Duckworth case could go to trial in August
Thursday, May 12, 2016 - Posted by Rich Miller
* AP…
An Illinois judge on Thursday tentatively set a trial date well before the November general election in a 7-year-old workplace retaliation lawsuit accusing Democratic U.S. Senate candidate Tammy Duckworth of ethics violations while she led the Illinois Department of Veterans Affairs.
Union County Judge David Boie rejected an effort by government lawyers to dismiss the lawsuit, allowing the case to go to trial in August and remain a campaign issue for Duckworth. The Illinois congresswoman is trying to oust Republican U.S. Sen. Mark Kirk in November. Duckworth did not attend the hearing. […]
Duckworth’s supporters call it a twice-dismissed nuisance suit resuscitated to embarrass her politically amid a campaign with national implications, as Democrats seek a net gain of at least four seats in 2016 to take back the Senate majority Republicans won in 2014.
The case was initially scheduled to go to trial in April and remained largely idle as Duckworth’s accusers took more than three years to provide certain documents requested by the state.
* A bit more background on the case…
This week [Kirk’s] campaign launched an online ad featuring a hearing on a lawsuit two Illinois VA employees filed against Duckworth, accusing her of retaliating against them when she led the agency- complaints that have twice been dismissed. Kirk also has repeated claims by two whistleblowers who say Duckworth ignored their reports of misconduct at a federal VA hospital west of Chicago.
They point to two employees at Edward Hines, Jr. VA Hospital near Chicago who say they took their concerns to Duckworth and other Democrats but heard nothing, and to an Illinois Auditor General report of the state Department of Veterans’ Affairs that found inadequate financial controls and programs that were supposed to be implemented but weren’t during the time Duckworth was leading the office.
The two other employees, whose lawsuit is in court Thursday, say she tried to fire one employee and gave another a bad review that cost her raises after the women complained about facility leadership at an Illinois VA home, where they still work. Duckworth was appointed to lead the Illinois VA in 2006 by now-imprisoned ex-Gov. Rod Blagojevich.
- A guy - Thursday, May 12, 16 @ 1:16 pm:
She could have made this go away a long time ago.
- Cousin VInny - Thursday, May 12, 16 @ 1:17 pm:
Suddenly Kirk’s play to discredit her veterans record has merit.
What about the IDVA employee who came out and said Tammy was only there to benefit her political career?
- Sue - Thursday, May 12, 16 @ 1:35 pm:
Duckworth is truly a weak candidate but given the environment she is going to end up being our weak senator
- Peets - Thursday, May 12, 16 @ 1:43 pm:
A tier 1 Senate candidate being deposed and going to trial months before the election. Nightmare scenario for dems
- Cook County Commoner - Thursday, May 12, 16 @ 1:55 pm:
When folks decide about Senator Kirk, I hope they look at the phenomenal job he did at Lovell Federal Health Care Center. The synergy he developed between Great Lakes Naval Hospital, a Department of Defense property, and Lovell FHCC, a Veterans Administration property, is unprecedented in either of these turf protective systems. The benefit to veterans who are fortunate enough to have access to Lovell FHCC is immeasurable. And his persistent hectoring of the less than adequate care often provided at Edward J. Hines Veterans Hospital hopefully will also raise the bar at that facility.
Senator Kirk faces a tough election, and I hope folks will pay some attention to his accomplishments for veterans and not automatically pull for the other party.
- walker - Thursday, May 12, 16 @ 2:40 pm:
7 year old case, previously dismissed twice, then delayed for almost three years by plaintiffs’ attorneys, and timed perfectly for the election. Process speaks for itself.
What’s next — revisiting Whitewater for Hillary?
- Springfieldish - Thursday, May 12, 16 @ 2:46 pm:
This is why God made Appellate Courts. Move to make the order final and appealable, appeal it, and nothing will proceed until after the election. And then, who knows, maybe the horse will learn to speak. It’s not like the plaintiffs have operated as if they want a speedy trial. Now they’re in a hurry?
- TominChicago - Thursday, May 12, 16 @ 2:55 pm:
Springfieldish: “This is why God made Appellate Courts. Move to make the order final and appealable, appeal it, and nothing will proceed until after the election. And then, who knows, maybe the horse will learn to speak. It’s not like the plaintiffs have operated as if they want a speedy trial. Now they’re in a hurry?”
You can’t make an order denying a motion to dismiss final and appealable. Conceivably, she could move to certify a question under Rule 308 but I doubt that both the trial court and appellate court would allow an interlocutory appeal
- Zonker - Thursday, May 12, 16 @ 3:08 pm:
I greatly appreciate Ms Duckworth’s sacrifice in the military, but the sad fact is that she’s just a political hack who’ll do whatever she’s told by those who can profit her. Voters being given a choice between her and Kirk, who pretty much spits on every conservative principal held ny his alleged party, is just soooooo “Illinois”!
- Keyrock - Thursday, May 12, 16 @ 3:54 pm:
Sen. Kirk has been politicizing charges made at Hines by a union leader for some time, with the Rovian aim of going at Duckworth’s strength (whether or not the charges were true, and the IG found much wasn’t accurate).
His VA Assault is also consistent with the National GOP goal of privatizing the VA. Recent changes have diverted funds from the VA to private insurers/providers, without improving medical care. This is an under covered story (and not appropriate to explain here). TPM refers today to Trump buying into the goal.
All that being said, the timing of the civil suit is bad for Duckworth.
- Springfieldish - Thursday, May 12, 16 @ 5:01 pm:
Tominchicago: Good Lord, man! Of course you can. Just because it’s on the pleadings, if either party’s motion would have a dispositive result, good or bad, the judge can add 304(a) language.
- Oh Come On - Thursday, May 12, 16 @ 6:01 pm:
I wonder how Union County, IL got–and kept–the lawsuit? And if I recall correctly, this judge is a Republican. Hmmm.
- Anon E. Mouse - Thursday, May 12, 16 @ 6:29 pm:
Really? Kirk and his people envisioned Duckworth running seven years ago (before Kirk even took office as US Senator) and decided to keep this meritless lawsuit simmering on the back burner for the 2015 general election?
Sure. Perfectly plausible.
- Anon E. Mouse - Thursday, May 12, 16 @ 6:30 pm:
2016
- wordslinger - Thursday, May 12, 16 @ 8:11 pm:
–She could have made this go away a long time ago–
How’s that?
Is that the word on the street? Please, don’t hide your light under a bushel.
Seriously, is that comment you chose to write and then hit “send” supposed to have any meaning, whatsoever?
I can’t imagine what it could be.