Late afternoon linkies
Wednesday, Dec 10, 2008 - Posted by Rich Miller
* Unless something else breaks, this will be the last post of the afternoon. I wasn’t able to get to a few topics, particularly the Tribune stuff. We’ll talk about that tomorrow.
Until then, here are a few tidbits to chew on.
* Not a bad idea…
State Sen. Dan Rutherford wants the Department of Corrections to suspend the closure of Pontiac Correctional Center.
“I have heard repeatedly … that the Department of Corrections really wasn’t keen on wanting to close Pontiac to begin with,” Rutherford, a Chenoa Republican, said during a press conference Wednesday. “I think it’s time for Director (Roger) Walker to step up … and show some leadership right now.”
* Oof: Republican Edgar regrets choice not to run in 2006 race
* Armchair psychology from a psychologist tends to confirm what most of us suspected…
[Blagojevich’s] behavior is consistent with what we would term the psychopathic personality and in that he’s very charming but he’s not really an authentic person,” said Dr. Larry Grimm, UIC Director of Graduate Studies.
Psychologist Larry Grimm doesn’t know the governor, but from his office at the University of Illinois Chicago office he’s read and heard reports of the governor’s behavior that sound to him like a personality disorder.
“They can be quite successful. But the people around them come to know them and can see how manipulative they are and see how they engage in behavior most people would feel very guilty about,” said Dr. Grimm.
A personality disorder is not considered a mental illness, said Dr. Grimm. He also says that personality disorders are believed to be created by both biological characteristics as well as environmental factors.
* Tribune has some behind the scenes stuff…
Meanwhile, top Blagojevich staffers held a conference call Tuesday and were urged by deputy governors to reassure rank-and-file workers that there still will be a chain of decision-making, to not let the governor’s arrest paralyze or distract them, and to keep serving the public well, according a high-ranking state official.
I bet that was a fun call.
* CBS 2 shares some private moments…
CBS 2 Chief Correspondent Jay Levine reports Blagojevich was at home Tuesday night, visited by his attorney, Sheldon Sorosky. Patti Blagojevich was also at the home, for much of the day with her sister, Deborah Mell.
* Speaking of family…
On Jan. 14, Deborah Mell will be sworn in as the new state representative from the district her brother-in-law once represented. She could be called up to vote on his impeachment. What will she do?
* Mell ‘horribly sad’ for Patti, grandkids
* More linkies from Kevin…
* DoJ left Fitzgerald alone in Blago probe
* Daley Dodges Blagojevich Resignation Questions
* ‘Chicago Tribune’ Blago Coverage Scores Record Web Traffic
* Blago’s health care legacy tainted by scandal
* Pat Quinn waiting in the wings
* ‘Are we nuts in this state?’
* Suburban Democratic leaders calls allegations ‘horrendous’
* Southlanders react to governor’s arrest
* G-men’s audacity befits case against Gov. Blagojevich
* Illinois shamed, embarrassed by Blagojevich
* Blagojevich’s promise crashes down: Governor who swept into office promising change indicted on corruption charges
* Gov’s tapes even better than Nixon’s recordings
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This just in… Zell “contacted by the FBI”
Wednesday, Dec 10, 2008 - Posted by Rich Miller
* 3:43 PM - From the Tribune…
Tribune Co. chief executive Sam Zell — who is indirectly referred to in the government’s criminal complaint against Gov. Rod Blagojevich– said on CNBC that he has been contacted by the FBI but wouldn’t give details, the Washington Post reports on its Web site.
A lengthy FBI document released Tuesday alleges Blagojevich wanted to help Tribune Co. with its sale of the Chiocago Cubs in return for the firing of Tribune editorial writer John McCormick.
On CNBC, Zell said that as far as he knew, no pressure was ever applied to John McCormick.
The question becomes, was that FBI contact before or after Tuesday morning?
I’m working on a couple of Tribune-related posts, but ran out of time. We’ll deal with that topic a lot more tomorrow.
* 3:47 PM - The CNBC interview is here.
* 3:53 PM - When asked about reports that the governor and his chief of staff sought to force firings at the Tribune, Zell said he wasn’t “personally familiar with any of that.”
