(Part 11: criminal complaint against Gov. Rod Blagojevich and John Harris. It was posted 1-5-08, but has been back-dated to bump it down. Some emphasis has been added.
Mentioned on this page: President-elect [Barack Obama], Deputy Governor A, Advisor A, Advisor B (a Washington D.C.-based consultant), various Washington-D.C. based advisors, "President-elect Advisor", 'Spokesman', Senate Candidates 1, 2, 3, Senate Candidate 4 (who is also a Deputy Governor in Illinois), Senate Candidate 6 (believed to be a wealthy person from Illinois), Individual A, Individual D, "a particular" Chicago Sun-Times columnist, "Change to Win (an organization connected to Service Employees International Union, SEIU), SEIU Official, Blagojevich's wife (Patricia "Patty" Blagojevich), Governor General Counsel, Warren Buffet, Bill Gates, Chicago Tribune, Friends of Blagojevich.
_____4. Evidence Concerning Efforts to Obtain Personal Benefits for ROD BLAGOJEVICH in Return for is Appointment of a United States Senator
86. Intercepted phone calls demonstrate that ROD BLAGOJEVICH, JOHN HARRIS, and others have engaged and are engaged in efforts to obtain personal gain, including financial gain, for the benefit of ROD BLAGOJEVICH and his family through the corrupt use of ROD BLAGOJEVICH's authority as Governor of the State of Illinois to fill the vacant United States Senate Seat previously held by the President-elect.
87. By law, after the President-elect's resignation of his position as a U.S. Senator, which was effective on November 16, 2008, ROD BLAGOJEVICH has sole authority to appoint his replacement for the two years remaining of the President-elect's Senate term. See 10 ILCS 5/25-8. During the course of this investigation, agents have intercepted a series of communications regarding the efforts of ROD BLAGOJEVICH, JOHN HARRIS, and others to misuse this power to obtain personal gain, including financial gain, for ROD BLAGOJEVICH and his family. In particular, ROD BLAGOJEVICH has been intercepted conspiring to trade the senate seat for particular positions that the President-elect has the power to appoint (e.g. the Secretary of Health and Human Services). ROD BLAGOJEVICH has also been intercepted conspiring to sell the Senate seat in exchange for his wife's placement on paid corporate boards or ROD BLAGOJEVICH's placement at a private foundation in a significant position with a substantial salary. ROD BLAGOJEVICH has also been intercepted conspiring to sell the Senate seat in exchange for millions of dollars in funding for a non-profit organization that he would start and that would employ him at a substantial salary after he left the governorship.
88. Set out below are summaries of certain of the conversations referenced above. This affidavit does not include all calls dealing with the corrupt efforts of ROD BLAGOJEVICH, JOHN HARRIS, and others to misuse the power of ROD BLAGOJEVICH to appoint a United States Senator for the personal gain of ROD BLAGOJEVICH and his family, nor does this affidavit set forth other calls where ROD BLAGOJEVICH and others discussed a possible appointment to the Senate seat based on considerations other than financial gain for ROD BLAGOJEVICH and his family, discussions which took place with greater frequency after efforts to arrange for a private job for ROD BLAGOJEVICH in exchange for appointing a particular candidate to the open Senate seat did not meet with success. As set forth below, more recent discussions focused on an effort to obtain campaign contributions up front in consideration of an appointment to the Senate.
89. On November 3, 2008, ROD BLAGOJEVICH talked with Deputy Governor A. This discussion occurred the day before the United States Presidential election. ROD BLAGOJEVICH and Deputy Governor A discussed the potential Senate seat vacancy. During the conversation, ROD BLAGOJEVICH told Deputy Governor A that if he is not going to get anything of value for the open Senate seat, then ROD BLAGOJEVICH will take the Senate seat himself: "if . . . they're not going to offer anything of any value, then I might just take it."
