SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
To subscribe to Capitol Fax, click here.
*** UPDATED x2 - Plaintiff responds to Rauner - Rauner weighs in *** Some legislators considering intervening in pay lawsuit over “Unclean Hands” doctrine

Monday, Dec 5, 2016

* Illinois Review

“It’s all about clean hands,” a group of Republican lawmakers is complaining Monday, and the Illinois Democrats that filed a lawsuit last week to get their paychecks from State Comptroller Leslie Munger simply “don’t have them.”

The lawsuit six state representatives filed last week sues on behalf of all the state lawmakers affected by Munger’s policy of “No budget, No pay,” but those six are a part of the reason why no state budget has been passed, and why they’re not getting their paychecks.

“In order to be worthy to file the lawsuit, those filing must be worthy of asking, and they have not complied with the statutory requirements” to pass a balanced state budget Illinois Review was told by a source that wanted to remain anonymous. […]

“The House members must comply with their required duties or they have no standing to file a complaint about not getting their paychecks - in other words, they don’t have ‘clean hands’ required,” and that position could soon be filed in court.

* Here’s a bit more from an e-mail that’s being circulated among some lawmakers that I obtained this afternoon…

As of June 30, 2014, the General Assembly members get paid under a continuing appropriation bill covering their salaries.

Unfortunately for the continuing appropriation bill, the cumulative effect of the current expenditures exceeding funds estimated to be available by the General Assembly, such an appropriation bill is unconstitutional under Article VIII, Section 2(b) of the Illinois Constitution which says:

    “The General Assembly by law shall make appropriations for all expenditures of public funds by the State. Appropriations for a fiscal year shall not exceed funds estimated by the General Assembly to be available during that year. “

The doctrine of unclean hands is an affirmative defense to a Mandamus of the type requested by the 6 Illinois House members. First, look at the standard definition of Unclean Hands:

    “For instance, if a plaintiff asks the court for an injunction to stop the defendant from dumping his trash in the plaintiff’s backyard, the defendant may argue that the plaintiff has also dumped her trash in the defendant’s backyard, and so the plaintiff has “unclean hands” and should not receive the injunction she wants. The doctrine is based on an idea of basic fairness: One person should not be able to stop another person from doing a bad action if the first person is also doing it.”

Second, consider the fact that it is the very acts of the 6 named Plaintiffs individually and collectively as a body that has refused to send to the governor’s desk a Constitutional appropriations bill where all expenditures do not exceed the funds estimated to be available. The doctrine Unclean Hands of Plaintiffs should prevent the Cook County Court from issuing a Mandamus order.

The only step missing in this lawsuit is to have one or more members of the General Assembly file an interpleader to join the lawsuit as a matter of right and to oppose the relief requested because of the unclean hands of the plaintiffs. Do not let the crooks who created this problem and who can collectively solve the problem by the own required duty avoid the effects of their own Constitutional malfeasance.

*** UPDATE 1 ***  Press release…

Governor Bruce Rauner today called on Democratic legislators to put taxpayers and critical human services ahead of their own personal gain by withdrawing their lawsuit seeking paychecks and join him in pushing for a balanced budget with reforms.

“This lawsuit is a stunning reminder of why we need change in Springfield,” Governor Rauner said. “Only in Illinois would politicians who have failed to pass a balanced budget and reforms put their own personal gain before taxpayers and critical human services.”

As promised, Governor Rauner does not accept a paycheck or benefits.

“Democrats should end this frivolous lawsuit, put taxpayers and human services ahead of themselves, and pressure their leadership to work with Republicans on passing a balanced budget with reforms that create jobs, lower property taxes and improve our schools,” Rauner added.

Governor Rauner and Republican leaders are pushing for a balanced budget with reforms that will create jobs, lower property taxes and improve our schools.

Speaker Mike Madigan prefers a stopgap spending measure. While the speaker prefers calling it a budget, it is not. What the speaker advocates for is simply a short term, incomplete stopgap spending measure. Last week, the governor made clear that he will only support a stopgap measure if the Democrats pass term limits and a permanent property tax freeze.