Zell then said, when asked, that he had been contacted by the FBI.
“I think they’re asking questions as far as my knowledge is concerned,” Zell said.
Was there pressure to change coverage of the governor at the Tribune?
“I certainly can’t speak to that.”
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*** 4:08 PM *** Somewhat exculpatory report, from CNN…
The law enforcement official said there was no evidence — other than the governor’s taped remarks — that Jackson or others on his behalf ever approached the governor in an improper way. The official also emphasized that no conversations with Jackson were ever picked up on bugs or wiretaps, and there is no evidence that he was aware of anything improper […]
[Jackson’s attorney] said he has spoken with federal prosecutors and confirmed Jackson is not a target of the investigation.
*** 4:05 PM *** Interesting…
James D. Montgomery Sr., Jackson’s attorney, said that Jackson learned he was mentioned in the complaint on the night before governor’s arrest, and that the House member never had a “pay to play” conversation with Blagojevich.
*** 3:30 PM *** And, we’re done. Not much “there” there except forceful denials. We’ll see what happens next.
*** 3:27 PM *** On advice of counsel, Jackson said, he will not be taking any questions. And now he’s starting to weep again.
*** 3:25 PM *** The congressman said, twice, that he met with the governor “for the first time in four years” on Monday. He said nothing toward was offered nor discussed.
*** 3:24 PM *** “I reject and denounce pay to play politics. I did not initiate nor authorize anyone at any time to promise anything to Rod Blagojevich on my behalf.”
Jackson said he didn’t send an emissary to cut a deal with the governor.
“I thought, mistakenly, that the process was fair, above board and on the merits.”
*** 3:22 PM *** Jackson calls on the governor to resign.
*** 3:21 PM *** It’s beginning.
*** 2:56 PM *** The feed went hot for a brief minute as reporters interviewed Jackson in a hallway. No news out of it. I’d click the link if I were you.
*** UPDATE: Watch live video of “Jackson 5’s” press conference at 3:15 pm by clicking here. ***
* 2:15 PM - He’s already back in DC, eh? Must not want to face Chicago reporters [Thanks to readers for pointing out that Congress is voting this week]…
Rep. Jesse Jackson Jr., D-Ill., will hold a news conference at 4:15 p.m. ET in Washington to respond to allegations that he is one of the Senate hopefuls listed in a federal criminal complaint that accuses Illinois Gov. Rod Blagojevich of trying to sell the seat vacated by President-elect Barack Obama.
ABC News and MSNBC are quoting anonymous sources who say Jackson is the person identified as “Candidate 5″ in court filings.
“It is impossible for someone on my behalf to have a conversation that would suggest any type of quid pro quo or any payments or offers,” Jackson tells ABC News. “An impossibility to an absolute certainty.”
Check back to this post for further updates.
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* 1:50 PM - There’s been a whole lot of speculation that Greenlee is “Deputy Governor A” in the federal criminal complaint against Rod Blagojevich and John Harris.
Well, Greenlee just resigned…
A spokeswoman for Illinois Gov. Rod Blagojevich says one of his top aides has resigned.
Spokeswoman Kelley Quinn on Wednesday said Deputy Gov. Bob Greenlee resigned. The reason for his resignation wasn’t immediately clear.
Greenlee’s resignation comes a day after Blagojevich was arrested on federal corruption charges.
Greenlee was promoted to be a top aide to Blagojevich in June, replacing former Deputy Governor Sheila Nix. Greenlee had been a top administration aide previously.
Thanks once again to a commenter.
* 2:01 PM - The Illinois Senate is convening Monday at 5 o’clock and then against Tuesday morning at 10. They can’t convene much earlier than that on Monday because the electoral college is meeting that morning. Fun.
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* Part of my Sun-Times column today discusses a bill that will be taken up by the General Assembly next week to strip Gov. Blagojevich of his power to appoint the next US Senator and instead create a special election…
Democratic U.S. Sen. Dick Durbin supports this idea. But the Democratic campaign consultants I’ve talked to are worried to death that a Republican such as moderate U.S. Rep. Mark Kirk could win a special election because Blagojevich’s arrest and subsequent prosecution could easily ruin a Democratic candidate.
