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Remainders

Friday, Dec 12, 2008 - Posted by Rich Miller

* Congressman Jackson’s date with the FBI has been pushed back

Jackson was originally slated to speak with federal prosecutors and the FBI Friday or Monday. Now, he says he’s been told there’s a long traffic jam of people waiting to come in.

Jackson says his interview has been pushed back, until the Justice Department calls him, and he doesn’t know exactly when that will be.

Traffic jam? Heh.

* The Supreme Court has created a new Web page so’s we can all follow the progress of the Attorney General’s motion to remove the governor from office.

* The transcript of AG Madigan’s press conference is here.

* Commenter YDD had this react to Madigan’s case…

By arguing that “Mr. Blagojevich is unable to distinguish between his financial interests and his official duties and between illegal and legal conduct,” Madigan actually establishes part of the legal basis for an insanity defense in his criminal trial: that he is unable to distinguish between right and wrong, legal and illegal.

I disagree with her on that point, by the way. In his own words, Blagojevich clearly shows that he was actively engaging in a cover-up, which proves he knew that what he was doing was illegal.

* The Washington Post has a handy “Pay for Play” chart. Um, WaPo, we call it “Pay to play” in these-here parts. Big difference.

* The governor is deeply in debt

Blagojevich owes $750,000 in first and second mortgages on his Chicago home, another $150,000 on a Washington condo, and $500,000 in legal fees and if he decides to fight his latest legal problems, Canary says corruption cases can cost millions of dollars.

* And he’s deeply in denial

Famous persecuted leaders, including Nelson Mandela and Dr. Martin Luther King, Jr., were reportedly on Gov. Rod Blagojevich’s mind Friday morning as he prayed with ministers in the aftermath of his ground shaking arrest on federal corruption charges.

Sitting in the governor’s home office lined with scores of books, the Rev. Ira Acree of the Greater St. John Bible Church said his conversation with the governor focused on the civil rights leader who was jailed and hounded by the FBI as well as the South African president who spent 27 years behind bars.

“We talked about great leaders. We talked about those who were persecuted,” said Acree, who, along with other Chicago ministers, has worked with the governor before on social justice causes.

* GateHouse polled state legislators. This is all they have divulged so far. The rest comes Sunday…

The survey of 134 of the 177 Illinois state lawmakers, conducted by the Journal Star and GateHouse News Service since Blagojevich’s arrest Tuesday, found 123 legislators think the state can rebound from the mess it’s facing now. That’s nearly 93 percent of lawmakers who responded to the survey, and nearly 70 percent of the full legislature.

Who came up with that question? Sheesh. Oh, we’re doomed FOREVER! Gimme a break. This, too, shall pass… eventually.

* Blagojevich: Son Of Serbia No More

The disappointment in Serbia is rather palpable now. Writing for the Serbian e-Novine.com, one commentator said that December 9 was a sad day for the Serbian president as Russian Patriarch Aleksy II was buried and Blagojevich was arrested.

* With Chicago Serbs, Opinions Vary Over Blagojevich

* Now everyone wants to cash in

More than 180 designs playing off the Blagojevich scandal are being offered on the CafePress Web site — with slogans ranging from “Don’t blame me, I voted for Topinka” to “Fitzie is My Homeboy.” The designs are available on T-shirts, tote bags, dog bowls and even thongs — for more intimate political conversations.

* Gov.’s troubles could deepen if Rezko testifies

* Rosti throws Rod under the bus.

* Gutierrez recognizes the obvious and takes himself out of the Senate “race.”

* The FBI’s History of Wiretapping

* Fritchey on MSNBC

  48 Comments      


Friday video

Friday, Dec 12, 2008 - Posted by Rich Miller

* As I told you earlier, we’re going to be publishing all weekend, but we should still have a video. This seems appropriate…


  15 Comments      


Blagojevich: “I’ll have a lot to say at the appropriate time”

Friday, Dec 12, 2008 - Posted by Rich Miller

* CNN manages to get a couple of quotes from Gov. Blagojevich…

Asked whether he had anything to say to Illinoisans, the governor, who was leaving his attorney’s office, told CNN, “I will at the appropriate time.”

The governor also did not answer a question on whether he is going to resign, saying only, “I’ll have a lot to say at the appropriate time.”

* Congressman Jackson also talked to the network…

U.S. Rep. Jesse Jackson Jr. said Friday that he was fighting to get “my name back” after he was identified as “Senate Candidate 5″ in a criminal complaint against Illinois Gov. Rod Blagojevich. […]

When the facts become clear … I think the American people will recognize that the governor of our state is a little different,” he said

Well, that’s certainly true.

  23 Comments      


This just in… George Ryan to apologize via Big Jim *** LIVE Coverage ***

Friday, Dec 12, 2008 - Posted by Rich Miller

* 4:16 PM - Thanks to commenters for pointing this out. Busy writing a Sun-Times column for Monday, making calls, answering texts and e-mails, etc…

Former GOP Gov. George Ryan — who is seeking to be released from prison by President Bush — will issue a public apology for his criminal behavior while in office during a press conference set for 5 p.m.

James Thompson, Ryan’s lawyer and another former Republican governor, is expected to read the apology and answer reporters’ questions.

*** 4:20 PM *** CBS 2 will cover it live. Watch the coverage at 5 o’clock by clicking here.

* Recent background

Former Governor Jim Thompson said he hopes President Bush will ignore the Gov. Rod Blagojevich scandal and set former Gov. George Ryan free.

“I don’t think presidential commutations are based on politics,” said Thompson, while talking to ABC7 Chicago Wednesday. “So I hope the president focuses on the Ryan case and confines himself to that.”

Thompson’s law firm represented Gov. Blagojevich until they parted ways six weeks ago. Thompson said he knew nothing about the impending arrest. Nor does he feel it will in anyway impact Ryan’s chances of commutation.

“I have faith in the president to do the right thing, to look at Ryan’s case, his age and health and apart from things that got him in trouble he did a lot of good for the state,” said Thompson.

  43 Comments      


State essentially paralyzed

Friday, Dec 12, 2008 - Posted by Rich Miller

* This is the sort of thing that happens when you have a governor under siege

Illinois regulators are moving forward with plans to select a suburban location for a new casino as soon as Tuesday even as Gov. Rod Blagojevich faces federal corruption charges for trying to sell numerous government perks and resources for personal gain, prosecutors say.

That greatly concerns good government groups, who stepped forward Thursday to call on the Illinois Gaming Board to put off the decision.

“To say that faith in state government is at an all-time low right now is an understatement,” said Jay Stewart, director of the Better Government Association. “We have no idea what else (federal investigators) know. Let’s wait and find out.”

The Chicago Crime Commission, which has raised red flags about the continued inclusion of a Rosemont-based casino bid, agrees, calling it a “controversy waiting to happen.”

“We need to stop, slow down, pause and think this through,” commission Chairman J.R. Davis said.

* Every decision will be questioned…

The state made its case Thursday night to close two state health care centers in Tinley Park, citing what it said were irreversible and systemic problems. […]

Tuesday’s public corruption charges against Gov. Rod Blagojevich cast further skepticism among residents that his motives for closing the centers were based on the valuable land the centers sit on at 183rd Street and Harlem Avenue.

“We can’t trust anything that he’s done,” said Dennis Melas, whose brother John has lived at Howe for 24 years. “How can we be sure that he did not sell the land Howe sits on for a sizeable campaign donation?”

* And there’s a full-court press to undo everything he’s done lately

The charges against Gov. Rod Blagojevich paint a picture of a man who saw personal, political and economic opportunity in initiatives that crossed his desk and used some of them to help or hurt those in his path.

People in towns like Pontiac say they aren’t surprised. They’ve long believed the governor is using a plan to close a local prison and take away 570 jobs as a big stick to batter local political opponents. Now many who believe Blagojevich foisted unpopular, sometimes painful initiatives on them see the charges as a chance to undo some of the harm.

Much of their hope rests on the prospect that Blagojevich will leave office - on his own or otherwise - and be replaced by Lt. Gov. Pat Quinn. On Thursday, Quinn said he was willing to listen to people’s concerns, and, in at least one case, promised he’d undo the work of the governor, reopening state parks and historic sites closed last month in budget cuts.

“Any of those decisions, somewhat controversial, I think ought to be reviewed,” he told reporters. “Our state parks,” he said, “are precious. They should be reopened promptly.”

The Blagojevich initiatives include the closure of seven state parks and 11 historic sites, as well as a plan to move a state transportation office out of Springfield to the southern Illinois town of Harrison.

* Hopes are high

Central Illinois lawmakers are optimistic about Pontiac Correctional Center’s chances for survival if Gov. Rod Blagojevich resigns or is impeached.

* And there is some worry from regions that benefitted from his largesse…

The Governor has repeatedly said the final decision regarding moving IDOT’s Traffic Safety Division from Springfield to Harrisburg is his. Even after a bi-partisan panel reccommended against the move the Governor held firm. B

ut some Springfield lawmakers are saying in light of the latest news about the Governor, the re-location should be put on hold. Immediately after the announcement Springfield Senator Larry Bomke called for the Governor’s impeachment, saying the decision was political. Now he’s calling for the move to be put to a halt. Leaving some uncertainty in our region.

  43 Comments      


Important note to readers and subscribers

Friday, Dec 12, 2008 - Posted by Rich Miller

* We’re gonna stay open all weekend. I’ll publish Capitol Fax editions if the situation warrants.

This week’s subscriber-only blog password will stay the same until Monday morning.

  Comments Off      


Much ado about nothing? We shall see *** UPDATE: AP claims Emanuel “not a target” ***

Friday, Dec 12, 2008 - Posted by Rich Miller

*** UPDATE *** From the AP

People who have been briefed on the Illinois governor corruption investigation say Barack Obama chief of staff Rahm Emanuel is not a target of the probe.

* Emanuel gets dragged in

Fox News Chicago reported Friday that Rahm Emanuel, the president-elect’s chief of staff, had “multiple conversations” with Gov. Rod Blagojevich and his chief of staff John Harris about the Senate seat.

The report, which cited a source familiar with the investigation, added that the conversations were “likely recorded and in FBI possession.” […]

According to the Fox source, Emanuel provided the governor’s office with a list of “candidates that would be acceptable to President-elect Barack Obama.”

* This report from the Telegraph, however, is likely incorrect

Suspicion has grown that Mr Emanuel is the unnamed “Washington based adviser” mentioned in the 76-page prosecutors’ affidavit that Mr Blagojevich ordered his chief of staff to contact.

There is no single “Washington based advisor” listed in the complaint. There is an “Advisor B,” who is described as a “Washington D.C.-based consultant.” That person is definitely not Rahm Emanuel.

* More likely, Emanuel is the “President-Elect Advisor” listed in the complaint. There ain’t much there…

On November 13, 2008, ROD BLAGOJEVICH talked with JOHN HARRIS. ROD BLAGOJEVICH said he wanted to be able to call “[President-elect Advisor]” and tell President-elect Advisor that “this has nothing to do with anything else we’re working on but the Governor wants to put together a 501(c)(4)” and “can you guys help him. . . raise 10, 15 million.” ROD BLAGOJEVICH said he wanted “[President-elect Advisor] to get the word today,” and that when “he asks me for the Fifth CD thing I want it to be in his head.” (The reference to the “Fifth CD thing” is believed to relate to a seat in the United States House of Representatives from Illinois’ Fifth Congressional District. Prior intercepted phone conversations indicate that ROD BLAGOJEVICH and others were determining whether ROD BLAGOJEVICH has the power to appoint an interim replacement until a special election for the seat can be held.).

Also on November 13, 2008, ROD BLAGOJEVICH talked with Advisor A. ROD BLAGOJEVICH said he wants the idea of the 501(c)(4) in President-elect Advisor’s head, but not in connection with the Senate appointment or the congressional seat. Advisor A asked whether the conversation about the 501(c)(4) with President-elect Advisor is connected with anything else. ROD BLAGOJEVICH replied that “it’s unsaid. It’s unsaid.”

Later on November 13, 2008, ROD BLAGOJEVICH spoke with Advisor A. ROD BLAGOJEVICH asked Advisor A to call Individual A and have Individual A pitch the idea of the 501(c)(4) to “[President-elect Advisor].” Advisor A said that, “while it’s not said this is a play to put in play other things.” ROD BLAGOJEVICH responded, “correct.” Advisor A asked if this is “because we think there’s still some life in [Senate Candidate 1] potentially?” ROD BLAGOJEVICH said, “not so much her, but possibly her. But others.”

* Ben Smith at the Politico ponders

Chicago’s Fox affiliate reports that Emanuel suggested to Blagojevich some names for the seat, nothing more — which would, again, be normal and expected.

Emanuel’s totally uncharacteristic silence, though, is puzzing.

  31 Comments      


Blagojevich crisis leads to (another) fiscal crisis

Friday, Dec 12, 2008 - Posted by Rich Miller

* I told subscribers about this early today. The state was hit with a negative CreditWatch by S&P yesterday just after it withdrew a $1.4 billion short-term bond offer, which was supposed to be priced yesterday afternoon…

Illinois began to feel the financial fallout of Gov. Rod Blagojevich’s corruption scandal after Standard & Poor’s cited it in its decision to put the state’s credit on negative CreditWatch and finance officials delayed a $1.4 billion cash-flow issue yesterday as they awaited final approval of the transaction documents from some state officials.

“The CreditWatch placement reflects our opinion of the state’s growing budgetary shortfall, now projected at $2 billion for the current fiscal year, and our concern that the legal charges now facing the governor and his chief of staff may challenge the state to respond to this fiscal situation on a timely basis,” Standard & Poor’s analyst John Kenward wrote in a report issued late Wednesday on the state’s AA credit. […]

Standard & Poor’s yesterday updated its report - issued in conjunction with the agency’s review of the $1.4 billion general obligation certificates sale - after it learned the state had postponed the sale to Tuesday, Dec. 16 from its scheduled issue date yesterday.

Attorney General Lisa Madigan is looking at legal issues, specifically boilerplate bond certificate language which requires Madigan to certify there is “no pending or threatened litigation or any controversy that questions the governor’s ability to hold his office.”

Obviously, she can’t do that, so they’re working on alternatives.

Market participants on short-term desks said there appeared to be solid demand for the notes, but any delay could hurt as investors move to close their books on the year. Ice Miller LLP is bond counsel.

* Context

The borrowing, which was postponed to Tuesday, would have helped alleviate a 12-week delay in payments to hospitals, doctors, social service agencies and other state contractors.

* More bad news

Bonds Fall

Illinois 5 percent bonds due in January 2010 were sold to a customer today at 102.345 cents on the dollar to yield 2.70 percent, almost 0.3 cents less in price and 20 basis points more in yield than a similar trade Dec. 2, according to data reported to the Municipal Securities Rulemaking Board. A basis point is 0.01 percentage point.

  6 Comments      


This just in… Gov signs autism bill

Friday, Dec 12, 2008 - Posted by Rich Miller

* 1:29 PM - Either Gov. Blagojevich is trying to show that he is still capable of governing, or he wanted to start doing some decent things before he steps aside or down, but the governor today signed the autism bill

December 12, 2008

Notice of Bill Action [from the Office of Legislative Affairs]

Approved

SB 0934 AN ACT concerning health.

The bill mandates insurance companies to provide “individuals under 21 years of age coverage for autism spectrum disorders to the extent that the diagnosis and treatment of autism spectrum disorders [who] are not already covered by the policy or plan.”

* Per a commenter’s suggestion, click here to see all the bills currently awaiting the governor’s action.

* 1:57 PM - The press release just arrived…

Governor Rod R. Blagojevich today signed Senate Bill 934 into law, providing insurance coverage to parents of children with autism. The new law, which received overwhelming support from the Illinois General Assembly, will provide coverage for all individuals under age 21 for the diagnosis and treatment of Autism Spectrum Disorders (ASDs) up to $36,000 per year.

“Families of children with autism have a right to access the treatment their children need and today that has finally become a reality in Illinois,” said Governor Blagojevich. “I have continued to fight for this cause and I am pleased to sign this bill into law today.”

  38 Comments      


This just in… See AG Madigan’s case for yourself *** UPDATED WITH PRESSER TRANSCRIPT ***

Friday, Dec 12, 2008 - Posted by Rich Miller

*** 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.”

* More…

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.

  62 Comments      


Chief of Staff Harris resigns

Friday, Dec 12, 2008 - Posted by Rich Miller

* This report was just confirmed by the governor’s office to me…

John Harris, chief of staff to Gov. Rod Blagojevich, has resigned, sources close to the matter reported Friday morning.

Earlier this week, Mr. Harris and the governor were both named in a federal complaint alleging that they attempted to auction off President-elect Barack Obama’s vacant Senate seat and shake down others for Mr. Blagojevich’s political war chest and personal gain.

Mr. Harris’ resignation comes as Illinois Attorney General Lisa Madigan was going to the state Supreme Court to force the governor out of office — at least temporarily — and as efforts have stepped up in Springfield to impeach the governor.

There also are widespread rumors — so far denied — that Mr. Blagojevich will resign soon.

* From CBS2 last night

Sources told CBS 2 Chief Correspondent Jay Levine that the governor is actively considering resigning — perhaps sooner rather than later — as the move to impeach him gained new momentum and new urgency.

  74 Comments      


Tribune: Jackson buddies discussed raising $1 mil for Blagojevich

Friday, Dec 12, 2008 - Posted by Rich Miller

* This doesn’t look good at all. Not at all

As Gov. Rod Blagojevich was trying to pick Illinois’ next U.S. senator, businessmen with ties to both the governor and U.S. Rep. Jesse Jackson Jr. discussed raising at least $1 million for Blagojevich’s campaign as a way to encourage him to pick Jackson for the job, the Tribune has learned.

Blagojevich made an appearance at an Oct. 31 luncheon meeting at the India House restaurant in Schaumburg sponsored by Oak Brook businessman Raghuveer Nayak, a major Blagojevich supporter who also has fundraising and business ties to the Jackson family, according to several attendees and public records.

Two businessmen who attended the meeting and spoke to the Tribune on the condition of anonymity said that Nayak and Blagojevich aide Rajinder Bedi privately told many of the more than two dozen attendees the fundraising effort was aimed at supporting Jackson’s bid for the Senate.

Among the attendees was a Blagojevich fundraiser already under scrutiny by federal investigators, Joliet pharmacist Harish Bhatt.

Bhatt’s pharmaces were raided a week ago.

* Possibly important context

Citing unidentified sources, the Tribune reported that businessman Raghuveer Nayak and Blagojevich aide Rajinder Bedi told attendees at an Oct. 31 meeting that they needed to raise the money for the governor to ensure Jackson‘s appointment. […]

According to the FBI complaint, the Oct. 31 meeting took place the same day federal prosecutors intercepted a conversation in which Blagojevich claims he‘d been approached by a representative for an unnamed “Senate Candidate 5″ who offered cash in exchange for the Senate seat.

On Wednesday, it was revealed that Jackson was the candidate.

But keep this in mind

Jackson’s newly retained attorney, James Montgomery, said Wednesday he could not rule out that such possibilities were discussed with Blagojevich by people who did not have his client’s blessing

* From CBS-2

Former city worker Frank Coconate was Congressman Jesse Jackson Jr.’s Northwest Side point man when Jackson flirted with the idea of running against Mayor Daley.

Now, Coconate says, he’s not shocked by federal wiretaps in which Blagojevich discusses selling Barack Obama’s Senate seat to someone described as a Jackson emissary.

“He was always looking to deal,” Coconate said. “If he couldn’t get it outright, he’d buy it.”

In a 2005 meeting with a longtime Jackson aide, Coconate says, he was told Jackson only endorsed candidates who sent money Jackson’s way.

* Self-evident, from The Hill: Jackson now unlikely Obama replacement

  40 Comments      


This just in… LMadigan heads to the Supreme Court *** Claims Blagojevich has “disability” ***

Friday, Dec 12, 2008 - Posted by Rich Miller

* 11:17 AM - I told subscribers this morning that AG Madigan was likely to head to the Supreme Court today. Well, it’s on

Atty. Gen. Lisa Madigan filed a motion with the Illinois Supreme Court today aimed at removing Gov. Rod Blagojevich from office. […]

In the motion, Madigan argues that given the nature and severity of the allegations against Blagojevich, the Supreme Court should stop the governor from performing his duties. She asks the court to allow Lt. Gov. Patrick Quinn to temporarily assume those duties under the Governor Succession Act in state law.

The motion specifically asks the high court to prevent Blagojevich from selecting a successor for the Senate seat vacated by President-elect Barack Obama.

Such a motion is untested in the state’s history. The case could determine whether the governor is fit to serve.

She’s about to hold a press conference. Stand by…

* From a Better Government Association press release…

However, the Attorney General’s bold action should not be used as an excuse by anyone in the General Assembly to hold back on impeachment proceedings. Standing by idly while our state’s future teeters in the balance is completely unacceptable. Impeachment is a separate process than the action filed by the Attorney General and both can move forward at the same time.

Failure to act is tantamount to failing to protect our state and its citizens. The Attorney General has acted, we demand the General Assembly exercise its impeachment power as soon as possible.

* 11:51 AM - We learned yesterday of this action. From a press release

Today four Illinois citizens filed suit with the Illinois State Supreme Court to have Governor Rod Blagojevich temporarily removed from office in light of the recent charges filed against him for bribery and conspiracy, citing his inability to effectively run the state.

“At this time the governor can still appoint someone to the Senate, can still sign legislation in return for donations to his legal fund and most importantly, he still controls the $56 billion state budget at a crucial time for our state and economy,” John Bambenek, plaintiff and co-founder of the Illinois Citizens Coalition, said.

The four plaintiffs, Bambenek, Adam Andrzejewski, founder of ForTheGoodOfIllinois.org, and private citizens John Tillman and Michael Burns, cite their reason for filing as frustration with the lack of action from state leadership in the removal of the governor from office.

*** 11:53 AM *** CBS2 is doing live updates on its website

The attorney general asked the court for a temporary restraining order or an injunction that prevents Blagojevich from serving as governor. The filing says he is “unable to serve as governor due to disability and should not rightfully continue to hold that office.”

“The pervasive nature and severity of these pending charges disable Mr. Blagojevich from making effective decisions on critical, time-sensitive issues,” the filing said.

The filing asks that the lieutenant governor assume Blagojevich’s powers.

It is the first time in Illinois history that such an action was taken. The attorney general is applying a rule that was intended to cover cases where a governor is incapacitated for health reasons. Her motion indicates that his inability to serve because of the scandal is akin to a debilitating health issue.

“I recognize that this is an extraordinary request, but these are extraordinary circumstances,” Madigan said. “As we learned on Tuesday morning, U.S. Attorney Patrick Fitzgerald arrested Governor Blagojevich at his home and charged him with criminal conduct that Fitzgerald describes as a political corruption crime spree,” Madigan said at a news conference at the Thompson Center.

Madigan said Blagojevich had lost all his legitimacy to act as chief executive.

“As governor, Mr. Blagojevich’s duty is to do what is best of the people of the State of Illinois, not for himself,” Madigan said. “In light of his arrest and the filing of the criminal complaint, Governor Blagojevich can no longer serve and fulfill his duties with any legitimacy.”

The state Supreme Court has discretion about whether to hear the case, Madigan said. She added that while she encourages state lawmakers to “move forward with impeachment proceedings, the impeachment proceedings will take time.”


* 12:17 PM -
From the AP

In the filing, Madigan contends Blagojevich is unable to distinguish between his financial interest and his official duties and between legal conduct and illegal acts.

* This is the private citizen complaint mentioned above…

* Motion
* Complaint
* Brief

  74 Comments      


Protected: SUBSCRIBERS ONLY - Today’s edition of Capitol Fax

Friday, Dec 12, 2008 - Posted by Rich Miller

This post is password protected. To view it please enter your password below:

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« NEWER POSTS PREVIOUS POSTS »
* Reader comments closed for the weekend
* Republicans denied TRO in bid to be appointed to ballot
* Isabel’s afternoon roundup
* It’s almost a law
* Credit Unions: A Smart Financial Choice for Illinois Consumers
* Was the CTU lobby day over-hyped?
* 'Re-renters' tax in the budget mix?
* It’s just a bill
* Open thread
* Isabel’s morning briefing
* Get The Facts On The Illinois Prescription Drug Board
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