*** Click here to read the transcript of AG Madigan’s press conference. ***
* 12:46 PM - Here it is…
* Brief [Alternative link]
* Motion for Temporary Restraining Order or Injunction [Alternative link]
* Supporting Record [Alternative link]
[Note: The pdf files don’t allow for copy and paste, so all spelling errors from here on out are probably mine, due to extreme time constraints.]
* The motion asks the Supreme Court to…
“enter emergency injunctive relief enjoining Mr. Blagojevich from acting as Governor and naming Lieutenant Governor as Acting Governor until such time as the Court resolves the merits of this action or otherwise determines that such disability has been removed.”
Alternatively, AG Madigan asks that Blagojevich be enjoined from exercising powers over filling the vacant US Senate seat, acting on legislation, directing state agencies with regard to negotiating and execution of contracts, directing activities of the IL Finance Authority and the tollway, and directing disbursement of state funds. LG Quinn should be given those responsibilities, Madigan argues.
* AG Madigan claims in the motion that “The people have a clearly ascertainable right in need of protection,” and they will “suffer irreparable harm if the injunction is not granted.”
“It is likely that Mr. Blagojevich’s future official actions will not be calculated to be in the best interest of the People, but rather will be designed to improve his public standing and his position with regard to the pending criminal charges. Furthermore, Mr. Blagojevich clearly will not be able to devote his attention to his official duties because of the pending charges and likely criminal trial.”
Without immediate action, the citizens of the State of Illinois face a prolonged period of illegitimate leadership from a Governor who no longer has the trust and confidence of the State’s citizens and its public officials. The citizens of Illinois face these harships at the very moment they are confronted with unprecedented political uncertainty and financial difficult, including a budgetary crisis, pending legislation, a vacant US Senate seat, and other significant challenges.
* Heading off an argment at the pass. From the brief…
Mr. Blagojevich may attempt to rely upon a brief exchange during the constitutional convention debates to argue that “disability” is somehow limited to physical or mental impairment, but such an argument fails.
During the convention debates, Delegate Davis was asked whether providing the General Assembly with the authority to estabish procedures to question and determine the “ability of the governor to serve” in what ultimately became 6(d) would impose additional eligibility requirements on the Governor…. And he responded that “other disability” referred to “the physical or mental capacity” of the governor and did not impose additional eligibility requires. But Senator Davis’s coment should not be read to limit the meaning of the phrase “other disability.”
As explained [above], the plain meaning of the phrase “other disability” and its context… establish that the term has a much broader scope than merely a physical or mental disability. In light of the plain language of this unambiguous term, it is inappropriate to resort to the constitutional convention debats at all. Where a constitutional provision is clear, this Court has “no occasion to consult the convention debates”: “a basic rule of statutory construction forbids a court to canvass legislative history for evidence of legislative intent if the meaning of a provision can be determined from its test. That principle applies equally to constitution interpretation.” […]
Indeed, if the framers had intended to limit the nature or scope of the “other disability” that may render the Governor unable to serve… they easily could have added “physical or mental” to modify “disability.” But they did not do so, and the decision not to add those terms must be given effect. [emphasis added]
Furthermore, the comments of one delegate not explicitly referencing the “other disability” language during the debate are of little import.
* Blagojevich unable to serve…
The pervasive nature, volume, and severity of the illegal acts charged in the complaint indicate that Mr. Blagojevich is unable to distinguish between his financial interests and his official duties and between illegal and legal conduct, rendering hi incapable of legitimately exercising his authority as Governor. The nature and volume of those acts clearly evidence a disability that has rendered Mr. Blagojevich unable to serve.
* A look into future AG Madigan actions, perhaps? Check it out…
As a result of the federal complaint relating to his official acts, Mr. Blagojevich’s future official acts - many of which are the subject of the federal complaint - will be subject to challenge as illegal or improperly motivated.