* RollCall reported late this morning that Rep. Kirk is interested in the race…
Rep. Mark Kirk (R-Ill.) said Wednesday he is considering running for Senate if there is a special election to fill President-elect Barack Obama’s seat.
* Obama says he’s for the special election…
[Obama spokesman Robert Gibbs] said Obama believes the Illinois legislature should consider a special election to fill the seat.
Gibbs says the hope is to put a process in place to select a new senator who’ll have the trust and confidence of the people of Illinois.
* Hotline On Call provides a cost guesstimate…
A special election to fill Pres.-elect Barack Obama’s Senate seat could cost the state of Illinois between $45 million and $50 million, a state Board of Elections official told On Call this afternooon.
Ken Menzel, an elections specialist with the board, called the figure a “gross guestimate” based on the cost per precinct of running a special election earlier this year to fill the 14th District seat vacated by retiring Rep. J. Dennis Hastert.
“We don’t do specials for statewide offices,” Menzel said. “This is one of the reasons we appoint to them. It’s expensive to do these things.”
Menzel said the counties will largely be tasked with covering the costs.
“If it isn’t there, I don’t know where it would come from,” he said.
After consulting with State Board of Elections Executive Dir. Dan White, Menzel said he based his Senate contest estimate on the cost per precinct — $10,000 — to conduct the race to replace Hastert. He said that at approximately half that rate per precinct, with 11,600 precincts statewide, it could run as much as $50 million to hold a special Senate election.
* Back to my column…
The first problem which springs to mind is that Blagojevich, who was arrested Tuesday for allegedly trying to auction Obama’s vacant seat to the highest bidder, would have to sign the [special election] bill into law.
Our jailbird governor could sit on the bill for 60 days before he does anything. And he might just veto it, which would only prolong the process.
* Plus, if he waits to veto the bill after the General Assembly adjourns sine die on January 14th, the bill dies.
And then there’s this…
Dawn Clark Netsch, a former state comptroller and an author of the state’s 1970 Constitution, said someone might challenge whether a new law would apply to a vacancy already pending. […]
Even if it becomes law, the matter could end up in the Illinois Supreme Court, which would prolong the drama.
Better to just impeach him now.
* By the way, there is little to no danger that Blagojevich could go ahead and make an appointment anyway. Well, he might, but it wouldn’t stick…
Secretary of State Jesse White could refuse to certify the choice.
The U.S. Senate could refuse to seat Blagojevich’s appointee.
* More on that topic…
The office of Sen. Harry Reid, the Senate majority leader, is circulating a letter Wednesday to the Senate Democratic Caucus for signatures that recommends indicted Gov. Rod Blagojevich resign and under no circumstances make an appointment to fill Illinois’ vacant Senate seat.
The letter contains a threat to the governor, saying that the Senate is poised to use its power to refuse to seat any appointment Blagojevich makes.
* Attorney General Madigan makes a good political point…
“Nobody in their right mind would accept an appointment from this governor,” she said. “It is so tainted at this point…”
* But this baffles me…
Madigan said ne of the wilder speculations is that of the governor thinking of appointing himself.
“If he did that, we would be able to step in legally and say there is an inherent conflict of interest. He can’t appoint himself to this seat,” Madigan said.
Huh?. There’s no law against that, is there? He’d just get rejected by SoS White and the US Senate.
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* My Sun-Times column today demands that the House get off its duff and start working on impeachment…
Enough, already. […]
What Illinois needs most right now is to excise this fatal tumor on our body politic.
Rod Blagojevich has been an astoundingly bad governor. His list of achievements is short and unimpressive. He has alienated almost the entire political establishment in Illinois. He is the most unpopular governor in the United States. And now we learn that he allegedly tried to sell a U.S. Senate seat, “like a sports agent,” according to U.S. Attorney Patrick Fitzgerald.
Illinois has, according to Fitzgerald, been subjected to a “political corruption crime spree.”
It’s time for that crime spree to end.
The Illinois House needs to convene as soon as possible and begin impeachment proceedings. Fitzgerald’s criminal complaint has basically given the General Assembly a 78-page road map.
We’re not talking a lot of hearsay. Much of Fitzgerald’s criminal complaint is composed of the governor’s own words caught on federal surveillance tapes.
