Pig](https://avatars.discourse-cdn.com/v4/letter/f/a587f6/32.png) [@Freddy\_the\_Pig](https://boards.straightdope.com/u/Freddy_the_Pig)\
**Post date:** [January 9, 2009, 5:34pm UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396/422 "2009-01-09T17:34:30Z")

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> [@KellyM](#):
>
> The bill dies on the table if it’s not resolved by noon Wednesday.

No, it doesn’t. Impeachment isn’t a bill. It doesn’t require concurrent action. We went through this on the federal level when Clinton was impeached by the House and tried by the Senate of the subsequent Congress.

I just saw a news report that the Illinois Senate is expected to begin the trial on January 26, with the trial lasting at least two weeks.

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**Author:** ![KellyM](https://avatars.discourse-cdn.com/v4/letter/k/57b2e6/32.png) [@KellyM](https://boards.straightdope.com/u/KellyM)\
**Post date:** [January 9, 2009, 6:03pm UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396/423 "2009-01-09T18:03:52Z")

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> [@Freddy\_the\_Pig](#):
>
> No, it doesn’t. Impeachment isn’t a bill. It doesn’t require concurrent action. We went through this on the federal level when Clinton was impeached by the House and tried by the Senate of the subsequent Congress.

As I recall that required some procedural sleight-of-hand (easy enough to do because the Republicans controlled the House at the time). Impeachment **is** a bill (procedurally, it’s actually called a “bill of impeachment”), and I’ve already seen several lawyers experienced with Illinois procedure say that the bill will die with the session, and will require some sort of procedural maneuver to reinstate if not disposed of.

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**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\
**Post date:** [January 9, 2009, 6:16pm UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396/424 "2009-01-09T18:16:36Z")

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> [@KRM](#):
>
> That doesn’t sound right to me. If it were, then any appointed Senator would be the governor’s bitch. Separation of powers isn’t supposed to work that way…

Well, true, but Burris hasn’t been sworn in yet. I think it’s an open question as to whether or not Blago’s successor could rescind the appointment if Burris had not yet actually taken his seat in the U.S. Senate. Once he’s sworn in, of course no one could revoke the appointment.

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**Author:** ![lee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lee/32/7455_2.png) [@lee](https://boards.straightdope.com/u/lee)\
**Post date:** [January 9, 2009, 7:05pm UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396/425 "2009-01-09T19:05:14Z")

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Writ of Mandamus, DENIED!

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**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [January 9, 2009, 10:10pm UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396/426 "2009-01-09T22:10:10Z")

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> [@lee](#):
>
> Writ of Mandamus, DENIED!

But the IL Supremes also said that White’s signature isn’t required on the appointment, giving the ball back to Harry Reid..

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**Author:** ![KellyM](https://avatars.discourse-cdn.com/v4/letter/k/57b2e6/32.png) [@KellyM](https://boards.straightdope.com/u/KellyM)\
**Post date:** [January 9, 2009, 10:14pm UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396/427 "2009-01-09T22:14:40Z")

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> [@jtgain](#):
>
> But the IL Supremes also said that White’s signature isn’t required on the appointment, giving the ball back to Harry Reid..

The Illinois Supreme Court said that Illinois law doesn’t require the signature; they’re not qualified to opine on what federal law or Senate rules require.

Also, on the “impeachment dies at the end of the session” issue, they’ve already announced that the House is preparing to “revote” the impeachment at the start of the next session, which means Blagojevich will likely get the distinction of being the only governor to be impeached twice.

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**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [January 9, 2009, 10:25pm UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396/428 "2009-01-09T22:25:42Z")

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And I’ll say again if the GOP is listening: Here is a chance for the 41 GOP Senators to find 10 Democrats to stand together in refusing to seat Burris.

Take step one towards putting ethical scandals behind you…

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**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [January 9, 2009, 11:32pm UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396/429 "2009-01-09T23:32:29Z")

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Blago has officially lost it:

[QUOTE=News Article]  
“The causes of the impeachment are because I’ve done things to fight for families,” the 52-year-old Democrat said at an extraordinary news conference where he surrounded himself with some of the people he claimed to have helped, including a man in a wheelchair and a transplant recipient. He took no questions.  
[/QUOTE]

Fight for families? Yes, I’m sure that the legislators have met in back rooms and said, “We can’t have a Governor fighting for families! Let’s get him!”

The fact that they caught you on tape trying to sell a U.S. Senate seat is of no import.

I’m going to take the day off work when this guy gets lead away in handcuffs to federal prison.

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**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\
**Post date:** [January 10, 2009, 12:53am UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396/430 "2009-01-10T00:53:28Z")

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> [@jtgain](#):
>
> And I’ll say again if the GOP is listening: Here is a chance for the 41 GOP Senators to find 10 Democrats to stand together in refusing to seat Burris.

The Democrats have a motivation to get rid of Burris. Republicans don’t. They might if there’s an open election for that seat, but even then they probably don’t have much of a chance to win it.

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**Author:** ![Oslo\_Ostragoth](https://avatars.discourse-cdn.com/v4/letter/o/a9a28c/32.png) [@Oslo\_Ostragoth](https://boards.straightdope.com/u/Oslo_Ostragoth)\
**Post date:** [January 10, 2009, 7:07am UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396/431 "2009-01-10T07:07:43Z")

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> [@KellyM](#):
>
> Also, on the “impeachment dies at the end of the session” issue, they’ve already announced that the House is preparing to “revote” the impeachment at the start of the next session, which means Blagojevich will likely get the distinction of being the only governor to be impeached twice.

That’s just too funny.

Or should I say painful. ☹

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**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\
**Post date:** [January 10, 2009, 2:37pm UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396/432 "2009-01-10T14:37:27Z")

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Well, if anyone deserves the “honor”…

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<div class="post-metadata">

**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [January 11, 2009, 2:26pm UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396/433 "2009-01-11T14:26:49Z")

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> [@Marley23](#):
>
> The Democrats have a motivation to get rid of Burris. Republicans don’t. They might if there’s an open election for that seat, but even then they probably don’t have much of a chance to win it.

That’s my point. If they had a chance to pick up a seat, then it would be dismissed as political opportunism. Since it will be a Dem in the seat no matter what, here is a chance for them to stand up for ethics, and no one could pin an ulterior motive on them..

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**Author:** ![lee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lee/32/7455_2.png) [@lee](https://boards.straightdope.com/u/lee)\
**Post date:** [January 12, 2009, 6:11am UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396/434 "2009-01-12T06:11:25Z")

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Republicans have a motivation to accept Burris. Burris is old and this circus puts him in a disfavored position to win. Illinois had a republican senator not that long ago, and if Burris is seated and stays, we might well again.

I would think less of the republicans if they chose to seat Burris because the putative reason he is not being seated is his nomination has not met the requirements as set forth in the Senate rules. The senate could either vote to change the rules, or reinterpret the rules so that his nomination meets the requirements, but neither fits in with the idea of what a conservative is.

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