He also talked about it at his press conference today…

*** UPDATE 2 *** From a plaintiff in that lawsuit…

- Posted by Rich Miller   69 Comments      

Nope. No emotional, thoughtless, negative, immature finger-pointing here

Monday, Dec 5, 2016

* Gov. Bruce Rauner a few days ago

“My strong recommendation is that we tone down the rhetoric,” Rauner said Friday, when asked about harsh response from Emanuel. “Heated rhetoric doesn’t help. Getting emotional doesn’t help. Pointing fingers doesn’t help. Let’s stay mature. Let’s stay thoughtful. Let’s stay positive.”

* From the almost solely Rauner-funded ILGOP today

Four More Added to
Time for Cullerton, Nekritz, Scherer and Moylan to Prove Their Independence

The Illinois Republican Party this morning made four more additions to – Sen. Tom Cullerton and Reps. Elaine Nekritz, Sue Scherer and Marty Moylan.

“Mike Madigan is doing everything in his power to block a property tax freeze, term limits, job-creating economic reforms and a balanced budget,” said Illinois Republican Party spokesman Steven Yaffe. “It’s time for legislators to put a balanced budget and bipartisan reforms ahead of Mike Madigan.”

“Tom Cullerton already betrayed the students in his district by voting to bail out Chicago Public Schools with $215 million in taxpayer money, but Elaine Nekritz, Sue Scherer and Marty Moylan can prove their independence by opposing this reckless bailout and refusing to support Mike Madigan for speaker until he allows votes on bipartisan reforms.”

Tom Cullerton
Just this month, Tom Cullerton betrayed the students in his district by voting to bail out Chicago Public Schools with $215 million in taxpayer money. Before his most recent election, Cullerton voted against the bailout, but he now sold out to Mike Madigan. Tom Cullerton proved that he cares more about Madigan’s Chicago agenda than the families in his own district.

Elaine Nekritz
Elaine Nekritz has voted 7 times to make Mike Madigan the Speaker of the House. In return, she was selected by Madigan to serve on his leadership team. Only the most loyal legislators are named one of Madigan’s top lieutenants, and taxpayers have paid a steep price for Nekritz’s loyalty.

Nekritz voted for Mike Madigan’s reform-free, 67% income tax hike, the largest in state history. She joined Madigan in teaming with Rod Blagojevich on a pension scheme that increased debt by up to $22 billion. And Nekritz even voted for legislation that makes sure she gets paid even if there is no state budget. Now, legislators are using the Nekritz-backed legislation to sue so they get paid before social services receive their funding.

It’s time for Elaine Nekritz to break with Mike Madigan.

Sue Scherer
Sue Scherer’s campaigns have pocketed more than $850,000 from Mike Madigan. So, it’s no surprise Scherer voted repeatedly to make Madigan the Speaker. Scherer also supported Madigan’s broken budget that would increase state debt by $8 billion or force a $1,000 tax hike with no reforms on Illinois families. She also helped enable the current lawsuit filed by legislators that is trying to force they get paid ahead of funding for services for the needy.

Sue Scherer can show her independent by finally opposing Mike Madigan as Speaker.

Marty Moylan
Mike Madigan has helped funnel nearly $1 million into Marty Moylan’s campaigns, and Moylan’s returned the favor by twice supporting Madigan as Speaker. Moylan joined Madigan in trying to hold local schools hostage to force a bailout for Chicago, and he voted for Madigan’s broken budget that would have required a massive tax hike without reforms. Moylan also voted to make sure he gets paid even if the government shuts down.

It’s time for Marty Moylan to put the people ahead of his political patron. It’s time for him to vote against Mike Madigan as Speaker.

…Adding… Meanwhile

Members of the Illinois House will cast votes in January on whether Michael Madigan will again serve as their speaker. And the state’s Republican Party is warning that if metro-east lawmakers vote the wrong way, it’ll haunt them in 2018.