90. Later on November 3, 2008, ROD BLAGOJEVICH spoke with Advisor A. By this time, media reports indicated that Senate Candidate 1, an advisor to the President- elect, was interested in the Senate seat if it became vacant, and was likely to be supported by the President-elect. During the call, ROD BLAGOJEVICH stated, "unless I get something real good for [Senate Candidate 1], shit, I'll just send myself, you know what I'm saying." ROD LAGOJEVICH later stated, "I'm going to keep this Senate option for me a real possibility, you know, and therefore I can drive a hard bargain. You hear what I'm saying. And if I don't get what I want and I'm not satisfied with it, then I'll just take the Senate seat myself." Later, ROD BLAGOJEVICH stated that the Senate seat "is a f--king valuable thing, you just don't give it away for nothing."
91. On November 4, 2008, ROD BLAGOJEVICH spoke with Deputy Governor A. This was the same day as the United States Presidential election. With respect to the Senate seat, Deputy Governor A suggested putting together a list of things that ROD BLAGOJEVICH would accept in exchange for the Senate seat. ROD BLAGOJEVICH responded that the list "can't be in writing." Thereafter, ROD BLAGOJEVICH discussed whether he could obtain an ambassadorship in exchange for the Senate seat.
92. On November 4, 2008, ROD BLAGOJEVICH spoke with JOHN HARRIS regarding the potential vacant Senate seat. ROD BLAGOJEVICH stated that the "trick . . . is how do you conduct indirectly . . . a negotiation" for the Senate seat. Thereafter, ROD BLAGOJEVICH analogized his situation to that of a sports agent shopping a potential free agent to various teams, stating "how much are you offering, [President-elect]? What are you offering, [Senate Candidate 2]? . . . Can always go to. . . [Senate Candidate 3]." Later ROD BLAGOJEVICH stated that he will make a decision on the Senate seat "in good faith . . . but it is not coming for free. . . .It's got to be good stuff for the people of Illinois and good for me." ROD BLAGOJEVICH states "[President-elect], you want it? Fine. But, its got to be good or I could always take [the Senate seat]."
93. On November 5, 2008, ROD BLAGOJEVICH spoke with Deputy Governor A regarding positions that ROD BLAGOJEVICH might be able to obtain in exchange for the soon-to-be vacated Senate seat. Among the potential positions discussed were Secretary of Health and Human Services and various ambassadorships. Deputy Governor A noted that the cabinet position of Secretary of the Energy is "the one that makes the most money." Deputy Governor A stated that it is hard not to give the Secretary of Energy position to a Texan, but with ROD BLAGOJEVICH's coal background it might be a possibility.
94. On November 5, 2008, ROD BLAGOJEVICH spoke with JOHN HARRIS regarding what ROD BLAGOJEVICH could obtain for the Senate seat. After discussing various federal governmental positions that ROD BLAGOJEVICH would trade the Senate seat for, ROD BLAGOJEVICH asked about "the private sector" and whether the President-elect could "put something together there. . . .Something big." Thereafter, HARRIS suggested that the President-elect could make ROD BLAGOJEVICH the head of a private foundation. ROD BLAGOJEVICH told HARRIS that he should do "homework" on private foundations "right away." ROD BLAGOJEVICH asked whether he could get a high-ranking position at the Red Cross. HARRIS stated that "it's got to be a group that is dependent on [the President-elect]," and that a President probably could not influence the Red Cross. ROD BLAGOJEVICH told HARRIS to "look into all of those."
95. On November 5, 2008, ROD BLAGOJEVICH talked with JOHN HARRIS and Deputy Governor A. They discussed potential private foundations with which ROD BLAGOJEVICH might be able to get a position in exchange for filling the Senate seat and, in particular, those foundations that are "heavily dependent on federal aid" and which, therefore, the White House would have the most "influence" on. ROD BLAGOJEVICH wanted to know how much the positions being discussed pay.
96. On November 5, 2008, ROD BLAGOJEVICH talked with Advisor A about the Senate seat. During the phone call, ROD BLAGOJEVICH stated that the President-elect can remove somebody from a foundation and give the spot to ROD BLAGOJEVICH. In regards to the Senate seat, ROD BLAGOJEVICH stated "I've got this thing and it's f--king golden, and, uh, uh, I'm just not giving it up for f--kin' nothing. I'm not gonna do it. And, and I can always use it. I can parachute me there."
