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Blagojevich: It is what it is *** UPDATED w/ Video ***

Tuesday, Oct 7, 2008 - Posted by Rich Miller

* Give the governor credit for even appearing in public in a week like this

Governor Rod Blagojevich is calling on Tony Rezko to tell the truth, the day after federal prosecutors indicated that the convicted fundraiser might be cooperating with them.

Appearing at a ceremony Tuesday, Blagojevich wouldn’t say whether he was worried about his future now that his friend and fundraiser may be talking to authorities.

* Even though he didn’t really say a whole lot, despite the relentless questions

Blagojevich said Rezko’s decision to seek a sentencing delay “speaks for itself.”

“It is what it is, it speaks for itself,” Blagojevich said. “Let me just say again what I’ve said before, Tony Rezko is a friend of mine, my heart goes out to him and to his family and he like everybody else should tell the truth. And I would point out he sent a letter, Tony Rezko sent a letter to a federal judge where he expressly said that neither Sen. Obama nor I did anything wrong and now we’ve got to respect the process as we’ve been consistently doing and just let it all unfold…”

The governor went on to repeat several times his answer about the letter Rezko sent to a federal judge before being convicted on political corruption charges earlier this year. In the letter, Rezko said he was never involved in any wrongdoing with either Blagojevich or Democratic presidential nominee Barack Obama and wouldn’t make up stories about them in an attempt to benefit himself.

* And wasn’t exactly believable

Also today, the governor dismissed as “much ado about nothing” revelations that federal investigators have interviewed and subpoenaed contractors involved in a $90,000 renovation of Blagojevich’s home by a Rezko-owned company. Agents have focused on who paid for that 2003 work, the Chicago Sun-Times reported Sunday.

While insisting that he and his wife, Patti, paid for the work themselves, the governor today repeated that he would not release contractor invoices, cancelled personal checks or any other documents that might support his claim.

“The canceled checks are where they belong. They’re at the bank. If you feel like you want to go get them, then run ahead and get them,” the governor said.

And while the governor expressed sympathy toward Rezko and his family, as he has done in the past, Blagojevich said he has not communicated with Rezko since his conviction.

“I don’t think he’s in a place where he can take a phone call,” the governor said.

* Listen to the raw audio here, or download the complete press availability by clicking here.

* Favorite question…

“Governor, don’t you sometimes feel like you’re a character in an Edgar Allen Poe story and that the walls are closing in?”

* Next favorite question…

“Will you resign if you’re indicted?”

The second time that question was asked, the governor said he wasn’t going to answer a “stupid question” like that.

* Kass’ one-track mind at work…

“You’ve talked about yourself, but what about Mr. Obama?” […]

“What about Obama and Rezko? Do you think Sen. Obama has to be a little concerned as well?”

*** UPDATE *** Tribune video

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Tuesday, Oct 7, 2008 - Posted by Rich Miller

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Question of the day

Tuesday, Oct 7, 2008 - Posted by Rich Miller

* I was thinking yesterday that the White Sox have some clear deficiencies in their lineup that simply must be addressed during the off-season. We’ve got a center-fielder who only plays six innings, a third baseman with a mysterious injury that never heals, a replacement third baseman who swings out of his shoes on every pitch, and a rapidly aging DH, to mention just a few. There’s room for improvement.

But it occurred to me this week that Cub fans and many respected analysts firmly believed all year that the Northsiders had close to the perfect team, with an “A-List” manager and a corporate parent finally willing to shell out the big bucks for talent. Yet, they got steam-rolled in the playoffs. What are they now, 0 for their last nine post-season games? Oof.

So, my question is: How can that unmentionable team from the North possibly trade or deal its way into success next year, if the dream lineup proved so awful in this year’s post season?

Snark is encouraged, of course, but I’d also like you to think of some “real” answers. Thanks.

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Is the G getting closer to Blagojevich? Signs point to “Yes”

Tuesday, Oct 7, 2008 - Posted by Rich Miller

[The governor has spoken on the issue at hand. Go here to comment. This one’s now closed.]

* As I write this (shortly after 10 o’clock) the governor is preparing to make a public appearance at Chicago State University…

Governor Rod R. Blagojevich will attend the dedication and help cut the ribbon at the unveiling ceremony of the new Emil and Patricia A. Jones Convocation Center at Chicago State University.

* You gotta figure that reporters are going to swarm all over him about this latest development

In the first official sign that Antoin “Tony” Rezko and his lawyers are talking with federal prosecutors about his cooperation in corruption probes, the judge in his federal fraud case has been asked to delay his sentencing this month.

In a motion filed late Monday by prosecutors, the two sides ask that the Oct. 28 sentencing date for the former fundraiser and adviser to Gov. Rod Blagojevich be delayed indefinitely.

“The parties agree that the [sentencing date], as well as dates related to sentencing filings, should be stricken while the parties engage in discussions that could affect their sentencing postures,” says the motion written by Assistant U.S. Atty. Reid Schar.

The motion seeks a hearing to discuss the status of the case in December. U.S. District Judge Amy St. Eve, who presided over Rezko’s trial this year, was expected to hear the motion Wednesday.

