Now, it IS true that Gov. B. is innocent until proven guitly, and legally empowered to continue acting as Governor (which includes the right and duty to name someone to fill a vacant congressinoal seat representing his state).

However, it is ALSO true that the US Cosntitution allows the Senate as a whole (and presumably the House as well) to accept or reject any such appointee, and that the Illinois state constitution specifies that their Sec'y of State must rubber-stamp the Governor's nominee before the nomination becomes official.

This concept is called "checks and balances," and always seems to work out sell when unusual cicumstances (such as these) arise.