Republicans have been trying to make an issue of whether downstate House members will vote for Madigan as speaker. Their efforts include a website,, which singles out Democratic House members from Southern Illinois: Rep. Jerry Costello II, D-Smithton; Rep. Brandon Phelps, D-Eldorado; Rep. Katie Stuart, D-Edwardsville; and Rep. Dan Beiser, D-Alton.

Costello said he hasn’t made a decision.

“I don’t think I can answer that question until I know who all the candidates are,” he said. “What I have to do is vote in a way which helps me best represent my constituents and my district. I represent roughly 110,000 people, and what I’ve got to do is make sure the vote I cast isn’t an emotional vote — that it’s a vote that allows me to best represent those people.”

- Posted by Rich Miller   25 Comments      

Pritzker getting more serious about bid as Cook rates race as “lean Republican”

Monday, Dec 5, 2016

* JB Pritzker has been calling around gauging support for a possible run for governor

Some Democrats believe Pritzker, who has instant name recognition, a lengthy resume in philanthropy and an investment in Chicago’s business and tech world, is uniquely positioned to go up against multimillionaire Republican Gov. Bruce Rauner, who in 2014 spent a record amount of money in an Illinois governor’s race — more than $65 million.

“J.B. is not intimidated by Rauner’s money,” said a source close to Pritzker. “If he did this, he would do whatever it took to do it the right way. He would run to win and he would do what it takes to do that.” […]

Not everyone is cheering Pritzker’s potential candidacy. Some progressives fear pitting a billionaire against another multi-millionaire would create the wrong narrative in the Democrats’ quest to retake the governor’s mansion. Democrats have painted Rauner as the out-of-touch rich guy who is allowing the state’s neediest to suffer in order to push through his personal political agenda. Warring sides have left the state without a full budget since Rauner took office in 2015. […]

“[Chris Kennedy] can’t walk in with a check for $100 million and go toe to toe with Rauner,” said one said a top Illinois political operative who was among those Pritzker called.

We’ll see. Rich guys like to talk a lot of smack about writing big checks, but few actually do. Rauner did, which made him unique. And, speaking of money, Rauner stressed that he didn’t inherit his great wealth, which helped him connect with people lower on the economic food chain (think his grandparents’ trailer at their dairy farm that he mentions every chance he gets, or his fondness for his Harley, or his trash-can van, or his g-droppin’ ways). Pritzker inherited a fortune, which makes it far tougher for him to show he’s like everyone else.

Also, when he hires an opposition researcher to thoroughly look into his own past, we’ll know he’s more than just taking a cursory look at this run. Rauner did that early on, which was key to understanding that he was dead serious about his campaign.

Pritzker may have “instant name recognition” in some circles, but I gotta figure that lots of folks in Rock Island or St. Clair counties don’t know who the heck he is. More importantly, what will he do to build the party beyond Cook County and other reliable Democratic strongholds? He doesn’t have to win Downstate, of course, but he has to do much better than Pat Quinn within that region. We already know he’s a progressive Democrat, but how will Pritzker connect with the rest of the state?

And, early on, he’ll need an answer to the “Madigan question.” He needs to show that he can get things done, but isn’t willing to return to the pre-Rauner “status quo.” That’ll be important to Downstate and also to the suburbs, where the pro-choice Rauner will pursue independent women with a ferver.

* Your further suggestions?

…Adding… Right on schedule…

From the narrative

There are a few guidelines that were employed in this process. First, no incumbent starts a cycle in the Toss Up column. Do we expect Illinois GOP Gov. Bruce Rauner and Pennsylvania Democratic Gov. Tom Wolf to have difficult races? Absolutely, but first they need announced first-tier opposition.

Emphasis added.

- Posted by Rich Miller   73 Comments      

* It's more than just a website and e-mails
* Kennedy may file candidate papers "in short order," while Bustos moves up DC ladder
* Del Mar gets his plum
* Emanuel meeting with Trump this morning
* So now they tell us
* *** UPDATED x1 - Cullerton optimistic but firm *** Rauner slams Madigan for refusing to put forward a budget, wanting a tax hike, stalling to force a crisis
* Yesterday's blog posts

Visit our advertisers...






