ABOUT FIRST READ

First Read is an analysis of the day's political news, from the NBC News political unit. First Read is updated throughout the day, so check back often.

Chuck Todd, NBC Political Director

Mark Murray, NBC Deputy Political Director

Domenico Montanaro, NBC News Political Reporter



A special election for Obama's seat?

Posted: Tuesday, December 09, 2008 1:45 PM by Carrie Dann
Filed Under:



From NBC's Carrie Dann
Sen. Dick Durbin of Illinois called today for a special election to fill Barack Obama's Senate seat, saying that "no appointment could produce a credible replacement" in light of this morning's arrest of Gov. Rod Blagojevich. 

Durbin says he spoke with a member of the state's general assembly this morning, urging the legislature to enact a law calling for a special election and saying that a "tainted" appointment by the governor -- arrested this morning on corruption charges swirling around the politics of the appointment itself -- would be unacceptable.

"I think it's the only way out at this point,"  Durbin said today at a press conference on unrelated legislation.

A law passed by the Illinois general assembly would be subject to a gubernatorial veto. Durbin said that he hoped the Illinois legislature would put together a bill with a bipartisan supermajority, implying that resistance from the governor could be possible. "Most executives don't like to give up any power," he said.

Durbin also lamented what he described as a strained relationship with the governor of his state, calling him a "difficult man to communicate with" who dallied for 12 days before returning Durbin's phone call last month in regard to the Senate appointment.  The Illinois senator DID, however, note that he sensed nothing untoward about the appointment selection process during that conversation, and about 20 names were discussed.

The Illinois Congressional seat previously held by Obama's newly-picked chief, Rahm Emanuel, will be filled by a special election, but the date for that election must be set... by the governor.

MAIN PAGE

Email this EMAIL THIS

Comments

Remember when Senators were elected by the state houses?  Why don't they just do this, as it would be less costly than a state-wide election.
I think Durbin is right asking for a special election.
Why Obama’s Next

I.  FROM THE BLAGOJEVICH INDICTMENT

35. As described more fully in the following paragraphs, Mercy Hospital, which sought permission from the Planning Board to build a hospital in Illinois, received that permission through Rezko’s exercise of his influence at the Planning Board after Rezko was promised that Mercy Hospital would make a substantial campaign contribution to ROD BLAGOJEVICH. Rezko later told a member of the Planning Board that Mercy Hospital received the permit because ROD BLAGOJEVICH wanted the organization to receive the permit.

36. Levine’s criminal activities included his abuse of his position on the Planning Board to enrich both himself and Friends of Blagojevich. The Planning Board was a commission of the State of Illinois, established by statute, whose members were appointed by the Governor of the State of Illinois. At the relevant time period, the Planning Board consisted of nine individuals. State law required an entity seeking to build a hospital, medical office building, or other medical facility in Illinois to obtain a permit, known as a “Certificate of Need” (“CON”), from the Planning Board prior to beginning construction.

37. Levine, as well as Planning Board members Thomas Beck and Imad Almanaseer, testified under oath at the Rezko Trial.9 Beck testified that he asked Rezko to reappoint him to the Planning Board and that Beck thereafter followed Rezko’s directions regarding which CON applications Rezko wanted approved. Beck testified that it was his job to communicate Rezko’s interest in particular CONs to other members of the Planning Board, including Almanaseer, who were loyal to Rezko. Beck testified that he understood that Rezko spoke for the Blagojevich administration when Rezko spoke to Beck about particular CONs. Almanaseer testified that Beck instructed him that Rezko wanted Almanaseer to vote a particular way and that Almanaseer should follow Levine’s lead in voting on CONs. Almanaseer testified that before certain Planning Board meetings, he received notecards from Beck indicating how to vote on certain CON applications. Beck testified he provided these notecards to Almanaseer and certain other members of the Planning Board to communicate Rezko’s directions about certain CON applications.

38. During his testimony, Levine described a plan to manipulate the Planning Board to enrich himself and Friends of Blagojevich. The plan centered on an entity commonly known as Mercy Hospital (“Mercy”) that was attempting to obtain a CON to build a new hospital in Illinois. Levine knew the contractor hired to help build the hospital. In approximately November 2003, on behalf of the contractor, Levine checked with Rezko to determine whether Rezko wanted Mercy to obtain its CON. Rezko informed Levine that Mercy was not going to receive its CON. According to Levine, he asked Rezko whether it would matter to Rezko if Mercy’s construction contractor paid a bribe to Rezko and Levine and, in addition, made a contribution to ROD BLAGOJEVICH. Levine testified that Rezko indicated that such an arrangement would change his view on the Mercy CON.