The delay is good news for Barack Obama, since the original October 28th sentencing date would’ve ginned up a bunch of unflattering press coverage right before the election. With everything I’ve heard so far about who is being contacted and the subject matters being probed, Obama’s connection has been nil. So that’s probably more good news for him.

* More about the probe

Several criminal-defense lawyers, who spoke to the Sun-Times only on the condition they not be named, said prosecutors have asked to interview or reinterview their clients about allegations that Blagojevich’s campaign took contributions in exchange for state contracts or appointments. One lawyer said prosecutors told him they sought the interview in response to new information provided by Rezko.

Not good.

* More reform and renewal…

* Will County official says FBI investigation was a dirty political trick - County executive Larry Walsh says county auditor Stephen Weber used his position to further an FBI inquiry

* Did Will County auditor abuse his power?

* Why voters need to monitor leaders

* Dozens caught in Chicago scandal banned from city work

* Dozens Of Companies Barred From City Business

[The governor has spoken on the issue at hand. Go here to comment. This one’s now closed.]

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A walking, talking poster child for a constitutional convention

Tuesday, Oct 7, 2008 - Posted by Rich Miller

* My syndicated newspaper column continues the series on the constitutional convention…

It’s no secret that Gov. Rod Blagojevich is probably the most unpopular Illinois governor in living memory.

The entrenched politicians and special interest groups who oppose a state constitutional convention are rightly worried that the public’s mistrust, even hatred, of this governor will skew November’s vote. Every twenty years, voters are given the right to call a constitutional convention, and the next opportunity is this November 4th. Opponents fret that Illinoisans may decide to make the constitutional convention vote a referendum on Rod Blagojevich. If that happens, they say, then illogic and emotion will prevail and terrible consequences could follow.

Ridiculous.

The truth is that Rod Blagojevich is a walking, talking poster child for a constitutional convention.

Blagojevich’s disastrous, harmful and years-long fight to the death with his political nemesis House Speaker Michael Madigan has featured numerous and often dangerous attempts to exploit the constitution’s needlessly vague language.

For instance, the courts have gone back and forth on gubernatorial veto powers, and Blagojevich has seized his opportunities. The governor believes he can use his amendatory veto power to drastically write totally new legislation and send it back to the House and Senate for approval. Others say his amendatory veto authority is limited to only minor corrections to whatever passes both legislative chambers.

Trouble is, the constitution’s language is so terribly vague that nobody really knows who is right.

This may seem too “insiderish” to you, but the governor has used those amendatory vetoes to act as if he is a legislature unto himself by creating gigantic and complicated new laws. Most of the constitution’s drafters who are still alive will tell you that they never meant this to happen, but they should also admit that they did a very poor job of wording the provision.

Nothing in the Illinois constitution specifically gives the governor any authority to create what are known as administrative rules. In the past, the General Assembly would pass legislation, but it would also allow state agencies to come up with the details needed to implement the new laws. Many years ago, the legislature created an oversight committee to make sure the governor’s rulemaking stayed within reason, and Blagojevich even signed a law a few years back to give the legislature more power to stop his rules.

Since then, however, Blagojevich has used administrative rules to create completely new programs out of nothing. When the special legislative committee tried to stop him, he said it had no authority to do so, thereby ignoring the law that he, himself had signed.

Blagojevich essentially believes that he has almost dictatorial powers to create new taxpayer-funded programs without the General Assembly’s approval. Speaker Madigan retaliated by demanding that almost all bills had to include language forbidding the governor from creating new rules. The fight has basically halted all major legislation this year. A court recently shot Blagojevich’s argument down, but he still won’t admit defeat.

The constitution allows the governor to call special sessions of the General Assembly, but Blagojevich insisted that he had the authority to call special sessions at any time he wanted. That case went to court as well. The governor’s lawyers then demanded that House Speaker Madigan be sanctioned if he did not call special sessions at the exact times demanded by the governor and also guarantee that enough legislators were present to conduct business. The sanctions and quorum arguments were dropped, but the governor can now call special sessions at 3 o’clock in the morning if he sees fit, even though nothing in the constitution gives him that specific right.

I could go on for days, but I’m running out of room. The point is that Blagojevich has done us all a favor by attempting to exploit these and many, many other constitutional loopholes. We now know where they are and how to close them. And we also know that if we don’t do something about this, then Blagojevich or the next governor who decides he’s a dictator can’t be stopped.

So, if you believe as I do that Gov. Blagojevich has abused his constitutional powers, you should vote “Yes” on a constitutional convention.

Always remember that you’ll have the right to vote for convention delegates, and then you’ll vote up or down on any and all constitutional changes. It’s not nearly as scary as the other side wants you to think.

Rich Miller also publishes Capitol Fax, a daily political newsletter, and thecapitolfaxblog.com.

[If you would like to be removed from this list, please respond to this e-mail and type “Remove” in the subject line.]