97. On November 6, 2008, ROD BLAGOJEVICH talked with Spokesman. ROD BLAGOJEVICH told Spokesman to leak to a particular columnist for the Chicago Sun- Times, that Senate Candidate 2 is in the running for the vacant Senate seat. According to ROD BLAGOJEVICH, by doing this, he wanted "to send a message to the [President-elect's] people," but did not want it known that the message was from ROD BLAGOJEVICH. Thereafter, ROD BLAGOJEVICH and Spokesman discussed specific language that should be used in the Sun Times column and arguments as to why Senate Candidate 2 made sense for the vacant Senate seat. A review of this particular Sun Times column on November 7, 2008, indicates references to the specific language and arguments regarding Senate Candidate 2 as a potential candidate for the Senate seat, as discussed by ROD BLAGOJEVICH and Spokesman.
98. On November 7, 2008, ROD BLAGOJEVICH talked with Advisor A about the Senate seat. ROD BLAGOJEVICH stated that he is willing to "trade" the Senate seat to Senate Candidate 1 in exchange for the position of Secretary of Health and Human Services in the President-elect's cabinet.
99. Later on November 7, 2008, ROD BLAGOJEVICH discussed the open Senate seat in a three-way call with JOHN HARRIS and Advisor B, a Washington D.C.-based
consultant. ROD BLAGOJEVICH indicated in the call that if he was appointed as Secretary of Health and Human Services by the President-elect, then ROD BLAGOJEVICH would appoint Senate Candidate 1 to the open Senate seat. HARRIS stated "we wanted our ask to be reasonable and rather than. . .make it look like some sort of selfish grab for a quid pro quo." ROD BLAGOJEVICH stated that he needs to consider his family and that he is "financially" hurting. HARRIS said that they are considering what will help the "financial security" of the Blagojevich family and what will keep ROD BLAGOJEVICH "politically viable." ROD BLAGOJEVICH stated, "I want to make money." During the call, ROD BLAGOJEVICH, HARRIS, and Advisor B discussed the prospect of working a three-way deal for the open Senate seat. HARRIS noted that ROD BLAGOJEVICH is interested in taking a high-paying position with an organization called "Change to Win," which is
connected to Service Employees International Union ("SEIU").[22] HARRIS suggested that SEIU Official make ROD BLAGOJEVICH the head of Change to Win and, in exchange, the President-elect could help Change to Win with its legislative agenda on a national level. Advisor B asked why SEIU Official cannot just give the job to ROD BLAGOJEVICH. HARRIS responded that it would be just a big "give away" for SEIU Official and Change to Win since there are already individuals on the Change to Win payroll doing the functions of the position that would be created for ROD BLAGOJEVICH. HARRIS said that Change to Win will want to trade the job for ROD BLAGOJEVICH for something from the President-elect. HARRIS suggested a "three-way deal," and explained that a three-way deal like the one discussed would give the President-elect a "buffer so there is no obvious quid pro quo for [Senate Candidate 1]." ROD BLAGOJEVICH stated that for him to give up the governorship for the Change to Win position, the Change to Win position must pay a lot more than he is getting paid right now. Advisor B said that he liked the idea of the three-way deal. ROD BLAGOJEVICH stated that he is interested in making $250,000 to $300,000 and being on some organization boards. Advisor B said they should leverage the President-elect's desire to have Senate Candidate 1 appointed to the Senate seat in order to get a head position with Change to Win and a salary. Advisor B agreed that the three-way deal would be a better plan than ROD BLAGOJEVICH appointing Senate Candidate 2 to the Senate seat and getting more done as Governor.
100. On November 8, 2008, ROD BLAGOJEVICH talked with JOHN HARRIS about the Senate seat. During the conversation, ROD BLAGOJEVICH and HARRIS discussed whether it would be possible to obtain a financial benefit for ROD BLAGOJEVICH's wife in relation to the Senate seat. Specifically, ROD BLAGOJEVICH referred to his wife's Series 7 license [23] and asked "is there a play here, with these guys, with her" to work for a firm in Washington or New York at a significantly better salary than she is making now. Also, ROD BLAGOJEVICH wanted to know whether SEIU could do something to get his wife a position at Change to Win until ROD BLAGOJEVICH could take a position at Change to Win.