Search This Blog...

Search the 98th General Assembly By Bill Number
(example: HB0001)

Search the 98th General Assembly By Keyword

* Asus heads to CES 2017 for cryptic ‘Zennovation’ event possibly starring Snapdragon 835 phone
* Phil Schiller Says November 2016 Had the 'Highest Monthly Sales Ever in App Store History'
* Google rolling out Duo 5.0 with major video quality improvements
* Fitbit may only be interested in Pebble’s software, Time 2 and Core nearing cancellation [Update: confirmed]
* Martian mVoice smartwatches pick up Amazon Alexa voice support with software update
* 'myLINGO' iOS App Lets Users Listen to Spanish Audio Tracks in Real Time at the Movies
* Google is making Android app updates a whole lot smaller

* Sale expresses appreciation for White Sox fans
* With Sale gone, White Sox ponder more moves
* Winter Meetings interview with Rick Hahn
* Sale's changing Sox send ripple effect
* Sale's changing Sox send ripple effect
* With Moncada trade, White Sox rebuild underway
* White Sox get Moncada, 3 others for Sale


Main Menu
Pundit rankings
Subscriber Content
Blagojevich Trial
Updated Posts

December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005


RSS Feed 2.0
Comments RSS 2.0


* Governor Rauner Joins Hundreds of Community Mem.....
* Governor Rauner Joins Hundreds of Community Mem.....
* Judge temporarily blocks Rauner from imposing c.....
* Watch Live: Governor signs bill to keep Exelon .....
* Watch Illinois Gov. Bruce Rauner sign the “Futu.....
* Judge temporarily blocks Rauner from imposing c.....
* State Budget Stalemate Drags On With No Deal In.....
* Judge temporarily blocks Rauner from imposing c.....
* Rauner to sign Exelon subsidy to spare 2 nuclea.....
* Judge temporarily blocks Rauner from imposing c.....

* Chicago Mayor Rahm Emanuel to meet with Trump on Wednesday
* Judge temporarily blocks Rauner from imposing contract terms
* Refuge for Women home in North Texas offers help, safety
* EXCHANGE: Flower power prunes adversity for Decatur couple
* 1 held after shots fired at Chicago police; no injuries
* Students, researchers to visit S. Illinois for solar eclipse
* Rauner to sign Exelon subsidy to spare 2 nuclear plants
* Friends remember Rashaan Salaam as more than a football star
* Illinois nurse sentenced for taking drugs meant for patients
* Farmers in Illinois donate portions of crops to charities

* Rauner to sign Exelon subsidy to spare 2 nuclear plants
* Judge blocks administration from imposing contract on AFSCME
* State budget still elusive as leaders lash out
* Illinois budget still elusive as leaders lash out
* Killer of former central Illinois man sentenced to probation
* Prosecutors: Don't move Aaron Schock trial out of Springfield
* Mendoza on state's financial crisis: 'We're going to get out of this'
* State employee's friends, coworkers rally after stroke
* Labor board formalizes AFSCME ruling; union will fight
* Mendoza sworn in as Illinois comptroller

* World-class events for a world-class city
* Trump on Air Force One deal: 'We’re going to get the prices down'
* PrivateBancorp delays vote on CIBC deal
* Foodies with a side of business
* Hard to keep track of all the rate hikes: ComEd wins one for 2017

* The merriment seems forced at juvenile ‘Office Christmas Party’
* For Chris Sale, leaving White Sox is ‘bittersweet’
* Geese, incoming and staying here: A late fall hunt (and eating)
* Emanuel to meet with Trump in New York
* Shots fired during robbery at Portage Park store
* South Shore Line train strikes vehicle in northwest Indiana
* Burbank construction company faces $80K in OSHA fines
* Man gets 55 years in prison for sexually abusing young girl
* GOP adds measure to stopgap bill to aid Mattis’ confirmation
* Georgia Nicols horoscopes for Dec. 7, 2016

