Feb 14, 2009 9:45 pm US/Central
Republicans Want Burris Investigated
Burris' Testimony Appears At Odds With Affidavit
CHICAGO (CBS) ―
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Roland Burris, the former Illinois A.G. chosen by Governor Rod Blagojevich to fill the U. S. Senate seat vacated by President-Elect Barack Obama, answers questions in front of the Illinois house impeachment committee hearing January 8, 2009 in Illinois.
Scott Olson/Getty Images
Roland Burris now admits that the former governor's brother did ask him for fundraising help before he was appointed to fill President Obama's Senate seat.
Now, that's an issue, because Burris repeatedly denied anyone tied to Blagojevich asked for campaign cash.
CBS 2's Dorothy Tucker reports on the revised timeline.
During his entire testimony before the state Senate, Burris never mentioned anything about money.
Now all of a sudden, he remembers that Rod Blagojevich's brother asked him for a $10,000 campaign contribution. And instead of talking to only one person about his interest in the U.S. Senate seat, he now remembers talking to three people.
It seems that once Burris claimed President Barack Obama's former Senate seat, his memory got better.
At the impeachment hearings of Blagojevich, Rep, Jim Durkin was pretty direct when he asked Burris: 'Did you talk to any members of the governor's staff or anyone closely related to the governor, including family members or any lobbyists connected with him, including – let me throw out some names – John Harris, Rob Blagojevich, Doug Scofield, Bob Greenlee, Lon Monk, John Wyma. Did you talk to anybody who was associated with the governor about your desire to seek the appointment prior to the governor's arrest?'
The answer is much different in the affidavit Burris gave to the chairman of the impeachment hearings 10 days ago. Now Burris writes about a fundraiser he attended for the then-governor in June 2008 and admits that "that during that event, I likely asked Mr. Scofield and/or Mr. Wyma to tell Gov. Blagojevich that I was interested in filling now-President Barack Obama's Senate seat…"
In reference to the campaign contributions that Burris never mentioned during the impeachment trial, in the affidavit he writes: "I recall that Governor Blagojevich's brother, Rob Blagojevich, called me three times to seek my assistance in fundraising for Gov. Blagojevich…"
The document that Burris' office released Saturday says Robert Blagojevich called Burris three times -- once in October and twice after the November election -- to seek his fundraising assistance.
Burris said he told Blagojevich he would not raise money because it would look like he was trying to win favor from the governor for his appointment. But Burris said he did ask the governor's brother "what was going on with the selection of a successor" to Obama in the Senate "and he said he had heard my name mentioned in the discussions."
It's the second time Burris has changed his story. In an unsolicited affidavit Jan. 6 to the impeachment committee, Burris said he had only one limited conversation with Gov. Blagojevich before accepting the Senate appointment Dec. 30.
Appearing before the committee Jan. 8, he added that he told former Blagojevich aide-turned-lobbyist Lon Monk last summer that he was interested in the post.
The affidavit also discloses for the first time that Burris believes he likely told former Blagojevich advisers Doug Scofield and John Wyma of his interest in the post at a fundraiser in June, and later asked about it when he spoke to Blagojevich chief of staff John Harris, arrested with Blagojevich Dec. 9.
Scofield, Wyma and Harris were also among the Blagojevich associates Burris was asked about in his Jan. 8 testimony by state Rep. Jim Durkin, the committee's ranking Republican.
In response, Burris said he had spoken only to Lon Monk, a former Blagojevich aide-turned-lobbyist, last summer about his willingness to take the seat.
"This wasn't a couple of questions that I can understand someone may forget, it goes way beyond that," Durkin said Saturday. "To say that he wasn't given the opportunity to explain himself is a load of B.S."
A log of Harris' calls released to The Associated Press by the Illinois governor's office indicates Burris called Harris four times in November -- the last time on Nov. 26, when the log indicates the two spoke. Burris' affidavit says he had called Harris to recommend his nephew for a state job and during the conversation asked about the Senate seat.
In explaining the incompleteness of his testimony, Burris said in the affidavit he recalled mentioning Monk "but was then asked another question and did not mention anyone else."
His lawyer, Timothy Wright III, said in a cover letter Burris answered "truthfully and to the best of his recollection," but that the "fluid nature" of the questioning and a review of the transcript showed Burris that he "was unable to fully respond to several matters."