101. On November 10, 2008, ROD BLAGOJEVICH, his wife, JOHN HARRIS, Governor General Counsel, and various Washington-D.C. based advisors, including Advisor
B, discussed the open Senate seat during a conference call. (The Washington D.C.-based advisors to ROD BLAGOJEVICH are believed to have participated on this call from Washington D.C.). Various individuals participated at different times during the call. The call lasted for approximately two hours, and what follows are simply summaries of various portions of the two-hour call.
_________a. ROD BLAGOJEVICH expressed his interest in figuring out a way to make money and build some financial security, while at the same time potentially participating in the political arena again. ROD BLAGOJEVICH mentioned the Senate seat, the dynamics of a new Presidential administration with the strong contacts that ROD BLAGOJEVICH has in it, and asked what if anything he can do to make that work for him and his wife and his responsibilities as Governor of Illinois. ROD BLAGOJEVICH suggested during the call that he could name himself to the open Senate seat to avoid impeachment by the State of Illinois legislature. ROD BLAGOJEVICH agreed it was unlikely that the President-elect would name him Secretary of Health and Human Services or give him an ambassadorship because of all of the negative publicity surrounding ROD BLAGOJEVICH.
__________b. ROD BLAGOJEVICH asked what he can get from the President-elect for the Senate seat. ROD BLAGOJEVICH stated that Governor General Counsel believes the President-elect can get ROD BLAGOJEVICH's wife on paid corporate boards in exchange for naming the President-elect's pick to the Senate. Governor General Counsel asked, "can [the President-elect] help in the private sector. . . where it wouldn't be tied to him? . . .I mean, so it wouldn't necessarily look like one for the other." ROD BLAGOJEVICH's wife suggested during the call that she is qualified to sit on corporate boards and has a background in real estate and appraisals. ROD BLAGOJEVICH asked whether there is something that could be done with his wife's "series 7" license in terms of working out a deal for the Senate seat. ROD BLAGOJEVICH stated that he is "struggling" financially and does "not want to be Governor for the next two years."
__________c. ROD BLAGOJEVICH said that the consultants (Advisor B and another
consultant are believed to be on the call at that time) are telling him that he has to "suck it up" for two years and do nothing and give this "motherf--ker [the President-elect] his senator. F--k him. For nothing? F--k him." ROD BLAGOJEVICH states that he will put "[Senate Candidate 4]" in the Senate "before I just give f--king [Senate Candidate 1] a f--king Senate seat and I don't get anything." (Senate Candidate 4 is a Deputy Governor of the State of Illinois). ROD BLAGOJEVICH stated that he needs to find a way to take the "financial stress" off of his family and that his wife is as qualified or more qualified than another specifically named individual to sit on corporate boards. According to ROD BLAGOJEVICH, "the immediate challenge [is] how do we take some of the financial pressure off of our family." Later in the phone call, ROD BLAGOJEVICH stated that absent getting something back, ROD BLAGOJEVICH will not pick Senate Candidate 1. HARRIS re-stated ROD BLAGOJEVICH's thoughts that they should ask the President-elect for something for ROD BLAGOJEVICH's financial security as well as maintain his political viability. HARRIS said they could work out a three-way deal with SEIU and the President-elect where SEIU could help the President-elect with ROD BLAGOJEVICH's appointment of Senate Candidate 1 to the vacant Senate seat, ROD BLAGOJEVICH would obtain a position as the National Director of the Change to Win campaign, and SEIU would get something favorable from the President-elect in the future.
__________d. One of ROD BLAGOJEVICH's advisors said he likes the idea, it sounds like a good idea, but advised ROD BLAGOJEVICH to be leery of promises for something two years from now. ROD BLAGOJEVICH's wife said they would take the job now. Thereafter, ROD BLAGOJEVICH and others on the phone call discussed various ways ROD BLAGOJEVICH can "monetize" the relationships he is making as Governor to make money after ROD BLAGOJEVICH is no longer Governor.
102. Later on November 10, 2008, ROD BLAGOJEVICH and Advisor A discussed the open Senate seat. Among other things, ROD BLAGOJEVICH raised the issue of whether the President-elect could help get ROD BLAGOJEVICH's wife on "paid corporate boards right now." Advisor A responded that he "think[s] they could" and that a "President-
elect . . . can do almost anything he sets his mind to." ROD BLAGOJEVICH states that he will appoint "[Senate Candidate 1] . . . but if they feel like they can do this and not f--king give me anything . . . then I'll f--king go [Senate Candidate 5]." (Senate Candidate 5 is publicly reported to be interested in the open Senate seat). ROD BLAGOJEVICH stated that if his wife could get on some corporate boards and "picks up another 150 grand a year or whatever" it would help ROD BLAGOJEVICH get through the next several years as Governor.
