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Burris Statements to Lawmakers Referred to Prosecutor (Update3)

By Andrew Harris

Feb. 17 (Bloomberg) -- U.S. Senator Roland Burris’s statements to Illinois lawmakers about whether he solicited political donations for former Governor Rod Blagojevich before getting named to the Senate are being reviewed by a prosecutor.

Blagojevich was removed from office for abuse of power a month after he appointed Burris, a fellow Democrat, to President Barack Obama’s former seat. State lawmakers say Burris, 71, altered his account of how he got the job, and the U.S. Senate Ethics committee today said it would conduct its own review.

“He was destined to have a difficult primary and now that is a guaranty,” said Jennifer Duffy, editor of the nonpartisan Cook Political Report newsletter. Burris faces an election for the seat in 2010. “The chances of him surviving it have diminished,” Duffy said.

Illinois House Speaker Michael Madigan today referred questions about Burris’s statements to Sangamon County prosecutor John Schmidt amid reports that the senator said yesterday that he tried to raise money for Blagojevich some time after an October discussion with the former governor’s brother and chief fundraiser, Rob Blagojevich.

Rod Blagojevich, 52, was impeached by the Illinois House Jan. 9 and removed from office by the Senate three weeks later after a trial in which he was accused of abusing his power.

Chicago U.S. Attorney Patrick Fitzgerald in December filed criminal charges against Blagojevich, accusing him of trying to trade Obama’s U.S. Senate seat for campaign cash or other favors. The ex-governor has said he’s innocent of the charges.

Peoria Comments

In an impromptu meeting with reporters after a political dinner in Peoria last night, Burris, a Democrat, said he tried to raise money for Blagojevich sometime between conversations with the former governor’s brother before and after the Nov. 4 U.S. presidential election, the Chicago Tribune reported today.

Burris said that, while he was unsuccessful in organizing a fundraiser for the governor, he and his partner in the Chicago- based consulting firm Burris & Lebed, might be able to raise $1,000 from other sources, according to the newspaper’s report.

The senator later had a third conversation in which he told the ex-governor’s brother he couldn’t involve himself in fundraising because of his interest in the Obama seat.

Jason Erkes, a spokesman for the senator, didn’t immediately return voice-mail and e-mail messages seeking comment on the Tribune report. Burris’s attorney, Timothy Wright of Chicago, also didn’t immediately return a call seeking comment.

Bill Burton, an Obama spokesman, declined to comment on today’s reports on Burris.

‘Truth, Integrity’

“The matter is under review by this office,” the prosecutor, Schmidt, said, confirming the House speaker’s referral. Springfield, the state capital, is located in Sangamon County.

Natalie Ravitz, a spokeswoman for U.S. Senator Barbara Boxer, a California Democrat, confirmed the federal ethics inquiry.

“Whenever allegations of improper conduct are brought to the attention of the Senate Ethics Committee, we open a preliminary inquiry,” Ravitz said via e-mail.

“I encouraged the Sangamon County state’s attorney to take a closer look at this in the interest of truth, integrity and transparency,” Illinois Attorney General Lisa Madigan, a Democrat, said in a statement. She said she is “pleased” that Schmidt is reviewing the issue.

‘Proper Thing’

House speaker Madigan, the attorney general’s father, is also the state’s Democratic Party leader. “We aren’t calling on anybody to do anything,” the Chicago representative’s spokesman, Steve Brown, said of the referral to Schmidt. “It was just the proper thing to do.”

Brown declined to comment on calls for Burris to resign.

U.S. Senate Majority Leader Harry Reid, a Nevada Democrat, said he “supports Senator Burris’s decision to cooperate with all appropriate officials who may review this matter,” including state agencies and the U.S. Senate’s ethics committee, he said in a statement.

Illinois Governor Pat Quinn, according to his spokesman, Bob Reed, has said that Burris and his lawyers should disclose everything that should be disclosed. “The more sunshine, the better,” said Reed, speaking for Blagojevich’s Democratic successor.

Burris Testimony

Burris, a former state attorney general, was sworn in to replace Obama on Jan. 15, one week after testifying before the Illinois House panel. Burris said in a Jan. 5 affidavit that he had no contact with the Blagojevich administration before Dec. 26 regarding the seat.

Three days later, Burris told the House panel he talked with Blagojevich’s chief of staff, Lon Monk, now a lobbyist, and expressed interest in the seat.

On Feb. 14, Burris made public a Feb. 4 affidavit in which he said he was asked by Rob Blagojevich to raise money for the former governor. Burris said in the affidavit that he talked to Rob Blagojevich once in October and twice after the Nov. 4 election. In his Feb. 4 affidavit, Burris had said he didn’t raise or donate any money to Blagojevich after attending a June 27 fundraising event.

“At no time did I ever make any inconsistent statements,” Burris told reporters Feb. 15 at a press conference in Chicago.

Asked if he was concerned about a perjury probe, Burris said, “Any investigation will support what I am saying because those are the facts.”

Republicans Respond

Illinois Representative Jim Durkin of Western Springs, the ranking Republican on the House impeachment committee, said at a Feb. 15 press conference, “Mr. Burris had every opportunity in the world to fully describe his relationship with the governor.”

Durkin and fellow Republican Representative Tom Cross of Oswego said Burris’s most-recent filing contradicted the earlier affidavit and the answers he gave Durkin during his testimony.

“If you have that much of a memory problem, then maybe you shouldn’t be in the United States Senate,” Cross said.

Melanie Sloan, executive director of Citizens for Responsibility and Ethics in Washington, said in a statement, “The evidence suggests Senator Burris lied under oath when he failed to disclose these contacts earlier.”

Burris should be expelled if he is found to have lied to Senate leaders, Sloan said.

Democratic fundraiser Bill Brandt, principal of the Chicago-based restructuring firm Development Specialists Inc., called Burris’s situation “untenable” and said he should resign.

“It’s not sufficient for a U.S. senator to be above suspicion,” Brandt said. “A U.S. senator has to be above the perception of ever being under suspicion.”

‘Only Dignified Thing’

Brandt, 59, has raised money for candidates including then U.S. Senator Hillary Clinton, now U.S. secretary of state, when she ran against Obama for the Democratic presidential nomination. He also raised funds for Mike Quigley, the Cook County Board of Commissioners member running in a special election to fill the Congressional seat vacated by Obama’s chief of staff, Rahm Emanuel.

“I like Roland Burris, but I think the only dignified thing for him to do is end the circus and resign,” Brandt said.

To contact the reporter on this story: Andrew Harris in Chicago at aharris16@bloomberg.net.

Last Updated: February 17, 2009 21:55 EST