Senate Democrats in Washington, including Reid of Nevada and Dick Durbin of Illinois, initially said they would not seat anyone appointed by Blagojevich but eventually relented. One condition of their acceptance was Burris' impeachment committee testimony under oath that there were no promises exchanged in his appointment.
On Jan. 8, Burris testified and had an exchange with state Rep. Jim Durkin, the committee's ranking Republican. His testimony now appears inconsistent with an affidavit he sent recently to the panel.
In the latest affidavit, Burris recalls mentioning Blagojevich aide-turned-lobbyist, Lon Monk, "but was then asked another question and did not mention anyone else."
Here is the Jan. 8 exchange:
DURKIN: Now, prior to the governor's arrest, did you have any conversations, prior to his arrest did you have any conversations with the governor about your desire to be appointed to the seat?
BURRIS: No.
DURKIN: Did you talk to any members of the governor's staff or anyone closely related to the governor, including family members or any lobbyists connected with him, including let me throw out some names, John Harris, Rob Blagojevich, Doug Scofield, Bob Greenlee, Lon Monk, John Wyma, did you talk to anybody who was associated with the governor about your desire to seek the appointment prior to the governor's arrest?
BURRIS: I talked to some friends about my desire to be appointed, yes.
DURKIN: I guess the point is I was trying to ask, did you speak to anybody who was on the governor's staff prior to the governor's arrest or anybody, any of those individuals or anybody who is closely related to the governor?
BURRIS: I recall having a meeting with Lon Monk about my partner and I trying to get continued business, and I did bring it up, it must have been in September or maybe it was in July of '08 that, you know, you're close to the governor, let him know that I am certainly interested in the seat.
In a statement Saturday, Burris does explain why these facts are suddenly coming to light.
He indicates that during the hearing, there were so many questions he was unable to fully respond to them all.
He said, 'there were several facts that I was not given the opportunity to make during my testimony to the impeachment committee, so upon receiving the transcripts, I voluntarily submitted an affidavit, so everything was transparent.'
Robert Blagojevich's lawyer, Michael Ettinger, said his client contacted Burris in October to ask him to host a fundraiser for his brother because Burris had contributed in the past, but Burris said he didn't want to commit before the election. Ettinger said the subject of the Senate seat wasn't raised.
Ettinger said Robert Blagojevich remembers only one other conversation in November from the governor's campaign office, which the FBI had wiretapped at the time. He said his client confirmed Burris' account that he declined the fundraiser because of the potential conflict.
But he also told Ettinger no one on his brother's staff had ever mentioned Burris as being interested in the seat.
Glenn Selig, a spokesman for the former governor, released a statement saying Blagojevich "acted ethically and honestly and believes Sen. Burris did too."
In explaining his incomplete testimony, Burris said in the affidavit he recalled mentioning Monk "but was then asked another question and did not mention anyone else."
His lawyer, Timothy Wright III, said in a cover letter Burris answered "truthfully and to the best of his recollection," but that the "fluid nature" of the questioning and a review of the transcript showed Burris that he "was unable to fully respond to several matters."
CBS 2 was told Burris was not granting interviews.
In a telephone conversation, House Republican leader Tom Cross said the latest development is "shocking, appalling, disgusting, disappointing."
"This is a U.S. Senator and there is a question about whether he lied to a committee," Cross said.
Cross wants Burris investigated for perjury.
There is a good argument that could be made that his statements constitute perjury.
CBS 2 legal analyst Irv Miller says the evidence may be circumstantial, but strong.
"You have a statement he made under oath before the House and you have an affidavit he submitted a few days ago – they both can't be true," Miller said. "Therefore argument is that one has to be false, they're both under oath and that's perjury."
Republican lawmakers speculate that Burris may think he was captured on audio tape talking about the Senate seat and refreshing his memory, just in case.
State Rep. Jim Durkin, the impeachment committee's ranking Republican, told The Associated Press that he and House Republican Leader Tom Cross will ask Sunday for an outside investigation into whether Burris perjured himself.
State House impeachment committee chairwoman Barbara Flynn Currie, a Democrat, said she saw the affidavit earlier this week but had not had time to share it with all committee members until now. She said she was planning committee action but that seeking an outside investigation was premature at this point.
Durkin said he doesn't trust majority Democrats in the General Assembly to conduct a fair investigation into whether Burris perjured himself. But he said he doesn't know yet who should conduct the inquiry.
The Associated Press contributed to this report.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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