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This just in… Latest George Ryan appeal denied

Wednesday, Jul 6, 2011 - Posted by Rich Miller

* 1:11 pm - From the AP

A federal appeals court has upheld former Illinois Gov. George Ryan’s corruption convictions.

The 7th U.S. Circuit Court of Appeals on Wednesday rejected arguments from Ryan’s attorneys that the charges should be overturned because prosecutors never proved he took a bribe.

It was the latest attempt by Ryan to get out of prison based on a U.S. Supreme Court ruling curtailing “honest services” laws.

The appellate court accepted government arguments that Ryan’s case clearly involved bribery and kickbacks, so the high court ruling didn’t apply.

* From the opinion’s conclusion

Ryan observes that the jury was not required to determine whether Warner’s payments were bribes or kickbacks. True enough; the question under the instructions, based as they were on Bloom, was whether Ryan had received a secret financial benefit.. But there is no doubt that a properly instructed jury could have deemed the payments bribes or kickbacks; the inference that they were verges on the inescapable.

* And this is from the initial appellate opinion, which the court says “summed up the core of the charges”…

The story behind this case began in November 1990 when Ryan, then the Lieutenant Governor of Illinois, won election as Illinois’s Secretary of State. He was re-elected to that post in 1994. Throughout Ryan’s two terms in that office, [Lawrence E.] Warner [Ryan’s co-defendant] was one of Ryan’s closest unpaid advisors. One of Ryan’s duties as Secretary of State was to award leases and contracts for the office, using a process of competitive bidding for major contracts and selecting leases based on the staff’s assessments of multiple options.

Improprieties in awarding four leases and three contracts form the basis of the majority of the RICO and mail fraud counts against Warner and Ryan, as these leases and contracts were steered improperly to Warner-controlled entities. The result was hundreds of thousands of dollars in benefits for Warner and Ryan. These benefits included financial support for Ryan’s successful 1998 campaign for Governor of Illinois.

Thoughts?

  20 Comments      


Something’s missing

Wednesday, Jul 6, 2011 - Posted by Rich Miller

* The Committee for a Fair and Balanced Map is a group of former Republican politicians and others who are raising money to fund the GOP’s court challenge to the new congressional map. They call themselves “an independent, not-for-profit organization created by citizens who are concerned about the Congressional redistricting process in the state of Illinois,” but this is clearly a GOP front group. Their latest e-mail fundraising pitch includes this line

In closing, the Illinois map should not be the place where Nancy Pelosi looks to reclaim the title of Speaker.

* Anyway, I noticed something interesting in the group’s fundraising e-mail. Let’s see if you catch it as well…

We believe our legal challenge will overturn the Democrats’ map, and here’s why:

    1. The Democrats’ map favors the City of Chicago — where population is shrinking — over the suburbs, where population is growing. Residents in places like Arlington Heights, Hinsdale, Elmhurst, Orland Park, and other communities will have to go to Chicago to visit their congressional representative.

    2. The congressional districts created by the Democrats are not compact, as required by the by federal case law. The lines do not make sense.

    3. To achieve partisan advantages, the Democrats’ map divides communities of interest and disenfranchises entire swaths of voters. Major cities and counties in Illinois, and places like Chinatown in Chicago, are divided into three or more congressional districts.

    4. The lawsuit challenging the map will be filed with the federal court, not in state court. This increases the chance for an unbiased review of the facts of this case and a fair application of the law as it applies to congressional redistricting.

Notice anything missing? Perhaps, oh, I dunno, the word “Latinos”? After all, Latinos are supposedly at the heart of the GOP’s challenge to the new map

At the federal level, Republicans formed the Committee for a Fair and Balanced Map, a not-for-profit fund-raising arm to help with court costs. John McGovern, spokesman for the group, said the committee opposes Democrats’ efforts to “dilute” Latino influence, despite their growing population.

“We are committed to ensuring that everyone in Illinois is represented fairly and equitably in Congress, regardless of ethnicity or race,” he said in a statement.

It probably goes without saying that a fundraising pitch to a Republican donors list probably wouldn’t be all that successful if it focused on Latino political power.

* Meanwhile, Tammy Duckworth went from making her first round of campaign calls on Friday to jumping into the race today

Tammy Duckworth made it official on Wednesday morning, launching a run for Congress from the north suburban Illinois 8th congressional district, carved out by Illinois Democrats to give Democrats a boost.

Duckworth, a wounded Iraq war veteran, resigned last month as assistant secretary at the Veteran’s Administration–an appointee of President Obama. She will file papers with the Federal Election Commission later this week.

“My father served in Vietnam, my brother served in the Coast Guard, and my husband continues to serve on active duty because our family believes in this great nation. There are plenty of folks in Washington who serve political ideology and personal ambition. I want to continue serving our county,” she said in a statement.

She added, “It’s time to tell John Boehner, Karl Rove and the tea party crowd that you can’t balance the budget on the backs of seniors. You can’t serve multi-national corporations first and American families last. And you won’t build a better future by tearing down our economy brick by brick and shipping it overseas.”

* On the other end of the time spectrum, Democrat Mike Boland is still kinda, sorta exploring

Former state Rep. Mike Boland, D-East Moline, is considering running for Congress against freshman Republican Rep. Bobby Schilling of Colona.

Boland hasn’t formed an exploratory or campaign committee yet, but he will look at doing so, according to a news release Tuesday.

In a statement, he said he would talk to constituents and party leaders to discuss a possible run for Congress. He plans a news conference at Odell Public Library in Morrison this morning.

A news conference does not equal listening. Just saying.

* This doesn’t seem like a bad idea at all

Last week, Rep. Bobby Schilling, R-Ill, introduced a bill that would tie the retirement age for lawmakers to the Social Security retirement age. This follows a similar proposal by Sen. Sherrod Brown, D-Ohio.

While we common citizens must wait until age 66 or 67 (depending on our year of birth) to receive our full retirement benefits under Social Security, federal lawmakers can receive full retirement benefits at age 62 with five years of service, at age 50 with 20 years of service, and at any age with 25 years of service.

* Congressman Hultgren clears up a tiny problem

The Federal Elections Commission [earlier this month] said it has dismissed a fundraising complaint against U.S. Rep. Randy Hultgren after the freshman congressman’s campaign returned an improper $2,000 donation.

Hultgren, a Winfield Republican who represents the far west suburban 14th Congressional District, accepted for his federal campaign fund two $1,000 donations from the state campaign fund he maintained as a state senator.

* And a potential Democratic candidate has been whacked hard before he even got out of the gate

A Springfield attorney who is considering running for Congress has been censured for misconduct and had his law license placed on probation in two separate cases before the Illinois Attorney Registration and Disciplinary Commission.

The ARDC is an administrative agency of the Illinois Supreme Court that regulates the legal profession and handles disciplinary matters.

Mark N. Lee, 49, who lives in Rochester but has a practice in Springfield, said last week that he was considering running for the Democratic nomination for Congress in the new 13th Congressional District that includes Champaign-Urbana, Decatur, Bloomington-Normal and Springfield.

* Related…

* Mark Brown: Rep. Jackson rips Quinn on job losses

* Freshman Republicans Lobby Federal Agencies For Millions Amid Spending Critiques: Rep. Joe Walsh (R-Ill.), for instance, wrote the Department of Agriculture on February 14, asking for $7,498,015 in cash and commodities contributions for the American Nicaraguan Foundation and Fabretto Children’s Foundation — groups that run education, health and nutrition programs in Nicaragua.

* Loss of 180,000 black residents will complicate Chicago ward remap: After the 1990 Census, Chicago taxpayers spent $20 million in legal fees — and tens of thousands more on a costly referendum — only to end up changing just a handful of blocks in the 18th Ward, which resulted in the re-election of then-incumbent Ald. Tom Murphy (18th).

  24 Comments      


*** UPDATED x1 *** Question of the day

Wednesday, Jul 6, 2011 - Posted by Rich Miller

* Just for clarification, this is from the governor’s budget office…

If the governor makes a line item reduction, the [item] is in effect at the reduced amount. The General Assembly would have to vote to restore that amount.

In the case of a line item veto, that item goes to zero. Again the GA would have to vote to restore the amount. So yes, dead.

In either case - reduction or line item veto, the rest of the budget goes into effect as passed. By issuing line item vetoes or line item reductions, the Governor is signing the budget and that’s what it is unless the GA takes further action.

* From one of the many stories on the governor’s elimination of funding for regional superintendents

Jim Carlson took the oath of office July 1 to officially become the regional superintendent of La Salle County schools.

But just hours before, the future of his new job became uncertain with a stroke from the governor’s pen.

Gov. Pat Quinn late Thursday eliminated the $11.3 million in funding for regional offices of education, money the Illinois General Assembly left in place when approving the budget. Quinn used his line-item veto power to eliminate the ROE allocation.

Carlson, however, is committed to keeping the office open until he’s told to do otherwise.

“We’re going to be here and continue to do the services we do,” Carlson said. “We’ll still be doing the day-to-day business of the office. We’re not going to shut the doors.”

Statewide, Carlson said ROEs generate $135 million in savings through grant writing, creating cooperatives and looking for economies of scale. With a food cooperative alone, La Salle County schools save $500,00 each year.

The governor says local schools should pick up the tab for regional superintendents if they want them.

* The Question: What do you think of the governor’s line item vetoes of all state funding for regional school superintendents?

*** UPDATE *** AP

Gov. Pat Quinn wants to pay regional school superintendents with tax money that comes from business and goes to local government.

Quinn budget director David Vaught said Wednesday the 44 superintendents should be paid from the “personal property replacement tax.” Corporations and business partnerships pay that instead of local [personal] property taxes. […]

Vaught says the officials may have to go without pay for several months until a deal can be worked out with lawmakers.

  72 Comments      


Pound foolish

Wednesday, Jul 6, 2011 - Posted by Rich Miller

* The state will no longer test 11th graders for writing skills

Gov. Pat Quinn signed the belt-tightening move into law last week as part of the state’s spending plan. The writing assessments for elementary and middle school students already had been dropped last year.

“We’re trying to minimize the damage” of the cuts, state Schools Superintendent Christopher Koch said. “Writing is one of the most expensive things to assess.”

I’m not a huge fan of standardized tests. I’m also not that into the grammar police. Heck, I couldn’t diagram a sentence if you put a gun to my head.

But I learned very early in life that writing forces one to actually think. Sometimes, I don’t even know where I stand on an issue until I write about it. Other times, I’ve changed my mind in the middle of a column or a blog post and had to redo everything. That’s one of the reasons I hector my commenters here. When people are pressed to express an original thought, minds can be opened. I’ve seen it happen many times.

* Yet, in today’s education world, once the testing requirement is removed, the bottom falls out of the incentive to teach the subject …

When the state did away with the grade school writing test last year, requests for teacher training in writing instruction at the elementary and middle school level plummeted. The same drop-off occurred in 2004, said Kato of the Chicago Area Writing Project. Demand surged when the writing exam was revived two years later.

Total savings from eliminating this test? $2.4 million.

Teaching people to write is akin to the age-old proverb about teaching a hungry man to fish. This cut is absolutely the wrong way to go.

* Speaking of the budget, does Gov. Pat Quinn even know what he proposed earlier this year? Apparently not.

A group of pastors complained yesterday about how the new state budget drastically cuts funds for indigent burials. Quinn was pressed on the issue by reporters yesterday and he said he’d do what he could to make sure “there is a decent funeral for anyone,” adding, “It is something I take to heart.” However

Quinn’s [original] budget had proposed cutting the program to zero. The version approved by the House and Senate cut the program to $1.9 million, from $12.6 million in the last fiscal year.

  49 Comments      


*** UPDATED x2 - Court strikes down firing range ban *** Emanuel pushes new gun ordinance, lobbying rules

Wednesday, Jul 6, 2011 - Posted by Rich Miller

*** UPDATE 1 *** The appellate court just struck down the city’s firing range ban

The City’s firing‐range ban is not merely regulatory; it prohibits the “law‐abiding, responsible citizens of Chicago from engaging in target practice in the controlled  environment  of  a  firing  range.  This  is  a  serious
encroachment  on  the  right  to  maintain  proficiency  in firearm  use,  an  important  corollary  to  the  meaningful exercise of the core right to possess firearms for self‐defense.

*** UPDATE 2 *** Not long before the court ruled, the city council voted to legalize firing ranges

The Chicago City Council today voted to legalize firing ranges inside city limits as Mayor Rahm Emanuel tries to head off a federal court decision that could force the city to welcome them.

The vote came without discussion or dissent today.

The practice shooting venues could be built only in areas of Chicago zoned for manufacturing and would have to be more than 1,000 feet away from residential areas, schools, parks, liquor retailers, libraries, museums and hospitals.

The ranges also would have to be indoors, and a license to operate one would cost $4,000 every two years.

[ *** End Of Updates *** ]

* A lawsuit is quickly making its way through the system, so Mayor Emanuel wants to pass an ordinance before the court acts. Firing ranges are currently banned within the city limits, but the city’s new gun ordinance requires owners to get training at a firing range. So, Emanuel is hastily pushing a new measure through the city council

Firing ranges could soon be legal inside Chicago limits as Mayor Rahm Emanuel is fast-tracking a plan designed to head off a federal court decision that could force the city to welcome them. […]

The shooting practice venues could be built only in areas of Chicago zoned for manufacturing and would have to be more than 1,000 feet away from residential areas, schools, parks, liquor retailers, libraries, museums and hospitals.

The ranges also would have to be indoors, and a license to operate one would cost $4,000 every two years.

* Let’s look at the react. First, one of the original plaintiffs

Walter Maksym, who sued the city on behalf of people who want to be able to sell guns in city limits, said the Emanuel administration’s firing range proposal still seems too restrictive.

“It’s a step in the right direction, a recognition that the original ordinance would not stand up to scrutiny, but it doesn’t go far enough,” Maksym said.

* A suburban gun dealer

According to Don Mastrianni, the owner of Illinois Gun Works in Elmwood Park, “They’re doing it to make money, let’s face it, that’s common sense and he sees Chicago as a big market so right now that market has to go to the suburbs.” […]

According to Mastrianni, “If the city is going to have the CFP process I would think that they need to ensure that everybody is actually participating and cooperating with it. There are plenty of gun shops that will cell guns to people without their Chicago Firearm Permit.”

* And the NRA

The National Rifle Association branded the ordinance so restrictive, it invites another lawsuit.

“This is protected constitutional activity. If the city wants to continue to deny it, as they have with their revised gun ordinance, then obviously they haven’t learned anything from court rulings and our tenacity,” said Todd Vandermyde, Illinois legislative liaison for the NRA.

“The city is already on the hook for big-time legal fees in the McDonald case [that prompted the U.S. Supreme Court to overturn Chicago’s handgun ban]. When you have a multi-million dollar deficit, you should be trying to find ways to minimize litigation instead of inviting more litigation.”

* Meanwhile, the mayor is proposing some lobbying reforms

At Wednesday’s City Council meeting, the mayor will introduce an ordinance limiting — to $50 per gift and $100 per calendar year —the value of gifts lobbyists can give to city employees.

City employees would also be prohibited from getting loans from individual lobbyists or their businesses. Twice a year, lobbyists would be required to report their campaign contributions to city employees and elected officials. […]

Lobbyists would literally be required to disclose who they lobby and what they are lobbying for and post those disclosures online in “real-time,” so voters can access the information before legislation is approved.

* More

And lobbyists would be required to report campaign contributions to city elected officials and city employees running for office. Right now, candidates are required to report lobbyists’ political donations to the Illinois State Board of Elections. […]

The mayor called his proposed changes “the most comprehensive lobbyist disclosure database in the nation.” But the Cook County clerk’s website, up and running for year, appears to be as detailed as the one Emanuel is proposing. And Wisconsin’s Government Accountability Board has a database that goes a step further, offering links to bills each lobbyist is working on.

Emanuel also wants to codify an executive order he signed hours after he was sworn in to office. That order bans any city employee who leaves his administration from lobbying City Hall for two years. Emanuel’s directive exempts people hired under former Mayor Richard Daley who leave by Nov. 16.

* Unlike the state, the city requires lobbyists to disclose their pay. From a recent story

Chicago City Hall lobbyists were paid nearly $13 million last year, according to records the city posted online Thursday. […]

Among the highest paid were political insiders such as Michael Kasper, a high-powered Democratic Party lawyer who along with partner Courtney Nottage was paid $460,500 to lobby last year. Terry Gabinski, a former alderman, was paid $276,000, according to the data. […]

The top three earners among the individual lobbyists were Theodore Brunsvold, the son of a late former downstate legislator, who was paid $978,000; Ronald Johnson of Johnson Research Group, who was paid $838,000; and Jay Doherty, president of the City Club of Chicago, who was paid $771,750, according to the data.

I’m starting to rethink my subscription rate. Just kidding. Kinda…

* Related…

* Mayor looking to revamp Taste of Chicago after attendance drops

* Emanuel questions school security

* Rogers Park harvests plan for open land that could become urban farm

  51 Comments      


Quinn: “We’ll be happy to meet them in court”

Wednesday, Jul 6, 2011 - Posted by Rich Miller

* The governor struck a defiant pose yesterday

Gov. Pat Quinn said Tuesday that he’s ready for a possible lawsuit from the state’s largest employee union after he moved to block raises for 33,000 workers that were scheduled to take effect last week.

The American Federation of State, County and Municipal Employees Council 31 has threatened to pursue legal action over Quinn’s decision, which affects employees at 14 agencies and boards. Quinn said he had no choice but to eliminate the scheduled pay raises after lawmakers shorted the payroll budget by $75 million.

“If they decide to sue, that’s their right and we’ll be happy to meet them in court,” Quinn said. “The General Assembly just did not appropriate any extra money for raises for employees. They chose not to … and anybody who is unhappy about that should really go to the legislature.”

Democratic lawmakers acknowledge they cut money for personnel but argue it was to allow the governor to eliminate unfilled positions after Quinn struck a deal with AFSCME before last year’s election to not seek layoffs.

* Actually, plenty of legislators said that the budget cuts specifically targeted the raises, although most of them were Republicans. Set the Wayback Machine to May 12th

State Rep. David Reis, R-Willow Hill, said the House is urging labor union officials to again defer the raises to avoid having to make cuts in other areas of the budget.

“We’re suggesting to them that they should not implement the raises,” Reis said. “We’re suggesting to them that they come back to the table.”

State Rep. Bill Mitchell, R-Forsyth, said the pay raise issue was one reason he voted “no” on the latest budget plans.

“I don’t think its going to be realistic,” Mitchell said. “I don’t think these are going to be the final product.”

Quinn could’ve eliminated filled positions as well, not just unfilled positions.

* AP

While Quinn said repeatedly that lawmakers did not set aside money in the budget to pay the raises, that’s not entirely accurate.

It’s true that lawmakers cut spending for salaries despite the scheduled raises. But budgets don’t distinguish between regular salaries and raises; they simply give the governor a certain amount of money for employees. The governor decides how to spend the money.

So, potentially, Quinn could have cut some jobs and used the money available to pay the full raises to remaining employees. Or he could have paid everyone the higher salaries and come back to lawmakers in October and requested more money. He also had the option of vetoing the budget.

What about just proceeding as if the budget cuts didn’t exist? Probably not prudent

“We have got to run the government, got to make sure (the money) lasts for an entire fiscal year,” Quinn said. “I had no choice.”

Well, he did have a choice. He could’ve just vetoed the budget or done something else. But acting as though a budget cut doesn’t exist could cause big problems down the line if no additional money is appropriated. Those who suggest such a course of action in the current political climate are pretty darned irresponsible.

* This is a very good point by the Peoria paper

On the flip side, [Quinn] created some of this mess himself by unwisely boxing himself in when he was running for election in 2010, making a deal with AFSCME not to eliminate any more jobs or close state facilities in exchange for some other budget concessions and apparently AFSCME’s endorsement. If that produced enough union goodwill to help launch him to the victory stand, that has since vanished, as AFSCME is on the warpath.

* When will we see action? Maybe today

The union spokesman says AFSCME could file legal action to reinstate the pay raise as soon as Wednesday. Their contract does not expire until next year.

* After looking into this some more, I think the Sun-Times editorial board may be right

But state workers have a contract, and we don’t see how Quinn can get around it. With a few legal maneuvers, the state workers’ main union probably can get the raises restored. Quinn likely knows that, of course, which makes his move puzzling.

Subscribe to learn more.

Also, has anyone else noticed that the Tribune editorial board has been completely silent on this issue? I mean, the governor finally takes on AFSCME and not a peep from the union’s most avowed enemy? Strange. They had time for a Casey Anthony editorial today, but nothing on this topic.

* And Cullerton talks of compromise

Senate President John Cullerton, D-Chicago, suggested the issue also could be dealt with by the General Assembly. Senate Democrats agree with Quinn that the budget for the fiscal year beginning July 1 is underfunded in a number of areas.

“We will add the governor’s latest actions to the list of items in the current year’s budget that need to be addressed in the coming weeks and months,” Cullerton said in a statement.

I checked, by the way, and that statement does not mean that Cullerton wants a special session.

* Listen to raw audio of the governor…

  21 Comments      


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Wednesday, Jul 6, 2011 - Posted by Rich Miller

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