Lawyer: Governor was all talk, no action

SPRINGFIELD - Gov. Rod Blagojevich is a jabbermouth who talked big but never actually did anything, so there's no grounds to remove him from office, his attorney told lawmakers investigating impeachment.

"It is just people jabbering. There is no evidence that anyone ever did anything," Edward Genson said of conversations federal agents caught on tape that they say detail the governor trying to sell off a U.S. Senate seat for personal gain and otherwise profit from his public office.

As Genson pointed out, none of the conspiracies described in the federal agents' recordings and used to back up the governor's arrest last week actually occurred.

"This is two months of someone who obviously likes to talk a lot, but two months of nothing getting done," he told members of an Illinois House impeachment panel.

Genson's verbose defense of Blagojevich may be a preview of how he hopes to fight pending criminal charges in addition to the impeachment.

And Blagojevich is hoping taxpayers will foot the legal bills, both for impeachment and in the federal case. Genson formally asked Attorney General Lisa Madigan to approve payment Wednesday. A Madigan spokesman said a response should come soon.

Meanwhile, the Illinois Supreme Court denied Madigan's efforts to have the justices remove the governor on the grounds he has become disabled and cannot do his job. The case was widely considered a long shot and was rejected without comment.

That leaves impeachment or resignation as the two avenues for Blagojevich leaving office. His attorney has said the two-term Democratic governor has no plans or reason to quit.

Genson later said Blagojevich will not appoint a senator to replace Obama, even though he legally still has that power. U.S. Senate leaders have already said they won't accept an appointment by Blagojevich, so there's no reason for him to select someone, he said.

On the impeachment front, Wednesday's hearing was the first in which lawmakers formally reviewed and questioned the governor's conduct as they work toward a recommendation on whether he should be impeached.

Blagojevich has yet to address Illinoisans regarding the situation, though he told reporters who staked out his morning jog that he's "dying" to tell his side. As he readied for a morning run at his North Side home, he stood on top of his steps and channeled his idol, Elvis Presley.

"Hang loose, to quote Elvis," he said. "Hang loose."

Wednesday's impeachment committee proceedings covered the scandalous conversations caught on a federal wiretap of the governor apparently trying to figure out how he can profit most from naming President-elect Barack Obama's replacement in the U.S. Senate, shaking down a children's hospital executive for a campaign donation and pressing the Chicago Tribune to fire writers in exchange for state help selling Wrigley Field.

But the impeachment push isn't limited to federal criminal cases. House Democrats began looking at impeachment as an option months ago on possible abuse of power charges, citing the governor's track record of ignoring state laws and constitutional responsibilities.

The panel is expected to take up those grounds today.

Still unknown is the extent that U.S. Attorney Patrick Fitzgerald will cooperate with the process. Lawmakers are working on a request to Fitzgerald detailing who and what they'd like to access. His answer could go a long way toward determining how long and how far this impeachment investigation goes.

Also unknown is whether Blagojevich will ever address the committee.

"Maybe I will and maybe I won't," Genson said when asked if he'll let the governor appear before the impeachment panel. He dared members to subpoena his client.

Genson acknowledged Blagojevich has a "terrible public relations problem" but said he must be given a "fair shake" and repeatedly blasted the impeachment process as shortchanging Blagojevich's rights. He called the action "illegal" and said he's considering challenging it in federal court.

But Genson often seemed to struggle to find any footing in this mostly political process. The rules of evidence, burden of proof or other guidelines that have been part of his practice for the past four decades don't necessarily apply here. What he can and cannot do, in fact his very participation, is at the sole discretion of the impeachment panel members.

This disadvantage is one created by the 1970 state constitution. Impeaching a governor requires nothing more than 60 votes in the 118-member House. How and why they do it is up to them.

And while much of Illinois is clamoring for quick action, Genson suggested the case is a "witch hunt."

At the end of Wednesday's proceedings, he asked lawmakers to carefully review the documents before them and ask themselves two questions: Is it enough? Is it time?

But that could prove to be a miscalculation as numerous state lawmakers say this governor has abused his power for too long and must be stopped now. The vote to create the impeachment panel was 113-0.

The panel reconvenes today at 10 a.m. The proceedings can be watched online at www.ilga.gov.

• Daily Herald news services contributed to this report.

Wednesday's developments

Impeachment

Gov. Rod Blagojevich's defense attorney, Ed Genson, told lawmakers, "The evidence you have is ziltch, zero, nothing." The first full day of hearings focused on federal charges and allegations against Blagojevich. Genson unsuccessfully tried to get the evidence thrown out and get certain lawmakers kicked off the panel.

Illinois Supreme Court

The state's top justices rejected a move by Illinois Attorney General Lisa Madigan to have the court consider ousting the governor.

Special election

Republicans continue to rail against Democrats for not pushing a special U.S. Senate election. Lt. Gov. Pat Quinn says the issue is still "fluid." Blagojevich still has the power to appoint a U.S. Senator from Illinois.

What is Blagojevich up to?

Before a morning jog, the governor told reporters he was "dying" to address the charges against him. He said he might do that today, but a spokesman said it could also come early next week.

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