103. Later on November 10, 2008, ROD BLAGOJEVICH and Advisor A again discussed the open Senate seat. ROD BLAGOJEVICH and Advisor A discussed leaking to the same particular Chicago Sun-Times columnist that ROD BLAGOJEVICH is seriously considering Senate Candidate 5 for the open Senate seat, in order to send a message to the President-elect that there are options for the Senate seat beyond Senate Candidate 1. At the end of the conversation Advisor A agreed to call the Sun Times columnist to leak the story (believed, based on other intercepted conversations, to be untrue), that ROD BLAGOJEVICH had a "long, productive discussion" with Senate Candidate 5 regarding the open Senate seat.
104. On November 11, 2008, ROD BLAGOJEVICH talked with JOHN HARRIS about the Senate seat. ROD BLAGOJEVICH suggested starting a 501(c)(4) organization (a non-profit organization that may engage in political activity and lobbying) and getting "his (believed to be the President-elect's) friend Warren Buffett or some of those guys to help us on something like that." HARRIS asked, "what, for you?" ROD BLAGOJEVICH replied, "yeah." Later in the conversation, ROD BLAGOJEVICH stated that if he appoints Senate Candidate 4 to the Senate seat and, thereafter, it appears that ROD BLAGOJEVICH might get impeached, he could "count on [Senate Candidate 4], if things got hot, to give [the Senate seat] up and let me parachute over there." HARRIS said, "you can count on [Senate Candidate 4] to do that." Later in the conversation, ROD BLAGOJEVICH said he knows that the President-elect wants Senate Candidate 1 for the Senate seat but "they're not willing to give me anything except appreciation. F--k them."
105. Later on November 11, 2008, ROD BLAGOJEVICH talked with Advisor A. Advisor A indicated that he will stay "on top" of getting the Senate Candidate 5 information leaked to the particular Sun Times columnist. ROD BLAGOJEVICH again raised the idea of the 501(c)(4) organization and asked whether "they" (believed be the President-elect and his associates) can get Warren Buffett and others to put $10, $12, or $15 million into the organization. Advisor A responded that "they" should be able to find a way to fund the organization. Later in the conversation, ROD BLAGOJEVICH returned to the issue of the 501(c)(4) organization and noted that he is looking for "$10, $15, $20 million in an organization like that." ROD BLAGOJEVICH said that when he is "no longer Governor" he could go over to the organization. ROD BLAGOJEVICH said that "[Senate Candidate
6]" ( Senate Candidate 6, based on other intercepted conversations, is believed to be a wealthy person from Illinois) "could raise me money like that for a Senate seat." ROD BLAGOJEVICH asked, "if I get [Senate Candidate 6] to do something like that, is it worth giving him the Senate seat?" Advisor A responded that it would be hard to put Senate Candidate 6 in the Senate seat. ROD BLAGOJEVICH said that it would be better than putting Senate Candidate 1 in the Senate and not getting anything back. Later in the conversation, ROD BLAGOJEVICH and Advisor A again discussed the possibility of a 501(c)(4) organization, and ROD BLAGOJEVICH again noted that "[Senate Candidate 6]" could "do it." ROD BLAGOJEVICH and Advisor A discussed who might be close to Senate Candidate 6 to talk with him about the issue, because ROD BLAGOJEVICH did not "want to be the one to ask something like that." Advisor A agreed to find out who is close to Senate Candidate 6.
106. On November 12, 2008, ROD BLAGOJEVICH talked with JOHN HARRIS. ROD BLAGOJEVICH noted that CNN is reporting that Senate Candidate 1 does not want the open Senate seat. HARRIS said he thought that is just a tactic. ROD BLAGOJEVICH raised the issue of the 501(c)(4) organization and that contributors and others can put "10 to
15 million in it so I can advocate health care and other issues I care about and help them, while I stay as Governor, she's (believed to be Senate Candidate 1) a Senator." ROD BLAGOJEVICH noted that the President-elect can ask Warren Buffett, Bill Gates, and others for money for the organization. ROD BLAGOJEVICH states he will ask "[Senate Candidate 6]" to help fund it as well. HARRIS said that funding the 501(c)(4) would be a lot easier for the President-elect than appointing ROD BLAGOJEVICH to a position. ROD BLAGOJEVICH said, "They could say "hey, we get [Senate Candidate 1]. Let's help this guy have a 501(c)(4) issue advocacy organization. Let's fund it to the level that he's asked for and then we'll get [Senate Candidate 1]." ROD BLAGOJEVICH said that he will control the 501(c)(4) organization through a board of directors while he is Governor, and then a position in the 501(c)(4) would be waiting for him when he was no longer Governor.
107. On November 12, 2008, ROD BLAGOJEVICH talked with Advisor B. ROD BLAGOJEVICH discussed with Advisor B his idea for a 501(c)(4) organization. Advisor B stated that he likes the idea, but liked the Change to Win option better because, according to Advisor B, from the President-elect's perspective, there would be fewer "fingerprints" on the President-elect's involvement with Change to Win because Change to Win already has an existing stream of revenue and, therefore, "you won't have stories in four years that they bought you off." ROD BLAGOJEVICH said that he likes the 501(c)(4) idea because he knows it will be there in two years when he is no longer Governor, whereas Change to Win might not be.
108. On November 12, 2008, ROD BLAGOJEVICH talked with one of his Washington D.C.-based advisors. ROD BLAGOJEVICH explained the 501(c)(4) organization idea to the advisor, and that "[the President-elect] gets these Warren Buffett types to [fund it]" The advisor asked ROD BLAGOJEVICH if the 501(c)(4) is a real effort or just a vehicle to help ROD BLAGOJEVICH. ROD BLAGOJEVICH stated that it is a real effort but also a place for ROD BLAGOJEVICH to go when he is no longer Governor. The advisor said he likes the Change to Win idea better, and notes that it is more likely to happen because it is one step removed from the President-elect.
109. On November 12, 2008, ROD BLAGOJEVICH spoke with SEIU Official, who was in Washington, D.C. Prior intercepted phone conversations indicate that approximately a week before this call, ROD BLAGOJEVICH met with SEIU Official to discuss the vacant Senate seat, and ROD BLAGOJEVICH understood that SEIU Official was an emissary to discuss Senate Candidate 1's interest in the Senate seat. During the conversation with SEIU Official on November 12, 2008, ROD BLAGOJEVICH informed SEIU Official that he had heard the President-elect wanted persons other than Senate Candidate 1 to be considered for the Senate seat. SEIU Official stated that he would find out if Senate Candidate 1 wanted SEIU Official to keep pushing her for Senator with ROD BLAGOJEVICH. ROD BLAGOJEVICH said that "one thing I'd be interested in" is a 501(c)(4) organization. ROD BLAGOJEVICH explained the 501(c)(4) idea to SEIU Official and said that the 501(c)(4) could help "our new Senator [Senate Candidate 1]." SEIU Official agreed to "put that flag up and see where it goes."
110. On November 12, 2008, ROD BLAGOJEVICH talked with Advisor B. ROD BLAGOJEVICH told Advisor B that he told SEIU Official, "I said go back to [Senate
Candidate 1], and, and say hey, look, if you still want to be a Senator don't rule this out and then broach the idea of this 501(c)(4) with her."
111. Later on November 12, 2008, ROD BLAGOJEVICH talked with JOHN HARRIS. ROD BLAGOJEVICH stated that his decision about the open Senate seat will be based on three criteria in the following order of importance: "our legal situation, our personal situation, my political situation. This decision, like every other one, needs to be based upon on that. Legal. Personal. Political." HARRIS said, "legal is the hardest one to satisfy." ROD BLAGOJEVICH said that his legal problems could be solved by naming himself to the Senate seat.