* Meanwhile, the Sun-Times editorial board takes the opposite approach to myself and the Chicago Tribune…

The dangerous wild card in all this, however, is not so much what a convention might fail to do, but what it might do. Once the Constitution is thrown open, anything goes. A woman’s right to choose an abortion could be curtailed. Same-sex marriage could be permitted or prohibited. Home rule authority, crucial to ability of cities such as Chicago to manage their finances, could be substantially weakened.

Do we honestly fear the Constitution would be so completely overhauled? Not really. Without a shared agenda among the state’s power brokers — as there was in 1970 — our best guess is nothing would be changed.

* Related…

* Proponents could appeal judge’s ruling on con-con ballot: We’ll learn more Tuesday.

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RollCall poll shows Seals leading Kirk 52-44, undercuts Kirk pollster’s anti-Semitism argument

Tuesday, Oct 7, 2008 - Posted by Rich Miller

* Yesterday’s poll results that showed Democrat Dan Seals in the hunt against Republican Congressman Mark Kirk drew one of the most unusually harsh responses from a pollster that I’ve ever seen. The poll, by the respected firm Research 2000, was slammed by Kirk’s pollster for its sponsor, partisan Democratic blog DailyKos, and for its methodology.

Here’s the “executive summary” from McLaughlin & Associates

The ultra left-wing Web site Daily Kos commissioned a poll by Research 2000, which was conducted in Illinois’ 10th Congressional District from 9/30-10/1. The survey was flawed on three levels. First, the survey over-sampled voters age 18-29 while under-sampling voters 60+. Second, the survey over-sampled Democrats and Independents while under-sampling Republicans. Third, the survey was intentionally conducted on the Jewish High Holy Day of Rosh HaShanah that would exclude observant Jewish Democratic voters who lean more toward Kirk than average Democrats.

* I contacted Research 2000’s president, Del Ali, yesterday. Ali seemed shocked at the McLaughlin’s allegations, and wouldn’t respond to some of the harsher language in the McLaughlin press release, which included this particularly nasty passage from Kirk’s pollster

It’s no surprise that DailyKos, which has come under attack by Democrats like Harold Ford Jr. and Lanny Davis for anti-Israel and anti-Semitic content, chose to conduct its poll on the Jewish High Holy Day of Rosh HaShanah. The 10th District is almost 20 percent Jewish – one of the larger Jewish districts in the nation. In addition to being disrespectful, the poll excluded observant Jewish voters who tend to vote for Mark Kirk more than average Democrats. In our last survey, Kirk did 25 percent better among Jewish voters than a typical Republican.

* It seemed obvious to me that the Kirk campaign was trying to stir up a hornet’s nest, so I temporarily ignored the McLaughlin response while I figured out how to touch this delicate topic.

On the merits, however, Ali staunchly defended his likely voter screens, charged that McLaughlin had “way undersampled” young voters in McLaughlin’s brushfire poll of just 300 respondents and claimed that too many pollsters today were using outdated polling models designed in the early 1980s.

Kos, himself, was far more blunt in his reaction to McLaughlin’s charges of anti-Semitism

The timing of the poll was mentioned in our post announcing the poll, but unlike the hyperventilating Kirk campaign, we argue that the timing depressed Democratic-leaning voters that would support Seals, rather than Kirk. While Kirk may have some Jewish support, that community is still Democratic leaning and will deliver a majority of its support to the Democrat this November. Arguing that excluding some Jewish voters is actually an anti-semitic ploy to depress Kirk’s numbers is laughable. And desperate.

But let’s thank the Kirk campaign for 1) betraying their insecurities. No campaign goes nuclear on a poll they consider to be an outlier; and 2) giving the poll higher visibility. These things have a habit of falling through the media cracks. Thanks to their outsized freakout, they’ve created the sort of conflict that will ensure a higher profile for the results.

They are freaked out, that much is clear

* And now a new poll conducted for the hugely respected publication RollCall shows Mark Kirk trailing the Democrat Seals

In Illinois’ 10th district, marketing consultant Dan Seals (D) led Rep. Mark Kirk (R) 52 percent to 44 percent. [emphasis added]

* More bad news for Kirk from the RollCall poll and a possible explanation for Seals’ apparent surge…

In the SurveyUSA poll, Obama led McCain in the district 62 percent to 36 percent — a margin that’s 20 points greater than Sen. John Kerry’s (D-Mass.) margin over Bush in the 2004 White House election.

* And in perhaps the greatest blow to Kirk’s overheated argument, RollCall’s pollster, SurveyUSA, used the same partisan makeup that was used by Kos’ pollster

Kirk’s pollster also took issue with the partisan makeup of the Research 2000 poll — which was similar to the partisan makeup of the SurveyUSA poll conducted for Roll Call. Kirk’s own polls have shown him with a substantial lead over Seals.

So, to summarize, the anti-Semitic argument used by the Kirk campaign was backwards. SurveyUSA polled after the Jewish holiday and came up with much stronger numbers for Dan Seals. RollCall’s pollster also used a similar partisan breakdown used by Kos’ pollster, which undercuts the Kirk claim that the Kos poll was inherently flawed and out of whack.

* SurveyUSA details

Poll of 623 likely voters taken Oct. 4-5. 3.9-point margin of error.

* Related…

* Dan Seals says he raised $700,000 in funds in 3rd quarter

* Kirk up in campaign money race

* Ozinga, Halvorson debate at ISU cordial

* Foster, Oberweis clash on bailout package

* 18th Congressional District candidates square off in debate

* Schafer campaigns outside debate

* Bean, Greenberg square off on energy

  50 Comments      


Morning shorts *** UPDATED x1 ***

Tuesday, Oct 7, 2008 - Posted by Kevin Fanning

* NEW: Farmers going to or from fields fear becoming road-kill

The inevitable tension on rural roadways has forced many farmers—especially in the collar counties—to rearrange their harvesting schedule around rush hour. Instead of heading to their fields at sunrise, some are getting started after 9 a.m., or even in the middle of the night to avoid encounters with commuters.

* NEW: Economic Slump Could Hit Chicago Hard

University of Illinois at Chicago economist John McDonald has studied the Chicago area for decades. He says most local industries, whether construction or banking, health care or hospitality, will recover.

McDONALD: Those are sectors that are cyclical and will come back. What is truly damaging for the Chicago metropolitan area, based on what has been the case in previous recessions, we lose our manufacturing base, and it does not come back.

* NEW: Ford to cut nearly 800 jobs at its Chicago factory

Ford will cut 792 jobs at its Southeast Side assembly plant when it drops to one shift early next month, according to a filing with the state.

Separately, two suppliers to Ford told state officials they’ll pare 168 jobs from their payrolls.

Previously, Ford said 600 part-time positions would be eliminated when it cuts one shift at the factory, 12600 S. Torrence Ave. The automaker also had said the move would result in a loss of full-time jobs but hadn’t been more specific.

* NEW: Bloomington could be hit hardest by financial crisis?

More than one-quarter of it’s residents work in those industries and Bloomington is home to companies like State Farm and Country Financial.

The magazine says the impact of a downturn could be more serious in smaller cities that are less diversified.

* NEW: Casino talk surfaces in Illinois’ south suburbs

* Debate puts Senate race in spotlight

Republican Senate candidate Steve Sauerberg accused incumbent Dick Durbin of turning a blind eye to Democratic dysfunction in Springfield and also called for keeping American troops in Iraq as the two candidates met Monday in their first debate.

The two debated for only about 25 minutes during the PBS program “Chicago Tonight.” Still, the faceoff offered Sauerberg a rare moment in the spotlight to challenge Durbin and let voters know the Senate seat is up for grabs next month.

* Health care at issue in Senate debate

Sen. Dick Durbin and Republican Steve Sauerberg clashed over the nation’s health care crisis Monday, with the Democratic incumbent accusing the family practice physician of proposing an end to government-backed insurance for the poor and elderly in favor of a program using tax credits to purchase private insurance.

Sauerberg criticized Durbin’s support for what the challenger contended was a pork-laden $800 billion government bailout of financial firms, saying it should have been “a wonderful opportunity to do some free-market type changes” that included cuts in corporate taxes and a moratorium on capital gains taxes.

* U. of I. reverses controversial ban on political activity

The University of Illinois said Monday that it would allow employees to display political bumper stickers, wear political buttons and attend political rallies on campus, reversing an earlier interpretation of state ethics law that has drawn sharp criticism. “We, the leadership of the University of Illinois, will preserve, protect and defend the constitutionally guaranteed rights of every member of our university community,” university President Joseph White said in a public advisory. Certain activities barred under the earlier interpretation, he wrote, “conflict, or appear to conflict, with fundamental freedoms.”

* U of I: Workers can campaign, but not on the job

* Pontiac Prison: inmates being transferred?

* Union seeks court order to stop Pontiac prisoner transfer

* Union objects to Illinois’ plan to move 100 Pontiac inmates

* Cook Co. health ‘billion-dollar budget’ remains a mystery

Three days after the Cook County Health and Hospitals System publicly debated and passed a “billion-dollar budget,” it continued Monday to refuse to present the document to the public.

The failure to produce the document also comes three days after Cook County Chief Financial Officer Donna Dunnings promised a reporter the document would be produced Monday.

* Lisa Madigan ‘thinking about’ gubernatorial run

* Countrywide borrowers bailed out

A loan modification program that’s part of an $8.7 billion national settlement about deceptive mortgage practices will help tens of thousands of borrowers stay in their homes and could be a national model, Illinois Attorney General Lisa Madigan said Monday.

On Monday, Madigan’s office discussed details of the settlement negotiated with Bank of America to settle a predatory lending lawsuit against Countrywide Financial, which Bank of America acquired during the summer

* Madigan Reaches Multi-Million Dollar Deal with Countrywide

* Relief in sight for Countrywide’s Illinois customers

More than 10,800 Illinois families with home loans from troubled Countrywide Financial are about to get some relief.

The nation’s No. 1 subprime mortgage lender settled a massive fraud suit Monday by agreeing to cut some loan rates to as low as 2.5 percent. Altogether, the settlement means loan relief of about $185 million for Countrywide customers in Illinois, Attorney General Lisa Madigan announced.