* Trump picks Iowa Gov. Terry Branstad as China ambassador
* Former Bear Rashaan Salaam found dead at 42
* Bears Q&A: Matt Barkley's potential, draft plans, salary cap and more
* Frantic rescue underway after quake kills nearly 100 in Indonesia
* 75 years after Pearl Harbor, Hawaii keeps war memories alive
* In phone call with Trump, Boeing chief pledges to work with new administration after Air Force One tweet
* 'Baby, It's Cold Outside' gets updated for the age of informed consent
* 2 killed, 8 wounded in Chicago shootings over 9 hours Tuesday
* Revolution Brewing turns Deth's Tar release into a party
* Even in trading Jorge Soler, Cubs still have problems to solve

The widget AQL4JYGHIY powered by Feed Informer does not exist.

* Rauner to sign Exelon subsidy to spare 2 nuclear plants
* Judge blocks administration from imposing contract on AFSCME
* Guest Column: Electoral College reforms — be careful what you wish for
* State budget still elusive as leaders lash out
* Michael Gerson: 3 American texts for Donald Trump to read before Inauguration Day
* Guest Column: The Electoral College and prospects for reform — be careful what you wish for
* Catherine Rampell: Trump should keep this part of Obamacare
* E.J. Dionne: The new politics of fear evident in Paris
* Illinois budget still elusive as leaders lash out
* Killer of former central Illinois man sentenced to probation

* Daily Digest: Miller Park wreath ceremony Dec. 17
* Colder, snowier days ahead
* Pearl Harbor program noon today at history museum
* Pearl Harbor program at noon today at museum
* Podcast: News-Gazette reporter Marcus Jackson 12/7/16
* Trump selects Gov. Branstad as China ambassador
* Reports: Branstad accepts ambassador to China post; Gov.'s aides: Not so fast
* For some, Pearl Harbor is family history
* Tom Kacich: County executive not yet set in stone
* Danville council approves closure of Fire Station 3

* Renzi to step down now that Senate OK'd Italy's 2017 budget
* Nobel economics winner Hart worried about Trump's econ plans
* The Latest: Jury picked in Dylann Roof-church slayings trial
* The Latest: NATO chief blames Aleppo deaths on Syria, Russia
* Hawks' Scott sent to D-League as he comes back from injury

* House lawmakers overcome hurdle on key tra...
* Rodney Davis talks funding with Bloomingto...
* The agency that fought Illiana gets a new ...
* Rep. Dold takes educational cruise down Ch...
* Lawmakers decry high turnover rate of VA h...
* CBD Oil, and politics
* Simon considering state Senate bid
* Killer Congressman Tom MacArthur trying to...
* Shutdown? State may not notice
* Rep. Bob Dold

* Chicago launches task force to coordinate ......
* Chicago launches task force to coordinate ......

* SEIU leaders say planned Monday strike by ......

* Standing Rock Tribe’s Chairman David Archambault II statement on the U.S. Army Corps of Engineers decision to not grant easement.
* National universities plead to Trump on behalf of DACA, but…
* Illinois Dems sue Comptroller for overdue paychecks
* Chicago aldermen snub Trump for spotlighting city's violence
* Qualified.
* No sanctuary for undocumented students at the University of Illinois.
* GRI Grad kicks off with panel of top producers
* Poll: Evanston residents cool to idea of energy benchmarking
* Black working class males
* We hear the facts of 75 years ago; but have we really learned a lesson?

* IDHR Issues Reminder of Fair Housing Rights During Holiday Season - State law prohibits targeted, discriminatory restrictions on decorations and celebrations
* Honoring Pearl Harbor Remembrance Day - United States and Illinois flags at half-staff from Sunrise to Sunset on Wednesday, December 7, 2016.
* Rauner calls on Democratic legislators to withdraw lawsuit seeking paychecks
* Illinois Department of Labor Moves Registrations to Online Format - Another step in the Rauner Administration’s efforts to modernize government
* Illinois Student Assistance Commission Announces 2017-18 Illinois State Scholars - More Than 19,300 high school students recognized for outstanding academic achievement

      Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller