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Deep in the weeds with Tom DeVore

Wednesday, Aug 12, 2020

* Rep. Darren Bailey’s attorney Tom DeVore explained yesterday’s JCAR actions to his Facebook audience late Tuesday afternoon

The main reason that the General Assembly was never convened in my opinion is because the governor’s office and the Illinois Department of Public Health were working with those JCAR members - probably the Democrats, it’s just reality of the times we find ourselves in - to try to put a rule together through all of them working together in concert that would be able to get through the JCAR process.

That was much easier for them than going to the General Assembly and having the General Assembly pass comprehensive legislation and the voice of all of you be heard. No, no, no we can’t do that. They admitted on that transcript, over and over again that the Illinois Department of Health and the governor’s office was working with this JCAR group of committee members - and again I would suggest you working with it you know could they have talked to the Republicans too, you could’ve if but if you saw the vote, and I’ll tell you about that in a second, there was no Republican in favor of this rule - I would suggest to you humbly that that’s how government works, it’s not out in the front for all the people to watch, because you know what we haven’t been watching. Why would they care?

It was done in these backdoor conversations to get this new rule put together, that they knew, they knew before they walked in the door today that they had the votes they needed. If you heard one of the Republican senators I believe a senator, or a Republican member of the committee, said that the governor called him today and he talked to the governor about it. So the governor, by admission of this member, has been lobbying these people, didn’t have to lobby the whole General Assembly just had to lobby twelve people, really only had to get two of them. […]

And there was efforts by the administrative, body being the Department of Health and the governor’s office, to work with JCAR. Why is an administrative body in the governor’s office working with the oversight committee? Independent! You bring us a rule we’ll vet it and we’ll decide whether it passes muster, not work with us and let us give you our thoughts on what kind of rule you can present, and then we might pass it. Does anybody find that inappropriate but me? They admitted that on the record today, and they weren’t even bashful about it. And shame on all of us, for letting it get this far. Shame on us. Because I listened to that and I was like are you kidding, independent body is supposed to be an oversight, worked and gave their recommendations it seems on how this rule could be amended to get past them and not suffer from eight votes against it. I found that horrific.

Whew. A whole lot to unpack there. The GA wasn’t convened because of the pandemic. It had to eventually be convened one way or another to pass a budget and move some other necessary bills.

And, yes, how terrible that JCAR members worked with the administration to craft a better emergency rule. Just shameful.

That video, by the way, was viewed 8,400 times and shared 109 times. 321 comments were posted.

- Posted by Rich Miller        

42 Comments
  1. - Former Downstater - Wednesday, Aug 12, 20 @ 9:36 am:

    As if Democratic super majorities in the legislature likely wouldn’t have passed restrictions as well. But logic and reality don’t matter with this crowd.


  2. - Ron Burgundy - Wednesday, Aug 12, 20 @ 9:41 am:

    He clearly doesn’t know how the JCAR process, or commas work. The Governor lobbying members for support? Oh, the horror. As Former Downstater noted, the counselor here is trying to create a conspiracy while ignoring the fact that the supermajority Dem GA could breeze this through without breaking a sweat.


  3. - phocion - Wednesday, Aug 12, 20 @ 9:42 am:

    DeVore’s better legal argument would be to file a lawsuit challenging the constitutionality of JCAR itself.


  4. - Oswego Willy - Wednesday, Aug 12, 20 @ 9:43 am:

    === That video, by the way, was viewed 8,400 times and shared 109 times. 321 comments were posted.===

    (Hashtag) Super Minority Group Think.

    When you read someone who wholly misunderstands process and how the legislature actually went about the business in front of them, you get really ridiculous thoughts to se smart to at the least process.

    Arguably the same kind of logic why Bailey can fool the same type of folks into thinking a “51st state” strategy, while Bailey knowingly is selling an impossibility.

    Then there’s the law, JCAR, politics to polling and wants… and again… being a super minority to logic, science, and just plain health safety.


  5. - DownSouth - Wednesday, Aug 12, 20 @ 9:44 am:

    Bailey yet once demonstrates how little he really understands about legislative process, roles, etc. Sadly, also how little his constituents understand as demonstrated by the sharing, commenting etc.


  6. - Derek Smalls - Wednesday, Aug 12, 20 @ 9:46 am:

    Yeah, no negotiation on legislation ever occurs behind closed doors, every negotiation is public and part of the committee process. No communication between the executive branch and the oversight committees in the House or Senate. Nope, never happens.

    If you believe that I got a bridge in Brooklyn to sell you.


  7. - Frank Miller - Wednesday, Aug 12, 20 @ 9:46 am:

    Ron B, … “the fact that the supermajority Dem GA could breeze this through without breaking a sweat.” And violate their oath office and people’s rights in the process.


  8. - Bruce (no not him) - Wednesday, Aug 12, 20 @ 9:48 am:

    Are those real law books behind him, or is that a zoom background?


  9. - SaulGoodman - Wednesday, Aug 12, 20 @ 9:48 am:

    **there was no Republican in favor of this rule**

    There were 6 votes against suspending the rule. Only 5 Democrats were present at the hearing. So one Republican voted with the Governor, yes?

    **you know could they have talked to the Republicans too**

    Also, I know for a fact that the Governor’s office absolutely had numerous and sometimes long conversations with Republican members of JCAR and Republican staff.


  10. - Leigh John-Ella - Wednesday, Aug 12, 20 @ 9:48 am:

    If I act now, does the Devore video come with a free sample of his trademark snake oil cure-all?


  11. - walker - Wednesday, Aug 12, 20 @ 9:50 am:

    Is Devore going to try to sue JCAR?


  12. - Pearly - Wednesday, Aug 12, 20 @ 9:50 am:

    ==And violate their oath office and people’s rights in the process==

    As we know, all Illinois legislators swear a solemn oath to uphold the people’s right to go into businesses without a mask on during a pandemic.

    I can’t wait until you people find out that businesses also require pants and shoes.


  13. - SaulGoodman - Wednesday, Aug 12, 20 @ 9:50 am:

    Devore: “again I would suggest you working with it you know could they have talked to the Republicans too”

    Also Devore: “If you heard one of the Republican senators I believe a senator, or a Republican member of the committee, said that the governor called him today and he talked to the governor about it.”


  14. - Oswego Willy - Wednesday, Aug 12, 20 @ 9:55 am:

    === And violate their oath office and people’s rights in the process.===

    How so?

    Judge after judge seemingly disagrees with that… even federal courts.

    === you know could they have talked to the Republicans too===

    When the Raunerites voted FOR masks as a Chamber and over a dozen Raunerites voted AGAINST removing Bailey for not wearing a mask, where is any logic in those you want to sway.

    They voted for masks…

    … they voted against removing the violator.

    Think on that for a minute.


  15. - Rudy’s teeth - Wednesday, Aug 12, 20 @ 10:01 am:

    Someone needs to step away from his keyboard. Might do well to be clear, concise, and cogent. This rambling is embarrassing.


  16. - Ron Burgundy - Wednesday, Aug 12, 20 @ 10:04 am:

    -And violate their oath office and people’s rights in the process.-

    Nice uninformative drive-by. What specific rights, and what about their oath, would be violated by filing and passing a bill that does the same thing as this rule? Specific.


  17. - Anyone Remember - Wednesday, Aug 12, 20 @ 10:17 am:

    IF DeVore could produce “meaningful legal analysis” he’d go after JCAR on the grounds set out by the US Supreme Court in the 1983 Chadha decision. Since I didn’t stay at a Holiday Inn Express last night, don’t know how closely the Illinois Constitution of 1970 executive / legislative / judicial division of powers tracks the federal division of same /s .


  18. - Club J - Wednesday, Aug 12, 20 @ 10:25 am:

    I thought the DeVore video was hard to watch. Reading the transcript is even worse. I sure he’s busy this morning with calls from all those businesses he said he represented in his letter to JCAR. That the second letter he’s drafted that’s backfired. First to the GA and now JCAR. I suggest he stop writing letters. Although DeVore’s people are writing William Barr.

    This morning Darren Bailey just couldn’t understand why the Supreme Court would not explain to him their decisions. He wants to know why they stayed Friday’s case and then move everything to Sangamon County. Why they allowed Pritzker to Court shop and get away with it. It’s unlawful and unconstitutional.