39. Levine’s testimony regarding Rezko’s actions to change the Planning Board decision concerning Mercy’s application for a CON based on contributions for ROD BLAGOJEVICH is confirmed by attorney Steven Loren. Loren testified at Rezko’s criminal
trial and, before that, in the grand jury.11 According to Loren, in approximately December 2003, Levine informed Loren that Rezko was against the Mercy CON. According to Loren, Levine relayed to Loren a conversation between Rezko and Levine during which Levine asked Rezko whether a political contribution to ROD BLAGOJEVICH would make a difference for Mercy’s CON, and Rezko responded to Levine that such a contribution might
make a difference.

40. Thereafter, and confirmed by the testimony of Levine, Beck, and Almanaseer, as well as recorded conversations, Rezko switched his directions to Beck and informed Beck that Mercy was to receive its CON. According to Almanaseer, although he previously had been told by Beck that Rezko did not want Mercy to receive its CON, he was later told that there had been a change and that Rezko now wanted Mercy to receive its CON.

41. Mercy received its CON as a result of a controversial and irregular vote at a public Planning Board meeting.12 The vote brought significant publicity to the Planning Board and ultimately led to the disbanding of the Planning Board. Almanaseer testified under oath in the grand jury that not long after the Planning Board vote on Mercy’s CON he saw Rezko at a fundraiser. According to Almanaseer, he was still embarrassed about what had occurred at the Planning Board vote on Mercy’s CON and Rezko’s role in the vote. Almanaseer testified that he asked Rezko why Rezko had switched the vote on the Mercy CON. According to Almanaseer, Rezko stated: “The Governor wanted it to pass.”

II.  FROM EVELYN PRINGLE’S “CURTAIN TIME” ONLINE ARTICLES

Tony Rezko is a private citizen. Therefore, the evidence presented in the trial focused on his influence over officials in getting members appointed to the Boards. Prosecutors did not discuss how the legislation got passed that enabled the Planning Board to be set up in a way that allowed for the appointment of members to rig the votes to begin with.

That part of the scheme will likely be detailed in future indictments, probably starting with Blagojevich. Blagojevich signed the Illinois Health Facilities Planning Act with an effective date of June 27, 2003. However, before he could sign the act, a bill had to be passed by the Illinois House and Senate. As discussed fully in Curtain Time Part II, Obama was the inside guy in the senate who pushed through the legislation that resulted in the Act.

Obama was appointed chairman of the Senate Health and Human Services Committee. The minute the bill was introduced, it was referred to his committee for review. The sponsors of the bill also served on this committee with Obama. Within a month, Chairman Obama sent word to the full senate that the legislation should be passed.

On May 31, 2003, Senate Bill 1332 passed and specified that the “Board shall be appointed by the Governor, with the advice and consent of the Senate." The legislation reduced the number of members from 15 to 9, paving the way for the appointment of a five-bloc majority to rig the votes.

The corrupt members appointed included three doctors who contributed to Obama. Michel Malek gave Obama $10,000 on June 30, 2003 and donated $25,000 to Blagojevich on July 25, 2003. Malek also gave Obama another $500 in September 2003.

Fortunee Massuda donated $25,000 to Blagojevich on July 25, 2003, and gave a total of $2,000 to Obama on different dates. After he was appointed, Dr Imad Almanaseer contributed a total of $3,000 to Obama. Almanaseer did not give money to Blagojevich.

When the first pay-to-play scheme was put in play, and the application for approval of a new hospital was submitted, the Department of Human Services, along with four other Illinois agencies, sent recommendations that the project should be approved even though experts said the hospital was not needed.

During the trial, Rezko’s attorney presented an email exchange to the jury that hinted at Obama's role in setting up the scheme. The exchange showed that Obama and seven other top Illinois politicians consulted on the legislation passed in 2003 and were involved in recommending the members for the board.

Matthew Pickering wrote the memo to Blagojevich’s general counsel, Susan Lichtenstein, on behalf of David Wilhelm, a former chairman of the Democratic National Committee, who headed Blagojevich's 2002 campaign for governor.

Pickering said he and Wilhelm had “worked closely” over six months with state legislators. The memo recommended the appointees listed above and stated, “our attached recommendations reflect that involvement” with the political leaders.

The persons appointed to rig the votes, including those who contributed to Blagojevich and Obama, are cooperating in exchange for immunity or lighter prison sentences.

Feds shut down pay-to-play schemes

Only two pay-to-play schemes succeeded before the Feds swooped in and shut them all down. Blagojevich did not receive the $1.5 million from the Planning Board deal because the hospital was never built.

But Obama received $20,000 from the first kickback paid in the pension fund scheme and the straw donors used to funnel the $10,000 payments, Elie Maloof and Joseph Aramanda, also made $1,000 contributions to Obama's failed run for Congress in 2000.

In addition, Aramanda gave $500 to Obama's senate campaign on June 30, 2003. In the summer of 2005, Aramanda's son landed an intern position in Obama's Washington office.

Obama also received contributions for his senate campaign from the two persons appointed to rig the vote on the pension fund board. On June 30, 2003, Jack Carriglio contributed $1,000, and the other appointee, Anthony Abboud, donated $500 on June 30, 2003, $250 on March 5, 2004, and $1,000 on June 25, 2004.

The person chosen to funnel the kickback in a future scheme, Michael Winter, donated $3,000 to Obama on June 30, 2003.

All these people are also cooperating in exchange for immunity or lesser prison sentences but prosecutors pointed out during closing arguments that people who entered into agreements with the government are required to tell the truth or all deals are off.







OMG!!!

I'm shocked!
I'm Shocked!......thatyou Obama people are surprised at Chicago corruption.
Let me see...Rezko controlled the hospital board & Michelle got a plum appointment.

Did you all ever consider that despite all His "Mr Clean" posturing that He may just be another crooked Chicago ward politician that got along to get along?

I find it more interesting that the inestigation was cut short.

Qui bono???
Someone please clean up this mess!
Great idea....
If it can be done....

This is the most democratic solution
Pity it isn't done in all states

Isn't an election in Illinois pretty much on a par with Blago making the appointment?

I think the only appropriate thing to do is appoint the candidate that lost to Obama, Alan Keyes.  Not only did he actually run for the office, he would meet the primary requirement as outlined by Bobby Rush.
probably going to have to do it this way to get a credibile candidate and senator, or they could ammend the law and have a one timer of the legislature filing the spot til the next election. If the Gov is guilty - get fire him, if he is not, fire Fitzgerald.
Dick Durbin needs to keep his nose out of this. He's the one asking George Bush to commute the previous Illinois Governor George Ryan's sentence for corrpution before he leaves office. Ryan is so guilty it's pathetic and Durbin wants him released???? WHY? What has Ryan promised him??? I hope Blagojevich get a cell right next to Ryan and they can both rot as far as I'm concerned. They are an embarrassment to our state.
Speaking as an Illinois resident from the area of former governor George Ryan, who is currently sitting in jail, I am so relieved they caught this arrogant, scum-bucket. They need to go after every person who deals the way he does and if that includes Chicago politicians, so be it. (I think the Illinois first lady should be checked out, too.) Illinois has a terrible reputation and its citizens deserve better. 2009 is the year to begin that change! Afterall, it's the year we will inaugurate a seemingly honest man from Illinois and the year we celebrate the 200th anniversary of Abe Lincoln's birth, an honest Illinois politician.
A corrupt politician in Chicago or Illinois?!!?  Who'd've thunk it?
Rod Blagojevich was/is such a dumba$$.  Dick Durbin is into doing the right thing.  Have a election in 60 or 75 days.  So the new Ill Senator is 2 or 3 months late.  At least it will be done right, without scandel. Rod, you are so dumb!!
It looks like Illinois needs a special election to replace Obama, Emanuel, and now maybe even Blagojevich. Get it done all at once and get it over with so we can move on.
Yeah, I think he's right. Nobody will be happy with whoever is appointed, whether they are appointed by the Lt Gov, state senate, or other. Ought to be fun to see how quickly a special election can get organized, like who's names should be on the ballot, and so forth.
Palin for Illinois Senator!
  I feel like I am reading a script from an SNL episode of Church Lady! Now we are going to have a "special" election now. Doesn't that make you feel "special" all over?? There are a lot of "special" things going on politically today America. We have a "special" kind of "special" criminal being caught today, and arrested in Illinois. This is what makes our Ameican Democracy so "special." We have very "special" individuals with, many different "special" disorders, screwing-up many different political/economic/social policies. Only in America, can so many "mentally challenged" individuals (Congress), get together in one city (Washington), and screwing-up so many policies/laws as possible. Isn't that "special" America!
Dear Clinton,
When the state legislatures chose U.S. Senators, the corruption surrounding those selections was rampant.
Why doesn't the governor appoint himself and end the whole controversy?  Sounds like he's VERY well qualified for the Senate.    