112. On November 13, 2008, ROD BLAGOJEVICH talked with JOHN HARRIS. ROD BLAGOJEVICH said he wanted to be able to call "[President-elect Advisor] and tell President-elect Advisor that "this has nothing to do with anything else we're working on but the Governor wants to put together a 501(c)(4)" and "can you guys help him. . . raise 10, 15 million." ROD BLAGOJEVICH said he wanted "[President-elect Advisor] to get the word today," and that when "he asks me for the Fifth CD thing I want it to be in his head." (The reference to the "Fifth CD thing" is believed to relate to a seat in the United States House of Representatives from Illinois' Fifth Congressional District. Prior intercepted phone conversations indicate that ROD BLAGOJEVICH and others were determining whether ROD BLAGOJEVICH has the power to appoint an interim replacement until a special election for the seat can be held.).
113. Also on November 13, 2008, ROD BLAGOJEVICH talked with Advisor A. ROD BLAGOJEVICH said he wants the idea of the 501(c)(4) in President-elect Advisor's head, but not in connection with the Senate appointment or the congressional seat. Advisor A asked whether the conversation about the 501(c)(4) with President-elect Advisor is connected with anything else. ROD BLAGOJEVICH replied that "it's unsaid. It's unsaid."
114. Later on November 13, 2008, ROD BLAGOJEVICH spoke with Advisor A. ROD BLAGOJEVICH asked Advisor A to call Individual A and have Individual A pitch the
idea of the 501(c)(4) to "[President-elect Advisor]." Advisor A said that, "while it's not said this is a play to put in play other things." ROD BLAGOJEVICH responded, "correct." Advisor A asked if this is "because we think there's still some life in [Senate Candidate 1] potentially?" ROD BLAGOJEVICH said, "not so much her, but possibly her. But others."
115. Throughout the past month, ROD BLAGOJEVICH has continued to engage in numerous conversations relating to filling the open Senate seat. In these conversations, he has repeatedly discussed the attributes of potential candidates, including, among other things, the candidates' ability to benefit the State of Illinois, and the personal and political benefits for himself and his family of appointing particular candidates. These calls have included the following:
__________a. On December 4, 2008, ROD BLAGOJEVICH spoke to Advisor B and informed Advisor B that he was giving Senate Candidate 5 greater consideration for the Senate seat because, among other reasons, if ROD BLAGOJEVICH ran for re-election Senate Candidate 5 would "raise[] money" for ROD BLAGOJEVICH, although ROD BLAGOJEVICH said he might "get some (money) up front, maybe" from Senate Candidate 5 to insure Senate Candidate 5 kept his promise about raising money for ROD BLAGOJEVICH. (In a recorded conversation on October 31, 2008, ROD BLAGOJEVICH described an earlier approach by an associate of Senate Candidate Five as follows: "We were approached "pay to play." That, you know, he'd raise me 500 grand. An emissary came. Then the other guy would raise a million, if I made him (Senate Candidate 5) a Senator.")
__________b. Later on December 4, 2008, ROD BLAGOJEVICH spoke to Fundraiser
A. ROD BLAGOJEVICH stated he was "elevating" Senate Candidate 5 on the list of candidates for the open Senate seat. ROD BLAGOJEVICH stated he might be able to cut a deal with Senate Candidate 5 that provided ROD BLAGOJEVICH with something "tangible up front." ROD BLAGOJEVICH noted he was going to meet with Senate Candidate 5 in the next few days. ROD BLAGOJEVICH told Fundraiser A to reach out to Individual D, an individual who ROD BLAGOJEVICH is attempting to obtain campaign contributions from and who, based on intercepted phone calls, ROD BLAGOJEVICH believes to be close to Senate Candidate 5. ROD BLAGOJEVICH told Fundraiser A to tell
Individual D that Senate Candidate 5 was very much a realistic candidate for the open Senate seat, but that ROD BLAGOJEVICH was getting "a lot of pressure" not to appoint Senate Candidate 5. ROD BLAGOJEVICH told Fundraiser A to tell Individual D that ROD BLAGOJEVICH had a problem with Senate Candidate 5 just promising to help ROD BLAGOJEVICH because ROD BLAGOJEVICH had a prior bad experience with Senate Candidate 5 not keeping his word. ROD BLAGOJEVICH told Fundraiser A to tell Individual D that if Senate Candidate 5 is going to be chosen to fill the Senate seat "some of this stuffs gotta start happening now . . .right now. . . and we gotta see it. You understand?" ROD BLAGOJEVICH told Fundraiser A that "you gotta be careful how you express that and assume everybody's listening, the whole world is listening. You hear me?" ROD BLAGOJEVICH told Fundraiser A to tell Individual D if there is "tangible political support (campaign contributions) like you"ve said, start showing us now." Fundraiser A stated he will call Individual D on the phone to communicate ROD BLAGOJEVICH's message. ROD BLAGOJEVICH responded that "I would do it in person. I would not do it on the phone." ROD BLAGOJEVICH told Fundraiser A to communicate the "urgency" of the situation to Individual D.
