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The presumption of innocence, but only for local pols

Tuesday, Oct 6, 2020 - Posted by Rich Miller

* Sun-Times

(V)eteran defense attorney Michael Ettinger said it’s not enough to prove a crime beyond a reasonable doubt in court.

“You need specific proof,” Ettinger said.

Ettinger has dealt with similar issues before. He represented Robert Blagojevich, charged in the federal corruption case against Blagojevich’s brother, ex-Gov. Rod Blagojevich. Since then, a U.S. Supreme Court opinion has further clarified the boundaries of public corruption prosecutions by defining an “official act.”

Chief Justice John Roberts wrote in that case involving former Virginia Gov. Robert McDonnell that a public official “must make a decision or take an action” involving a formal exercise of governmental power to qualify.

He also wrote that, “setting up a meeting, talking to another official, or organizing an event (or agreeing to do so) — without more — does not fit that definition of ‘official act.’”

In order to bring such a case, Ettinger said, “you’ve got to tie it up with money or exchange of assets.”

“We’re dealing with political acts that happen every day,” Ettinger said. “And to tie it to a criminal act there’s got to be a quid pro quo.”

* Northwest Herald editorial, July 23rd

Last week, federal prosecutors discussed an investigation in which Commonwealth Edison agreed to pay $200 million in fines connected with accusations of insider dealings like trading profitable legislation for cushy jobs handed out as favors to connected politicians.

Court filings referenced Public Official A, once a moniker for disgraced former Gov. Rod Blagojevich, but now an alias for House Speaker Madigan, who has controlled both the General Assembly and state Democratic Party for decades. […]

Madigan should pack up and leave the General Assembly. He should cede control of the state party and its fundraising. This alone would not be enough to remove the stain of his dominance — Madigan has been speaker for 35 of the last 37 years, effectively stifling any dissent from within his ranks such that there is no Democrat serving in Springfield who doesn’t reliably adhere to the speaker’s agenda — but it’s the only plausible political move.

What’s more, the few Democrats who have issued statements for Madigan to step down, but conditioned those remarks on further investigative developments, should refine their message. They need to pressure Madigan to vacate with expedience and then turn their focus to the legislative ethics commission he barely tolerates, otherwise they’ll cede any moral high ground.

* Northwest Herald editorial, October 5th

The mark on [McHenry County Board chairman Jack Franks’] record is an ongoing Illinois State Police investigation into allegations of sexual misconduct. Franks, however, has not been charged with a crime.

“I’m not going to say much about it today besides saying once again that I’ve done nothing wrong,” Franks told the County Board in February.

Jack Franks is endorsed.

Just “misconduct,” eh?

Illinois State Police recently executed a search warrant at Illinois House Speaker Michael Madigan’s Capitol offices as part of a sexual misconduct and stalking investigation of Jack Franks, a former state representative who now serves as McHenry County Board chairman, the Chicago Sun-Times has learned.

State police got records from Madigan’s offices on Wednesday afternoon, the same day Gov. J.B. Pritzker delivered his State of the State address in a packed Capitol.

The search warrant — obtained by the Sun-Times via a Freedom of Information Act request — says state police justified the search because “probable cause exists for the crimes of criminal sexual abuse, criminal sexual assault, official misconduct, stalking and aggravated battery.”

* Meanwhile, the Daily Herald stands by its endorsement

Is state Rep. Amy Grant a homophobic racist unfit for office? Or is she someone who was set up in a deceitful phone call and then compounded her problems with careless language?

Our editorial board has struggled with these two questions for the past two weeks. We had endorsed Grant, a Wheaton Republican, just before three Democratic leaders released selected excerpts from a 25-minute phone call in which she made statements regarding LGBTQ issues and the legislative Black Caucus. We were forced to consider the unusual step of rescinding that endorsement.

From her opponent…


       

27 Comments
  1. - A Guy - Tuesday, Oct 6, 20 @ 12:39 pm:

    “We agreed completely that some of the comments Grant made were clumsy and insensitive, but in the full context of the conversation, it also seems clear her statements were not about race or sexuality as much as about politics. The Black Caucus reference is slightly ambiguous but follows from a line of discussion about her fears of support in the House for Mike Madigan, an issue she repeatedly tries to steer the discussion toward. Her remarks on “the way he talks” appear to refer not to Mejia-Beal personally but to how he campaigns. The LGBTQ line is not the end of a sentence, but is the first sentence in reference to a group of issues she says her opponent is promoting. Elsewhere during the call, her tone is unquestionably respectful and measured, even as it becomes increasingly evident that she is being enticed, goaded even, to say something offensive.”