  19. - Colin O'Scopy - Wednesday, Aug 12, 20 @ 10:33 am:

    =Bailey yet once demonstrates how little he really understands about legislative process=

    I suggest that this be changed to “Bailey yet [again] demonstrates how little he really cares about legislative process”.


  20. - Former Downstater - Wednesday, Aug 12, 20 @ 10:39 am:

    =Although DeVore’s people are writing William Barr.=

    If Bailey and DeVore wanted Barr involved, they should not have opposed the move to Federal Court and further decried it as a “stall tactic.”


  21. - TheInvisibleMan - Wednesday, Aug 12, 20 @ 10:45 am:

    ===It was done in these backdoor conversations to get this new rule put together===

    Am I the only one that sees the projection a mile away?

    That this instead is how DeVore actually was operating with McHaney, with backdoor conversations.

    This is just solidifying with me that the P in GOP has come to stand for projection.

    Anytime I hear a republican, or republican ally, speaking my first thought is going to be if they are actually telegraphing their own mindset when they are trying to apply motivations to anyone else.

    And while not a perfect assumption, it’s a great starting point 99/100 times.


  22. - Pundent - Wednesday, Aug 12, 20 @ 10:50 am:

    Why should we expect DeVore to understand the legislative process when he seems to lack an understanding of how the judicial system works?

    While I’m glad that the ILSC saw to it to move this nonsense out of Clay county to Sangamon, I would have liked to see the beat down that DeVore would have received from the justices if he ever got to oral arguments on any of this.


  23. - Frank Miller - Wednesday, Aug 12, 20 @ 10:56 am:

    The Illinois Supreme Court could have addressed this months ago like Wisconsin. The fact they did not is telling.


  24. - Ron Burgundy - Wednesday, Aug 12, 20 @ 10:57 am:

    -Why they allowed Pritzker to Court shop and get away with it.-

    He didn’t ask the court to transfer the case to Sangamon. Meanwhile, Bailey filed his case against the Governor out in Clay County where Sangamon County courts have inherent expertise in dealing with state government matters. So, who was forum shopping again?


  25. - Anon324 - Wednesday, Aug 12, 20 @ 10:57 am:

    Re: the posts stating he should challenge JCAR as unconstitutional. There’s an argument to be made he would win, but assuming he does, what does that get him? All that does is give greater control to the administrative rulemaking body (i.e., IDPH)–yes, the legislature still has the ability to pass a law, but if the rule is what the governor wants, it would likely require a veto-override and a longer timeframe. In this case, the fact JCAR exists seems to have actually resulted in a less harsh rule since the current rule takes the threat of jail off the table, whereas the originally proposed rule did not.


  26. - Oswego Willy - Wednesday, Aug 12, 20 @ 11:00 am:

    ===The fact they did not is telling.===

    Telling what?

    Use your words.


  27. - JS Mill - Wednesday, Aug 12, 20 @ 11:08 am:

    =They are whittling and whittling away and they are begging for better rules to restrict our freedoms!=

    I picked that off of the comments section below mushmouth errr…Devore’s inarticulate and fantasy/conspiracy laden blathering.

    What Devore described is actually governance. A governor, working across the aisle to get something done. And folks freely admitting what and how they are working. Pretty transparent.

    How crazy are our times when some people see that as an illegal conspiracy?

    The dumbing down of society has finally come home to roost.


  28. - Pundent - Wednesday, Aug 12, 20 @ 11:19 am:

    =The Illinois Supreme Court could have addressed this months ago like Wisconsin.=

    Sure. And what case was brought in front of the ILSC for them to rule on? You do understand that the court has to have a matter in front of it to issue a ruling?


  29. - Oswego Willy - Wednesday, Aug 12, 20 @ 11:24 am:

    === You do understand that the court has to have a matter in front of it to issue a ruling?===

    Well said. That was where I was going.

    There’s a lack of understanding to process, this time in the courts.

    First there’s a cry that “no judicial activists” on the bench, then in the same breath “we need the courts to rule now”

    Drive by ideas of process to get a wanted result isn’t making any case.


  30. - JoanP - Wednesday, Aug 12, 20 @ 11:33 am:

    By “they could have talked to Republicans” I think he means, “they should have gotten Darren Bailey’s OK”.


