If the Governor Does It, That Means It Is Not Illegal
Illinois Gov. Rod Blagojevich, a Democrat, is sitting shiva at Chicago FBI headquarters with his chief of staff, charged with committing all sorts of wonderful crimes since, literally, the minute he took office. He even tried to make some scratch off the replacement for Barack Obama's Senate seat. From the criminal complaint, all emphasis mine:
Throughout the intercepted conversations, Blagojevich also allegedly spent significant time weighing the option of appointing himself to the open Senate seat and 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; a desire to remake his image in consideration of a possible run for President in 2016; avoiding impeachment by the Illinois legislature; making corporate contacts that would be of value to him after leaving public office; facilitating his wife's employment as a lobbyist; and generating speaking fees should he decide to leave public office.
In the earliest intercepted conversation about the Senate seat described in the affidavit, Blagojevich told Deputy Governor A on November 3 that if he is not going to get anything of value for the open seat, then he will take it for himself: "if . . . they're not going to offer anything of any value, then I might just take it." Later that day, speaking to Advisor A, Blagojevich said: "I'm going to keep this Senate option for me a real possibility, you know, and therefore I can drive a hard bargain." He added later that the seat "is a [expletive] valuable thing, you just don't give it away for nothing."
Over the next couple of days – Election Day and the day after – Blagojevich was captured discussing with Deputy Governor A whether he could obtain a cabinet position, such as Secretary of Health and Human Services or the Department of Energy or various ambassadorships. In a conversation with Harris on November 4, Blagojevich analogized his situation to that of a sports agent shopping a potential free agent to the highest bidder. The day after the election, Harris allegedly suggested to Blagojevich that the President-elect could make him the head of a private foundation.
Between Blagojevich, Ted Stevens, and Wiliam Jefferson, this has been a pretty bad year for criminals in public office.