
On December 9, 2008, at 6:15 am, Rod Blagojevich was aressted for Corruption charges. According to a criminal complaint filed in US District Court, Blagojevich is accused of conspiracy to commit mail fraud and wire fraud, as well as soliciting bribes. It is alleged that he attempted to benefit financially from his sole authority to fill the US Senate seat vacated by President-elect Barack Obama. Blagojevich was released on $4,500 bail and surrendered his passport.
On December 10, all 50 remaining Senate Democrats signed a letter calling for Blagojevich to resign and demanding that he not appoint a replacement for Obama. The letter also said that if Blagojevich did appoint a successor, "we would be forced to exercise our Constitutional authority under Article I, Section 5, to determine whether such a person should be seated". This indicates that such a person appointed would probably not serve. Earlier, Illinois' remaining Senator, Dick Durbin, urged the state legislature to quickly set a special election to fill Obama's vacant Senate seat, saying that any appointment by Blagojevich would not be legitimate.