* Aldermen want to give divorcing homeowners a break

* After disbanding scandal-plagued Special Operations Section, Chicago police to start special gang unit

Specialized units designed to fight gangs have been a double-edged sword for decades in the Chicago Police Department. Officers assigned to such units develop a high-level of expertise and intelligence in dealing with gangs and tend to make a lot of arrests and take violent drug dealers off the streets. Department leaders said they were key to a 25 percent drop in homicides in 2004

* Aldermen question lease of Midway Airport

Chicago Mayor Richard Daley’s $2.5 billion plan to privatize Midway Airport got stuck on the tarmac Monday, amid a barrage of questions from aldermen. They sought answers on a range of issues, from police protection to parking and shopping costs to whether the city was getting top dollar during the credit crunch.

Aldermen had so many concerns about the historic 99-year lease that Ald. Edward Burke (14th), chairman of the city council’s finance committee, was forced to postpone a vote. The committee will reconvene today to further debate the proposal.

* Aldermen question city on airport concessions

* Mayor’s airport lease deal discussed but no vote today

The administration provided more details about the plan today.

Of the amount that the private operators would pay, $1.15 billion would pay off Midway debt; $225 million would go toward a new fund for police and fire service at the airport; and $126 million would pay for ongoing projects, including a program to sound-proof nearby homes.

* Kaneland teachers file intent to strike

On Sunday, the teacher’s union voted 267 to 11 in favor of sending the district a 10-day notice of intent to strike. The notice does not guarantee a strike will actually occur, but paves the way for a walkout if negotiations tank this week.

* U46 officials focus on mentoring at-risk boys

Across U46, more than 100 central office administrators, principals, assistant principals, deans and department heads are taking on 10 male students this year in grades four through 12 as part of the district’s new plan called the “10 Boys Initiative.” It’s based on a similar program created by Ingrid Carney, former deputy superintendent of Boston Public Schools, in 2007.

* U-46 launches initiative to mentor 1,200 students

* Buffalo Grove checks progress on flood issues

* Briefs: FEMA relief for Bartlett

* Des Plaines still dealing with fallout from flood

* Electronic DuPage court call to smooth paper trail

In an effort to further modernize Illinois’ second-largest judicial system, authorities unveiled a new electronic court call that eventually will make the paper dockets that hang outside courtrooms obsolete.

* But you can put lipstick on Mike Quigley’s chief of staff …

Cook County Commissioner Mike Quigley’s chief of staff Kimberly Walz once was a beauty queen — Miss Freeport, Ill. — and now she’s a finalist in Sephora.com’s Posie Gal Contest.

  10 Comments      


Protected: SUBSCRIBERS ONLY - Today’s edition of Capitol Fax

Tuesday, Oct 7, 2008 - Posted by Rich Miller

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This just in… *** Understatement of the month *** Pharmacists will pay *** Murnane makes nice with Lisa Madigan ***

Monday, Oct 6, 2008 - Posted by Rich Miller

* 1:47 pm - Trust me on this one, she’s doing a whole lot more than “thinking about” running for governor

The next gubernatorial election is still two years away, but Attorney General Lisa Madigan acknowledges she’s “thinking about” a run for the state’s top job.

Madigan didn’t offer any other hints Monday about a plan to challenge her fellow Democrat, Governor Rod Blagojevich, should he seek re-election.

Madigan says her immediate election goal is to get Democrat Barack Obama elected president in November.

* 2:17 pm - The governor’s quasi-dictatorial decision - blocked so far by two different courts - to start up a taxpayer funded program without legislative approval has resulted in severe consequences….

Illinois pharmacists must help pay for a health care program the Blagojevich administration bungled.

A notice from the Department of Healthcare and Family Services and obtained by The Associated Press tells pharmacies a court order precludes it from reimbursing prescriptions filled under the FamilyCare program Governor Rod Blagojevich expanded.

Illinois Pharmacists Association director Michael Patton says the druggists are out the money they spent for the medication, expecting to be reimbursed under FamilyCare. He says no one can tell him how much money pharmacists are losing.

* 4:10 pm - Buried in this puff piece about Attorney General Madigan are these somewhat surprisingly nice words by Ed Murnane, of all people

Fears that Madigan would be a trial-happy opponent of tort reform groups have so far proven unfounded, said Ed Murnane, president of the Illinois Civil Justice League.

“She’s been a pleasant surprise to those of us who were concerned that she would be very closely aligned and sympathetic to plaintiffs’ lawyers,” said Murnane, who serves on the board of directors of the American Tort Reform Association.

Murnane noted that while Madigan would not be considered an ally of the tort reform movement, “She has not been the ogre some thought she was going to be.”

He said “problem attorneys general” are known for taking their consumer protection duties and responsibilities too far.

“I do not think that Lisa Madigan has gone overboard, at least not yet,” Murnane said. “She is probably to some extent trying to keep some of her powder dry because she is widely assumed to be keeping a pretty close eye on the governor’s office.”