    They set up the call and then spliced it to please their narrative. Smear job. On one of the kindest people in the GA.

    Cool initiation they got going over there.


  2. - waste of time - Tuesday, Oct 6, 20 @ 12:43 pm:

    == On one of the kindest people in the GA. ==

    This line says all I need to know about you. Grant is the worst kind of person - someone who hides behind her religion and ignorance to make racial and homophobic statements. No one who works around her is shocked to hear this is how she spoke with a stranger because it’s common place behavior for her.


  3. - Oswego Willy - Tuesday, Oct 6, 20 @ 12:44 pm:

    === Smear job. On one of the kindest people in the GA.===

    Good to see - A Guy - supporting a candidate with racist thoughts they say out loud… again.

    Will go good with your support of Trump.

    The thing about “nice people” in these days, they tell you more and more who they are.

    Choosing to be mine them is up to us.


  4. - @misterjayem - Tuesday, Oct 6, 20 @ 12:47 pm:

    “On one of the kindest people in the GA.”

    As long as you’re not “all LGBTQ” or “Black Caucus.”

    – MrJM


  5. - A Guy - Tuesday, Oct 6, 20 @ 12:55 pm:

    All not true folks. I did hear the entire recording- initiated by the crooked caller- You hear it all, you recognize it’s been illegally recorded and illegally spliced- as the DH points out.
    Waste of time (good name) Anyone who’s spent time around her knows the absolute opposite of what you stated. You either haven’t been around her, or you’re lying.


  6. - Jocko - Tuesday, Oct 6, 20 @ 12:56 pm:

    ==”clumsy” and “insensitive”==

    I’d be interested how many adjectives Jim Slusher went through before settling on these two. His tepid response reminds me of the neighbors of mass shooters who are quoted as saying, “But he seemed so nice.”


  7. - Cheryl44 - Tuesday, Oct 6, 20 @ 1:01 pm:

    If she doesn’t normally use those words it might not be a bad idea to get her to a doctor ASAP.


  8. - Leigh John-Ella - Tuesday, Oct 6, 20 @ 1:05 pm:

    The reality is the Daily Herald just didn’t have anyone to write a new editorial so they doubled down on bad one.
    Economics of modern print journalism.


  9. - DuPage Saint - Tuesday, Oct 6, 20 @ 1:20 pm:

    With that Supreme Court ruling I never understood why Blago was not either let go or given a new trial. Unless he actually got money from the hospital I don’t think he got anything for all his trying


  10. - Pundent - Tuesday, Oct 6, 20 @ 1:25 pm:

    =They set up the call and then spliced it to please their narrative. Smear job.=

    No. Amy Grant thought she was on the phone with a like minded person. Her casual remarks about race, sexual orientation, and illness show that she’s perfectly comfortable in expressing her views when she feels it’s safe to do so. There’s no other logical conclusion that can be drawn here. Accept Grant for who she is.


  11. - John Deere Green - Tuesday, Oct 6, 20 @ 1:37 pm:

    ==On one of the kindest people in the GA.==

    “another, ya know, Black Caucus, that’s all we need is another person in the Black Caucus.” - Amy Grant

    There are several ways one can express displeasure with another’s policy views. That wasn’t one of them. Of all the things to say, she says that. Not an accident, and nothing ambiguous about it. Slusher is engaging in some serious mental gymnastics to excuse it away. If that is your definition of “one of the kindest people,” you’re part of the problem.

    Ranks right up there with “some very fine people.” Inexcusable.


  12. - Lucky Pierre - Tuesday, Oct 6, 20 @ 1:43 pm:

    What do you do when you preside over a property tax scheme where rich ,white people hire property tax lawyers/ Democratic power brokers and impose systemic racism?

    Accuse your political opponents of being racist and hope nobody notices the glass house you are throwing boulders from


  13. - SaulGoodman - Tuesday, Oct 6, 20 @ 2:17 pm:

    Has anyone released the full call publicly?


  14. - @misterjayem - Tuesday, Oct 6, 20 @ 2:31 pm:

    “I did hear the entire recording- initiated by the crooked caller”

    Uh huh.

    Do you also have a secret plan for peace with honor in Indochina?

    Or a secret list of 205 known communists in the State Department?

    – MrJM


  15. - A Guy - Tuesday, Oct 6, 20 @ 4:54 pm:

    ==If she doesn’t normally use those words it might not be a bad idea to get her to a doctor ASAP.==

    Cheryl, Which Words are those? I’ve heard derogatory terms for both of those demographics in my lifetime. I don’t see any of those words here. What is it you see?


