Blagojevich outfoxed everyone with his Senate appointment of Burris

Blagojevich clearly had been shopping around for a candidate who could appeal to black voters who have long been among his most loyal supporters; Rep. Danny Davis said he was approached first but turned the governor down.

But lawmakers said the Burris appointment is unlikely to earn the governor any goodwill at the state Capitol, where the Illinois House impeached him last week by a vote of 114-1.

"I think most legislators think he probably should not have made an appointment. We tried to make it clear to him that we thought he had tainted the process," said Democratic state Rep. Gary Hannig.

And Andrew Leipold, a law professor at the University of Illinois, said the appointment is unlikely to make an impression on jurors if Blagojevich ends up going to trial on the criminal charges.

"I can't imagine that months and months from now, potential jurors will think, 'He probably did it, but on the other hand, he appointed Roland Burris,"' Leipold said.

At a minimum, getting Burris appointed may send a signal that Blagojevich is still the governor, still has power and still can carry out his duties.

"It's kind of a shot across the bow to those who are rushing to judgment and trying to get him out prior to the criminal case running its course," said Bradley Simon, a former federal prosecutor who is now a defense attorney specializing in white-collar crime.