__________c. On December 5, 2008, ROD BLAGOJEVICH spoke to Fundraiser A. On the morning of December 5, 2008, the Chicago Tribune ran a front page news story stating that ROD BLAGOJEVICH had recently been surreptitiously recorded in relation to an ongoing criminal investigation. During the conversation on December 5, 2008, ROD BLAGOJEVICH and Fundraiser A discuss certain information contained in the newspaper story. ROD BLAGOJEVICH instructed Fundraiser A to "undo your [Individual D] thing." Fundraiser A confirmed that it would be undone.
__________d. Also on December 5, 2008, after publication of the Tribune article described above, ROD BLAGOJEVICH and three others discussed whether to move money out of the Friends of Blagojevich campaign fund to avoid having the money frozen and also considered the possibility of prepaying the money to ROD BLAGOJEVICH's criminal defense attorney with an understanding that the attorney would donate the money back at a later time if it was not needed. They also discussed opening a new fund raising account named Citizens for Blagojevich with new contributions received.
116. In addition, in the course of the conversations over the last month, ROD BLAGOJEVICH has spent significant time weighing the option of appointing himself to the open Senate seat, and has expressed a variety of reasons for doing so, including frustration at being "stuck" as governor, a belief that he will be able to obtain greater resources if he is indicted as a sitting Senator as opposed to a sitting governor, and a desire to remake his image in consideration of a possible run for President in 2016, avoid impeachment by the Illinois legislature, make corporate contacts that would be of value to him after leaving public office, facilitate his wife's employment as a lobbyist, and assist in generating speaking fees should he decide to leave public office.
III. CONCLUSION
117. Based upon the facts set forth in this affidavit, I believe that there is probable cause to believe that: (a) ROD BLAGOJEVICH and JOHN HARRIS, and others have conspired with each other and with others to commit offenses against the United States, namely to devise and participate in a scheme to defraud the State of Illinois and the people of the State of Illinois of the honest services of ROD BLAGOJEVICH and JOHN HARRIS, in furtherance of which the mails and interstate wire communications would be used, in violation of Title 18, United States Code, Sections 1341, 1343, and 1346; all in violation of Title 18, United States Code, Section 1349; and (b) ROD BLAGOJEVICH and JOHN HARRIS, being agents of the State of Illinois, a State government which during a one-year period, beginning January 1, 2008 and continuing to the present, received federal benefits in excess of $10,000, corruptly solicited and demanded a thing of value, namely, the firing of certain Chicago Tribune editorial members responsible for widely-circulated editorials critical of ROD BLAGOJEVICH, intending to be influenced and rewarded in connection with business and transactions of the State of Illinois involving a thing of value of $5,000 or more, namely, the provision of millions of dollars in financial assistance by the State of Illinois, including through the Illinois Finance Authority, to the Tribune Company involving the Wrigley Field baseball stadium; in violation of Title 18, United States Code, Sections 666 (a)(1)(B) and 2. Accordingly, it is requested that arrest warrants be issued as detailed in this affidavit. ________________________________
Daniel W. Cain
Special Agent
Federal Bureau of Investigation
Sworn to before me this
day of December 2008.
HONORABLE MICHAEL T. MASON
Magistrate Judge
Northern District of Illinois
[Footnote 22] Open source information indicates that Change to Win is an organization affiliated with seven unions, including SEIU, and appears to be focused on having the affiliated unions work together on matters of common interest. SEIU Official is affiliated with SEIU.
[Footnote 23]
A Series 7 license is the most comprehensive of several securities licenses and permits an agent to communicate with retail investors.
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