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Monday, Oct 6, 2008 - Posted by Rich Miller

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Question of the day

Monday, Oct 6, 2008 - Posted by Rich Miller

* Long set-ups usually result in fewer responses, but we’re gonna try anyway. The Tribune has a very well-written, balanced piece on the state’s new “Citizens Participation Act,” which a pro-life group claims was misused against it. The whole thing started over the nasty fight about a Planned Parenthood center in Aurora. The right-to-life groups were doing their best to stop it and Planned Parenthood retaliated with some harsh words

Scheidler sued Steve Trombley, president of Planned Parenthood of Illinois, alleging libel for saying to the Aurora City Council, and in an ad in a local newspaper, that the [Pro-Life Action League] has “a well-documented history of violence.”

* Planned Parenthood’s response to the suit…

“Illinois’ Citizen Participation Act . . . specifically protects the constitutional right to engage in the very type of speech that is at issue here,” Planned Parenthood said in a court filing.

* Here’s the relevant statutory language

Acts in furtherance of the constitutional rights to petition, speech, association, and participation in government are immune from liability, regardless of intent or purpose, except when not genuinely aimed at procuring favorable government action, result, or outcome.

* More on Planned Parenthood’s response

It argues for dismissal on a variety of familiar grounds: because the allegedly defamatory statements were true, because they can be given an innocent construction, because they didn’t even refer to the individual plaintiffs.

But leading the list is the assertion that the Citizen Participation Act gives Planned Parenthood “absolute immunity against plaintiffs’ claims.” That’s because the organization was campaigning for local political support, and the CAP — to quote it — provides that “acts in furtherance of the constitutional rights to petition, speech, association, and participation in government . . . are immune from liability, regardless of intent or purpose” [emphasis added]

* Even the sponsor is a bit surprised that the law was used this way

Illinois State Sen. John Cullerton called himself a Planned Parenthood supporter but acknowledged its use of the act was not what he had in mind when he pushed for it to become law. Still it is the judge’s decision as to “whether or not that law is appropriate to the facts,” he said.

* A bit more background…

[David Ardia, director of the Citizen Media Law Project at Harvard Law School] said anti-SLAPP laws got their start in the 1970s as environmentalists spoke out against big developers. “If we didn’t have them, we would have significantly reduced public speech on many, many important public issues,” Ardia said.

* Question: Does the state law go too far, or is it necessary to stop lawsuits which can chill free speech? Explain fully, please.

  17 Comments      


Ethics, schmethics

Monday, Oct 6, 2008 - Posted by Rich Miller

* The Tribune points out the glaring loophole in Illinois “revolving door” prohibition. The prohbition doesn’t work because waivers are too easy to get

Last week, tollway chief Brian McPartlin announced that he was leaving to become a vice president of McDonough Associates, an engineering and architectural firm that has received more than $30 million in tollway contracts while McPartlin was in charge. He’s asking the state ethics commission for a waiver of the one-year rule, and he’ll almost certainly get it.

Per tollway rules, McPartlin played no role in the McDonough contracts, an agency spokeswoman says. And that’s likely good enough to satisfy the toothless law. Since 2005, 14 applications for waivers have been filed; only one was denied.

In seven of those cases, the ethics commission determined the applicant wasn’t substantially involved in a contract or regulatory decision that directly affected a prospective employer. That’s a pretty squishy requirement, especially when applied to agency chiefs, who are running the show regardless of who makes the day-to-day decisions. Does your boss need to be in the room to influence your decision-making? Probably not. Does that mean he’s not a player? Ha. […]

Granting waivers to employees who can demonstrate they have no conflict of interest sounds fair, in principle. But the law’s wording is so loose that it applies to only the most egregious conflicts, which is not to say that McPartlin’s situation is among them. But if Illinois is serious about stopping the revolving door, it needs to be more realistic about what constitutes a conflict of interest, and less generous about granting waivers. A prohibition doesn’t mean much if you can get a waiver simply by asking for one. [emphasis added]

Exactly.

* Speaking of ethics, the AP takes a nuanced approach to Barack Obama’s claims that he shepherded an earlier ethics bill through the GA…

“When I was in Illinois, I passed the toughest ethics reform in 25 years there, despite the opposition of Democrats and Republicans,” the Democratic presidential candidate told a New Hampshire audience last month.

In fact, Obama was part of an ensemble that negotiated the legislation and built support for it. And the ethics bill passed by lopsided margins of 52-4 in the Senate and 102-3 in the House, although its riskier moments came earlier during those behind-the-scene negotiations that Obama was heavily involved in.

As always with ethics bills, the behind-the-scenes negotiations are the most important part.

* The sticking point on this particular bill was the state’s practice of allowing politicians to convert all of their campaign funds to personal use. The old bulls, who controlled the process, made it clear that they wouldn’t move any bill that contained that language. So, they were essentially bought off with a “grandfather clause” that allowed the old-timers to keep their cash…

The grandfather clause allowed Illinois politicians to continue making personal use of a combined $15 million, an Associated Press analysis showed. Obama was eligible to convert just $14,000 to personal use and chose not to do so.

Obama’s campaign says the loophole was vital to the bill’s success. “Making the law apply retroactively was a poison pill that … would have killed the bill,” said spokesman Justin DeJong.