Now, the mantra of "Change, Change, Change" and "Yes We Can" means that when one party is in charge and something bad happens (i.e. Illinois)that it is time to change parties.  Vote Republican in Illinois!
Obama is not going down IDIOT. Did you read what This Idiot said when Obama and his team refused to give him what he wanted in exchange for the Senate seat???

Wake up GOP fools and Obama haters. This will make Obama even more untouchable
Obama's got oodles of money and this would be an opportunity to ensure that his seat is not being filled by anybody's chose (EXCEPT THE PEOPLE). Use some of the money his campaign had leftover to take the burden off the State government.

That way people who are honest hardworking taxpayers wouldn't have to cough up extra money for a special election!
You guys may think i'm joking, but how about Jesse Jackson Sr as the temporary replacement? Who better to stand up in the halls of the Senate and speak for hours at a time? Who has more international and domestic experience in the state of Illinois? Who better to work towards the agenda of Obama than Jackson Sr?  He's obviously not in bed with anyone, either in the Obama administration or in the Blago admin, and we all know he speaks his mind ("cut his nuts off").  I am making a call to Blago today to register my support for Jesse Sr.  I know some of you don't like his politics, but would he have voted any differently than Obama did?  Granted he may have crafted more partisan bills, but all in all the votes would have probably been the same.  Seriously folks... Jesse Jackson Sr for Senate
THE APPLE DOESN'T FALL FAR FROM THE TREE.  WILL THE CHICAGO-LAND SCUM ENTANGLE OBAMA AND CAUSE THE WORST PROBLEMS IN USA HISTORY?
As usual everyone in placed in the same bucket. The Presidental Election is over please stop riding it. Illinios is a great State with a few bad apples a special election is in order.
Wow! This stuff is scary! The scariest part of all is that in Illinois it appears as though the elected officials seem to believe that corruption is just business as usual. Is it naive to believe that Obama waded through this swamp without having some serious mud stick to him? If he was involved in this little conspiracy I bet his promises of pardons to anyone that gets convicted are already heating up the airways and he isn't even in office yet!
I believe that Durbin is on the right bane; however, we should allow this thing to play out some.  Remember, since Rotten Rod is still the Gov, and since the evidence is pretty much unrefutable (on tape), he can make a deal for less time in return for his resignation. Then the Lt. Gov (Pat Quinn), who is one of the cleanest politicians in Illinois (so we think) can take over and appoint the new U.S. Senator.  If I were a betting man, that deal is in the works right now!
Who wudda thunk it??  If this is CHANGE what the hey is staus quo?  Imagine political corruption in Chicago (Illinois)!!! Just more of the "same ol; same ol".  This will not be the last of the DEMS lying, bribing, cheating, and stealing their way to power.

May God bless America.  We need it more than ever now!!
It looks like Illinois needs a special election to replace Obama, Emanuel, and now maybe even Blagojevich. Get it done all at once and get it over with so we can move on.
eagle1776 (Sent Tuesday, December 09, 2008 2:34 PM)

You are right, let the people have their say. I  think that any appoinmtent by a government official would be questioned.
As a state resident of Illinois - I would welcome a new vote.....
left, right or independent all crooks should pay the price.
Even if Blago attempts to appoint someone at this stage, the U.S. Senate can actually refuse to seat his choice under the powers of the Constitution.
Well. Isn't THAT Special?
Note to Richard, Washington State -- OH PUL-LEEZE,  any fool can RUN in an election (witness: Sarah Palin), so that's not even a serious suggestion.
The sad thing about holding a special election in Illinois is that the people never learn. They will just send a Blago clone to DC to do more of the same.
Forgive my ignorance, but assuming Blagojevich is guilty and does the right thing by resigning, why wouldn't the Lt. Governor automatically be made governor and thus assume the Governor's responsibilities.  Isn't that what a Lt. Governor is for?
This is nothing NEW with Rod.  He has been a "undercover" criminal since day one in office.  This arrest has just been waiting to happen... who is shocked? Really?  It has just been a matter of time.


SEND A COMMENT

PLEASE READ: All comments must be approved before appearing in the thread; time and space constraints prevent all comments from appearing. We will only approve comments that are directly related to the blog, use appropriate language and are not attacking the comments of others.

Message (please, no HTML tags. Web addresses will be hyperlinked):

TRACKBACKS

Trackbacks are links to weblogs that reference this post. Like comments, trackbacks do not appear until approved by us. The trackback URL for this post is: http://firstread.msnbc.msn.com/trackback.aspx?PostID=1704450

First Read e-mail alerts


Sign up for First Read alerts
The first place for key political news and analysis

Syndicate This Site

Add First Read to your news reader:
live.com xml
myyahoo msn
bloglines newsgator
google