  16. - A Guy - Tuesday, Oct 6, 20 @ 4:57 pm:

    ==Slusher is engaging in some serious mental gymnastics to excuse it away.==

    No JDG, Slusher just happened to hear the whole “illegally recorded” conversation. What you heard was some very creatively spliced sentences. He explains that in his editorial. So, you neither heard the whole tape (not your fault) nor read the whole article (your fault)


  17. - Oswego Willy - Tuesday, Oct 6, 20 @ 5:00 pm:

    === Accuse your political opponents of being racist and hope nobody notices the glass house you are throwing boulders from===

    Ya know, I don’t this this type of deflection works, no matter your thought above;

    …those who presume “glass houses” are admitting they support the same things.

    Like you support a racist thinking president.

    Might as well say “both sides”


  18. - Oswego Willy - Tuesday, Oct 6, 20 @ 5:03 pm:

    - A Guy -

    After supporting the racist Trump, i didn’t expect to you be doubling down on other racist thinkers… but here we are.

    Long way from the 6+ years of Candidate Rauner

    ===“… another, ya know, Black Caucus, that’s all we need is another person in the Black Caucus.“===

    When someone tells you who they are, believe them.

    I believe Grant.

    Honest.


  19. - A Guy - Tuesday, Oct 6, 20 @ 5:11 pm:

    ==Has anyone released the full call publicly?==

    No Saul. But, Rep. Grant has authorized it to be released to media outlets (including this one). The Democrats released it to the GOP through the Speaker’s attorney in the first place. Initiated by set up person, snippets released for press conference. Illegally recorded. Spliced. Rep. Welch stated publically in a press conference the Dems signed a confidentiality agreement with the caller. Then, turned it over. Caller identified on phone records. Confidentiality agreement?? That’s gone. She agreed to release it to media without any redaction. Maybe it just isn’t what you were told it was? And, Rep. Welch stated it was to protect her? Hmmm.


  20. - Oswego Willy - Tuesday, Oct 6, 20 @ 5:14 pm:

    Rod Blagojevich said release the tapes…

    Meh.


  21. - A Guy - Tuesday, Oct 6, 20 @ 5:14 pm:

    OW, You’re wrong. So easy to throw that term around. She isn’t. Slusher was convinced. So was every other person I’m aware of who heard it. Please don’t lose track of the fact this whole thing…started with a crime. Believe that.


  22. - Oswego Willy - Tuesday, Oct 6, 20 @ 5:17 pm:

    === whole thing…started with a crime.===

    Next it will be a hoax

    ===“… another, ya know, Black Caucus, that’s all we need is another person in the Black Caucus.“===

    How does it go? Yeah…

    “It is what it is”


  23. - Jocko - Tuesday, Oct 6, 20 @ 5:19 pm:

    ==What you heard was some very creatively spliced sentences.==

    Maybe. But her explanations didn’t help.
    https://capitolfax.com/2020/09/21/rep-grant-these-comments-do-not-reflect-my-heart-or-my-faith/
    https://capitolfax.com/2020/09/23/rep-grant-digs-hole-deeper/


  24. - A Guy - Tuesday, Oct 6, 20 @ 5:22 pm:

    ==“It is what it is”==

    Except when it isn’t.


  25. - Oswego Willy - Tuesday, Oct 6, 20 @ 5:29 pm:

    === Except when it isn’t.===

    Thinking as she does, misspeak or not, she thought enough to say racist things

    It is… what it is.

    Her response that was on Capitol Fax didn’t help, only reinforced.


  26. - A Guy - Tuesday, Oct 6, 20 @ 5:34 pm:

    You must be dizzy after that. Time will tell.


  27. - Oswego Willy - Tuesday, Oct 6, 20 @ 5:36 pm:

    === You must be dizzy after that. Time will tell.===

    It’s easier defending racist thinking, you don’t need to think, just do.

    Be well, social distance, wear a mask.

    :)


Sorry, comments for this post are now closed.


* Isabel’s afternoon roundup
* Hey, why no periods in Vance's name? (Update)
* Former AT&T president says no quid pro quo, no unlawful intent means Madigan-related charges should be dismissed
* Groups ramp up ahead of Iowa's 6-week abortion ban
* Biz types launch new PAC, 501c4 'One Future Illinois' (Updated)
* Open thread
* Isabel’s morning briefing
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
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