That’s true. Many old-timers didn’t see a need for an ethics bill at all, let alone one stripped “their money” from their pocketbooks.

Still, critics are right that the bill wasn’t exactly the be-all-end-all that Obama proclaims.

  13 Comments      


Dem-commissioned poll has Kirk below 50; Schock treated with kid gloves, again

Monday, Oct 6, 2008 - Posted by Rich Miller

* Research 2000 is a decent polling outfit, but because the Democratic-biased Daily Kos site has commissioned polls from the firm, its surveys are getting short shrift. I wouldn’t be too sure about the detractors’ arguments. The polls look pretty legit to me, although there is room for argument about their “likely voter” screens. Nobody really knows yet who is going to vote and in what numbers.

Research 2000’s latest DK poll is of the Mark Kirk/Dan Seals congressional race. The methodology

A total of 400 likely voters in the Tenth Congressional District were interviewed by telephone between September 30 and October 1, 2008.

Those interviewed were selected by the random variation of the last four digits of telephone numbers. A cross-section of exchanges was utilized in order to ensure an accurate reflection of the district. Quotas were assigned to reflect the voter registration of distribution by district.

The margin for error, according to standards customarily used by statisticians, is no more than plus or minus 5% percentage points.

That’s pretty standard stuff and the usual universe for congressional polling.

* And here’s the matchup, with Kirk’s September polling (just 300 respondents) in parentheses…

Kirk 44 (51)
Seals 38 (29)

* The head-to-head toplines….

* Kos’ conclusion…

To win, Seals must further erode Kirk’s support among Independents and even Democrats (currently at 12 percent), while getting his name ID up with his district’s electorate (29 percent don’t know him, including 32 percent of Independents).

* Meanwhile, Republican congressional candidate Aaron Schock appears to be back in the good graces of the Peoria paper. Check out this lede

Aaron Schock is young, smart, handsome, rich and lucky.

The columnist goes on to show how Schock profited from flipping properties to public entitites and prominent local institutions like Bradley University. But, in the end, Schock gets a pass.

* Related…

* Dirty money in the 18th District? Not by Illinois standards

* Ozinga, Halvorson TV ads put to the truth test

* Kirk, Seals spar on key energy solutions

* Editorial: Re-elect Kirk

* Democrats look to hold on to Hastert’s old seat in D.C.

* Oberweis Versus Foster Debate Synopsis

* Bitterness still around but celebrities AWOL in 6th District brawl

  21 Comments      


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Monday, Oct 6, 2008 - Posted by Rich Miller

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Tribune urges “Yes” vote on con-con; Erickson lays out what’s at stake

Monday, Oct 6, 2008 - Posted by Rich Miller

* I never believed for a second that the Chicago Tribune would endorse a “Yes” vote on the constitutional convention referendum. I figured their huffing and puffing over the ballot language shenanigans would give them political cover to oppose the referendum itself.

Boy, was I wrong, and how

Decide right now that you’ll vote yes Nov. 4 on what could be the most important ballot measure you’ve ever encountered. Then relax as the establishment foes of a constitutional convention do their best Halloween act to scare the bejabbers out of you and every other citizen of Illinois.

And when their goblins fly at you, heads spinning, with their best “Bwaa-Haa-Haa!” about the dangers of a con-con, don’t flinch. They’ll screech that convention delegates—your fellow citizens—could try to raise tax formulas, or repeal individual rights, or steer planet Earth into the sun. Answer the bloodcurdling spirits with the mantra they cannot refute: Before our constitution actually would change—We . . . have . . . the . . . final . . . say. All of us. In another referendum. We have to vote proposed revisions up or down.

Wait, it gets better…

Vote yes because if this referendum proposal fails, you do have a guarantee: The sweet-smiling panderers who run this mismanaged state will give you 20 more years of what you have now.

You cannot challenge the interests that own too much of Illinois if you don’t climb into the ring with them.

Big finish…

Let the scaremongers tell you that democracy is dangerous for Illinois. Keep murmuring, We . . . have . . . the . . . final . . . say. Then vote yes on the con-con referendum proposal.

The Tribune muckety-mucks pal around with some of the big business types who staunchly oppose the referendum, and who also happen to advertise in their newspaper/radio/TV stations. That editorial took guts. Good for them.

* Meanwhile, Kurt Erickson, who has been a Statehouse reporter for years, comes as close as one can get to endorsing a “Yes” vote

The last time the question was on the ballot was in 1988, when the call to revisit our government’s rule book was defeated by nearly 2 million votes.

Since then, we’ve watched the disparity between wealthy and poor areas of the state continue to grow when it comes to educating our children.

We’ve seen a governor go to jail. We’ve seen another governor become the focus of federal prosecutors as he’s presided over a government that is deeply insolvent.

We’ve watched the state’s legislative leaders amass grand powers to control what gets voted on - or doesn’t - in the House and Senate.

We’ve seen them disappear behind closed doors to negotiate out-of-balance budgets that are then sprung upon the rank-and-file lawmakers at the last minute, take it or leave it.

We’ve watched competitive races for the Legislature become few and far between because of the way legislative leaders have gerrymandered district maps to assure they keep their power intact.