All the House has to do is stipulate that Blagojevich’s words caught on tape are facts and then vote on whether that should be an impeachable offense.
For instance, the governor is quoted as saying this about Obama’s people refusing to go along with a quid pro quo for the Senate seat appointment: “They’re not willing to give me anything except appreciation. F - - - them.”
Here’s our governor talking about using the Senate appointment for financial gain: “[T]he immediate challenge [is] how do we take some of the financial pressure off of our family.”
The governor sure has a way with words: “I’ve got this thing and it’s f - - - - - - golden and, uh, uh, I’m just not giving it up for f - - - - - -nothing. I’m not gonna do it.”
Blagojevich also was caught talking about using $8 million in state pediatric funding to extract a $50,000 campaign contribution from Children’s Memorial Hospital: “I’m going to do $8 million for them. I want to get [Hospital Executive 1] for 50.”
There’s more, but you’ve probably already read most of the quotes yourself.
The Illinois Constitution’s guidelines for impeachment are pretty bare-bones. Impeachment requires just a majority vote in the House. There’s no “high crimes and misdemeanors” language as in the U.S. Constitution.
After the House votes to impeach, a two-thirds vote in the Senate is all that’s needed to remove Blagojevich from office.
And then he’d be gone. Forever.
Blagojevich’s attorney said Tuesday that his client did nothing wrong and has no intention of resigning. He’s expected to be back in his office today.
Knowing him as I do, I am absolutely sure that Gov. Blagojevich thinks he’s in the clear. So nothing will stop this man except impeachment. This necessity can no longer be delayed.
Get it over with.
* As I noted to subscribers this morning, Speaker Madigan’s office distributed an impeachment memo several months ago which argued that there was enough evidence to impeach him back then.
If Blagojevich could’ve been impeached then, he most certainly can be impeached now.
* The House Democrats are being way too timid on this topic…
But Madigan spokesman Steve Brown cautioned there are several complications to proceeding with impeachment, including timing.
A new legislature will be sworn in Jan. 14, and if impeachment proceedings start before then, there’s a question of whether they could continue with new lawmakers or have to start over.
Rep. Gary Hannig, D-Litchfield, said the timing issue is why legislators might wait a few weeks to push impeachment. Hannig agreed that Blagojevich should resign first.
Just start holding the committee hearings now. Forget the holiday break. Get this over with.
* As I told you yesterday, this is what House Speaker Madigan had to say…
On the question of impeachment, I am prepared to discuss the suggestions of the House Republican Leader.
The House Republicans have taken the initiative and filed a resolutionwhich creates “a Special Investigative Committee to investigate the conduct of Governor Rod R. Blagojevich and make a recommendation as to whether cause exists for impeachment.”
Why let the minority party get ahead of the curve? Blagojevich is a Democratic governor. Madigan was his campaign co-chairman in 2006 and is the state party chairman. He’s also the Speaker of a House with 70 Democratic votes. This is his responsibility.
* Democratic Rep. John Fritchey is trying to take the lead…
A leading member of the Illinois General Assembly says he’ll begin immediate impeachment proceedings against Rod Blagojevich if the governor doesn’t quit first. […]
Mr. Fritchey said he already has phoned House Speaker Michael Madigan about moving an impeachment bill.
Trouble is, Madigan hasn’t returned Fritchey’s call, which Fritchey said he made yesterday morning. What the heck?
* This is a good summary of how it can be done quickly…
Under legislative rules and the Illinois Constitution, the House can convene in a committee of the whole and move to a fairly fast vote, or first hold a separate committee hearing, Mr. Fritchey said. If a majority of the House votes to impeach, the matter then moves to the Senate, which could remove the governor if a supermajority of at least 37 of the 59 senators so vote.
* History…
Only one other state official has been removed by the process in the history of Illinois, Mr. Fritchey said, a judge in 1832.
* IL Constitutional provisions…
SECTION 5. SESSIONS
(b) The Governor may convene the General Assembly or the Senate alone in special session by a proclamation stating the purpose of the session; and only business encompassed by such purpose, together with any impeachments or confirmation of appointments shall be transacted. