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Speaker appoints members to Smith discipline committee
Monday, Jun 11, 2012 - Posted by Rich Miller * House Speaker Michael Madigan sent out a memo today announcing his appointments to the committee which will decide what punishment to mete out to indicted state Rep. Derrick Smith (D-Chicago)…
The Republican appointments are expected soon. The House may very well have to come back to town this summer to vote on Smith’s punishment, which will likely be expulsion. It will take a two-thirds majority to expel Smith, who was arrested and later indicted for allegedly accepting a $7,000 cash bribe. A House committee on investigations decided last week that there was enough evidence to go ahead with the punishment phase.
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- Cheryl44 - Monday, Jun 11, 12 @ 12:45 pm:
What happened to presumption of innocence?
- Anonymous - Monday, Jun 11, 12 @ 12:48 pm:
The presumption of innocence applies in criminal trials. Nowhere else.
- state worker - Monday, Jun 11, 12 @ 12:48 pm:
Doesn’t look good for Smith. There don’t appear to be any potential allies who would come to his rescue. Du Buclet is not returning. Riley is so removed from Black Caucus political interests that he won’t blink an eye to vote for punishment.
- Apple - Monday, Jun 11, 12 @ 12:49 pm:
That’s right, Anonymous. This is a political process, not a criminal one.
- Demoralized - Monday, Jun 11, 12 @ 12:50 pm:
Cheryl:
Whatever happened to ethical behavior and common sense. The guy needs to go. This isn’t a courtroom. Try and keep up and understand the difference.
- wordslinger - Monday, Jun 11, 12 @ 1:03 pm:
If he gets tossed, he’ll go to court.
In the 1960s, Congress expelled Adam Clayton Powell, but the Supremes ruled it had acted unconstitutionally.
In essence, a divided court said once Congress certified and enrolled a rep. as being duly elected and meeting all statutory and constitutional qualifications, it couldn’t toss him post facto for other reasons.
- Rich Miller - Monday, Jun 11, 12 @ 1:12 pm:
word, our state Constitution has explicit instructions for expulsion. And there’s precedent here.
- wordslinger - Monday, Jun 11, 12 @ 1:26 pm:
Rich, I’ve read the relevant part of the Illinois Constitution and as a layman, it seems to me a slam dunk that they can expel for any “offense.”
The trick will be defining the offense. Is it an offense to be arrested?
However, my point was the U.S. Constitution seemed to contain a slam dunk for expelling a member, too. From Article 1 Section 5.
–Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two-thirds, expel a Member.–
Yet in Powell vs. McCormick, the Supremes ruled Congress couldn’t expel Powell.
It’s good to be the judge.
- Just Observing - Monday, Jun 11, 12 @ 1:28 pm:
I do understand the distinction between a criminal trial and a legislative trial, still, I find it difficult to accept that legislators can override the will of the voters and toss a colleague out of the legislature. The election is soon enough so can’t we just leave it to the voters in that district or the courts, whichever comes first?
- Cincinnatus - Monday, Jun 11, 12 @ 2:23 pm:
I believe that each chamber of the GA is responsible for its own membership, and may expel for any reason.
- Oswego Willy - Monday, Jun 11, 12 @ 2:32 pm:
Minority Leader Tom Cross (R - Medinah Country Club), will announce his “appointments” after he has his hot dog and before starting the Back 9.
- Anon III - Monday, Jun 11, 12 @ 3:03 pm:
Anon @ 12:48: To be precise, the presumption of innocence is part of the statement/explanation of the State’s burden of proof in a criminal trial.
- reformer - Monday, Jun 11, 12 @ 7:06 pm:
If Smith is expelled, it proves that Democrats are, once again, willing to hold accountable their own party’s indicted members. IF Republicans ever apply the same standard to their members with DUI convictions, then 3 current House members would have to go, and 3 former members would’ve been booted over recent years.
- ZC - Monday, Jun 11, 12 @ 7:12 pm:
The trick in _Powell v. McC_ was that they did some other stuff to Powell and “excluded” him from taking his seat.
The Supreme Court ruled that under the Constitution, the penalty was expulsion by 2/3 vote. And only that. The IL House messed up the protocol.
If the IL House just calls it what it is - an expulsion - and gets the 2/3 vote, the Courts will not second-guess whatever the IL House comes up by way of the specific “offense.”
- It's Just Me - Monday, Jun 11, 12 @ 9:25 pm:
Reformer, there is a HUGE difference between using your official office to accept bribes as compared to getting a DUI.
- Cubbie Blue - Monday, Jun 11, 12 @ 11:03 pm:
Clayton-Powell was expelled from the 89th Congress, he then ran again and won a seat in the 90th the Congress. They refused to seat him. He sued and the SCOTUS sided with Powell stating he was duly elected and should be seated. My question is this: If Smith is expelled from the 97th GA and wins in November will he be allowed to serve in the 98th?