Those types of issues could be addressed by a constitutional convention.

Go read the whole thing.

* Erickson is now the third Statehouse columnist to write favorably about a “Yes” vote. Scott Reeder endorsed it late last month. And then there’s me. That should tell you something. None of us have any skin in this game. We are honestly advising readers from first-hand experience and practically begging them to listen to our pleas.

* Related…

* Judge orders rewrite of Nov. 4 referendum question

* Illinois Constitutional Convention (2008)

* Does Illinois need a new constitution?

  41 Comments      


Feds zeroing in on governor’s house

Monday, Oct 6, 2008 - Posted by Rich Miller

* I told my readers about this several days ago

Federal investigators are zeroing in on whether Tony Rezko paid for all or part of a $90,000 rehab of Gov. Blagojevich’s Northwest Side bungalow as the corruption probe of the state’s first family accelerates.

Since Rezko’s felony conviction in June, the FBI has been investigating how the former top Blagojevich fund-raiser billed the governor and his wife for the work, who paid for it and whether Rezko ever arranged for cash to be passed in envelopes to the Blagojeviches, several sources familiar with the probe told the Chicago Sun-Times.

A grand jury has issued at least one subpoena related to the project, according to the sources, who spoke on condition of anonymity. Agents also have inquired about the governor’s wife’s real estate dealings with Rezko and whether Rezko might have disguised payments for the work through sham billings at a large housing development he was building. […]

The questions about the Blagojevich house are part of a joint investigation by the FBI, IRS and U.S. Postal Inspection Service. Other aspects include whether the governor’s administration traded state posts or contracts for campaign cash and Patti Blagojevich’s real estate dealings.

As Bill Baar notes

How weird if the Gov (and his wife) end up imprisoned over home improvements when they could have lived on the Taxpayer’s dime in a mansion in Springfield.

* Related…

* Contractors dealt directly with gov’s wife, who ‘definitely knew what she wanted’

  35 Comments      


Morning shorts *** UPDATED ***

Monday, Oct 6, 2008 - Posted by Kevin Fanning

* Durbin’s first TV ad of the season: Don’t Give Up

* Durbin, Sauerberg to Debate Monday Night

* NEW: Congress’ boost to Amtrak fueled by high gas prices, too much traffic - Chicago would be hub of nine-state, high-speed network

* NEW: Riding rails to Dubuque? Rising Amtrak ridership could net new Illinois lines to Quad Cities, Galena

* NEW: Cash grabs sell state’s future at a discount

* NEW: Hundreds gather at park rally

* NEW: High school juniors improve on PSAT, but scores still down

* NEW: Why do Chicago and Mayor Richard Daley face $420 million budget shortfall?

* NEW: City cuts hit two key areas: Police, Streets & Sanitation

The 1,080 layoffs are projected by the Daley administration to save $98 million. They represent the biggest purge in Daley’s nearly 20-year tenure as mayor.

* NEW: Unions reject mayor’s furlough request

* NEW: Mayor’s airport lease deal gets first vote today

* Economy forcing many seniors to cut on health care

*Chef says Peraica ad half-baked

Izard, the Chicagoan who won the most recent season of Bravo TV’s “Top Chef,” is the latest famous face appearing on campaign materials for Tony Peraica, the Republican Cook County Board member running for state’s attorney.

* Much debate over proposed Kaneland boundary changes

“Our community would be further divided,” she said. “Children from the village of Sugar Grove would go to three different elementary schools. Our goal is to regain our sense of community.”

* DuPage assessors say your property values haven’t dropped

“Houses aren’t selling at the prices sellers are looking for, but they are still selling them for a profit,” said Naperville-based Coldwell Banker agent Gail Niermeyer.

* Suburban mayor charged with forging license

Charged Friday with forging a name on a liquor license, Island Lake Mayor Thomas Hyde is the third current or former public official in the rural Lake County hamlet to be arrested since last year and accused of crimes related to their official duties.

* New law requires computer techs to report child porn

* Cook, 6 area counties eligible for flood aid

Gov. Blagojevich on Friday announced that his request to President Bush for federal disaster assistance has been approved.

* Mitsubishi workers in Illinois ratify contract

* Judge rules against Michigan over wine shipments

* State’s small-town hospitals undergoing building boom

* New Lincoln titles on the horizon

heard at the National Archives that over sixty new books on Lincoln will be published during the bicentennial. I believe it, too; seems like everybody wants to get a new Lincoln title into print sometime soon.

* Lincoln/Douglas debates come to life at Knox

* Davlin first VP of Municipal League

* SIU raises over $100 million in capital campaign

* “Because” - The Story of an Organ Donor

* A Network to Satisfy the Appetite of Baseball-Hungry Fans

  2 Comments      


White Sox “Blackout” strikes again

Monday, Oct 6, 2008 - Posted by Rich Miller

* Sorry for your troubles, Cub fans, but us Sox fans still see some life in our team. I’d like to humbly suggest this theme song for today’s game. Turn it all the way up…


Forget the hearse ’cause I never die

This is a Chicago White Sox open thread.

  24 Comments      


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