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Nothing illegal, but senator “must meet a higher standard”

Though he didn’t do anything technically illegal, Illinois’ junior senator received an official slap on the wrist Nov. 20 by the Senate ethics committee for his role in the Rod Blagojevich fiasco.

The United States Senate Select Committee on Ethics said in a publicly released “Letter of Qualified Admonition” that Burris had inappropriate contact with the now-impeached governor in seeking an appointment to the Senate seat vacated by President Barack Obama.

Burris’ appointment in late December 2008 was the subject of much controversy, partly because Blagojevich made the appointment while facing impeachment, and because Burris, an African American, was chosen to fill the only U.S. Senate seat held by an African American at the time.

The ethics committee also found that Burris was less than truthful when testifying before the Illinois House of Representatives committee investigating Blagojevich, who is awaiting trial on federal charges that include attempting to sell an appointment to Obama’s vacated senate seat.

“While the [Senate Ethics] Committee did not find that the evidence before it supported any actionable violations of law, Senators must meet a much higher standard of conduct,” the ethics committee told Burris. “Your sworn affidavit and sworn testimony before the Illinois House of Representatives were inconsistent, incomplete and misleading.”

Burris told the state Special Investigative Committee in January 2009 that he did not discuss the possibility of his appointment with Blagojevich or his representatives until late December. Three days after talking to the House committee, Burris testified in front of the state Senate Impeachment Tribunal and again denied having contact with Blagojevich about an appointment. However, Burris later submitted to the House committee a second affidavit that told a different story.

In the second affidavit, Burris admitted he “likely asked” a Blagojevich aide in June 2007 to tell the governor he was interested in the senate seat if Obama was elected. Burris also said he inquired about the seat to Blagojevich’s brother and chief of staff in October and November 2008.

“Your shifting explanations about your sworn statements appear less than candid,” the ethics committee said. “You gave multiple and at times contradictory explanations for failing to disclose all your contacts with the Governor’s associates, which individually and collectively gave the appearance that you were being less than candid.”

When Burris talked to Blagojevich’s brother, the two discussed Burris raising campaign funds for the then-governor.

“During this conversation in which you appear to agree to write a check and even potentially raise money for Governor Blagojevich, you repeatedly brought up your desire to seek the Senate seat,” the ethics committee noted. “You also implied that the people you might raise money from would be unhappy if you did not receive the appointment. The Committee finds that this conversation was inappropriate in its content and implications.

“Again, the Committee has found that your actions and statements reflected unfavorably on the Senate….”

Burris issued a statement shortly after the letter was released, pointing out that the ethics committee “has closed its inquiry and cleared the Senator of any legal wrongdoing.”

Burris also noted that Sangamon County State’s Attorney John Schmidt found insufficient evidence to charge him with perjury for his conflicting testimony and subsequent affidavit.

“I am pleased that after numerous investigations, this matter has finally come to a close,” Burris said. “I thank the members of the Senate Ethics Committee for their fair and thorough review of this matter, and now look forward to continuing the important work ahead on behalf of the people of Illinois.”

Contact Patrick Yeagle at pyeagle@illinoistimes.com.