Legislation won't let Blagojevich cash in on book deal

SPRINGFIELD -- The same state Senate that drove ex-Gov. Blagojevich from office moved Thursday to block him from cashing in on his notoriety, but doubts began to grow over the plan's legality.

By a 59-0 vote, senators sent Gov. Quinn the Elected Officials Misconduct Forfeiture Act, which aims to stop the financially-strapped ex-governor from making a buck off of book or TV deals arising from his scandalous stint in office.

"Were not trying to prevent him from making a living. We're trying to prevent him from taking advantage of the people of the state of Illinois," said Sen. Terry Link (D-Vernon Hills), the bill's lead Senate sponsor.

Link said the legislation, sponsored by Rep. Jack Franks (D-Woodstock) in the House, would not apply to income former First Lady Patti Blagojevich derives from her role in NBC's jungle-based, reality show, "I'm a Celebrity ... Get Me Out of Here!"

If the legislation becomes law, it would authorize the attorney general to launch a lawsuit against Blagojevich, after a criminal conviction, to claim "all proceeds traceable to the elected official's offense" on behalf of the state. Those funds could then be deposited into the state's general checking account or a county's corporate fund.

Gov. Quinn has not formulated a position on the bill, spokesman Bob Reed said.

A top legal expert and the ex-governor's camp called the legislation constitutionally flawed.

"This is patently unconstitutional," Blagojevich publicist Glenn Selig said in a prepared statement. "There are legions of First Amendment attorneys all over America who can't wait to jump on this. Passing a vindictive law like this makes you wonder what those people in Springfield don't want the people to know."

In February, laying out his interest in a book deal, Blagojevich told WLS-AM about watching legislators become adulterous drunkards in Springfield. He also recounted how one legislative leader asked him to find a job for a married, rank-and-file member's mistress.

Selig said Blagojevich is on track to have a book about his experiences published later this year by Phoenix Books. Its working title is "The Governor."

While the legislation advanced without opposition, state Sen. Kwame Raoul (D-Chicago) echoed Blagojevich's concerns that the legislation could be unconstitutional because it might infringe on Blagojevich's First Amendment right to free speech.

A top constitutional expert, DePaul University law professor Jeffrey M. Shaman, agreed, adding the legislation is written broadly with no clear definition of what income is considered "traceable" to Blagojevich's alleged wrongdoing.

Shaman, the former president of the American Civil Liberties Union of Illinois, said the legislation also sounds like a bill of attainder -- an act of the Legislature that punishes someone who has not been found guilty of a crime. The U.S. Constitution explicitly bars such laws.

"I think it has very serious constitutional problems," Shaman said.

But Link, the bill's Senate sponsor, insisted the legislation is constitutional and patterned after "Son of Sam" laws in 39 other states that bar criminals from profiting from their crimes.

Blagojevich also has much bigger fish to fry legally than this bill, Link said.

"I think he has enough problems. He doesn't want to challenge this right now," Link said.