  31. - JS Mill - Wednesday, Aug 12, 20 @ 11:58 am:

    ==== You do understand that the court has to have a matter in front of it to issue a ruling?===

    Well said. That was where I was going.

    There’s a lack of understanding to process, this time in the courts.

    First there’s a cry that “no judicial activists” on the bench, then in the same breath “we need the courts to rule now”

    Drive by ideas of process to get a wanted result isn’t making any case.=

    @Pundent and OW You guys are on it.

    The real essence of the collective they is wack-a-mole.

    Process doesn’t matter because there will always be a different one that should have been used, the right one wasn’t used because they (whoever that really is) didn’t get what they want.

    “They” want the “people” to be heard, until that doesn’t go their way and then it really should be about counties like when Pat Quinn only carried two counties and one happened to be where most of the “people” lived.

    And it goes on and on. If we go far enough into the process we will likely hear Devore or Bailey (aka mushmouth and beatle) proclaim that they will be holding their breath. That is the level we are dealing with.


  32. - Left of the Lake - Wednesday, Aug 12, 20 @ 12:15 pm:

    Just so many bad legal advice in the comments of that video!!


  33. - Nick Name - Wednesday, Aug 12, 20 @ 12:23 pm:

    ===Why is an administrative body in the governor’s office working with the oversight committee? Independent! You bring us a rule we’ll vet it and we’ll decide whether it passes muster, not work with us and let us give you our thoughts on what kind of rule you can present, and then we might pass it. Does anybody find that inappropriate but me?===

    Dude, any executive branch agency that refuses to work with JCAR will soon find itself snowed under with filing prohibitions. And if you don’t know what a filing prohibition is, learn.


  34. - Froganon - Wednesday, Aug 12, 20 @ 12:25 pm:

    JS Mill nailed it. Devore and Bailey don’t want the government to work. Their incoherence and hysteria is a feature not a bug. Ditto for the GOP.


  35. - Nick Name - Wednesday, Aug 12, 20 @ 12:25 pm:

    ===the governor’s office and the Illinois Department of Public Health were working with those JCAR members - probably the Democrats===

    A six-six tie in JCAR kills a motion. If you work only with one party or the other, you will lose. Again, learn.


  36. - Liandro - Wednesday, Aug 12, 20 @ 1:32 pm:

    “The GA wasn’t convened because of the pandemic. It had to eventually be convened one way or another to pass a budget and move some other necessary bills.”

    One of those “necessary” bills should have been to allow electronic attendance during emergencies, which would have allowed them to deal more quickly with important issues. Was it dodging responsibility? Maneuvering for political cover? Just pure laziness? Some mix of all that and more?

    The GA allows remote attendance for local governments precisely to make sure they can carry on their duties. It’s a no-brainer, and very relevant.


  37. - Anyone Remember - Wednesday, Aug 12, 20 @ 1:41 pm:

    Anon324 - Speaking for myself, if DeVore were a serious attorney, there’s a constitutional argument to be made re suing about JCAR. He’s not serious, instead he’s crying like a 2 year old who needs a nap and didn’t get a cookie /s .


  38. - Rich Miller - Wednesday, Aug 12, 20 @ 2:57 pm:

    ===One of those “necessary” bills should have been===

    It was addressed in the House. The bill couldn’t pass. So it was withdrawn.


  39. - Mama - Wednesday, Aug 12, 20 @ 3:02 pm:

    The problem is there are people who believe the crap Bailey tells them.


  40. - Anon324 - Wednesday, Aug 12, 20 @ 3:16 pm:

    @Anyone Remember

    I agree that there is. The issue is that the relief from a win invalidating JCAR is that the administrative rule making body, in this case IDPH, and by proxy the Governor, would obtain greater power over rulemaking. I highly doubt that is a result DeVore, Bailey, etc., want to countenance.


  41. - Anyone Remember - Wednesday, Aug 12, 20 @ 3:37 pm:

    Anon324 - Yes. Not to be too cynical, but always thought JCAR wasn’t so much about “legislative oversight” as it was reducing legislative staff size. Imagine the staff headcount that would be necessary to draft legislation without JCAR.


  42. - truthteller - Wednesday, Aug 12, 20 @ 7:50 pm:

    have republicans always been whiners or is it more apparent since trump whines all the time?


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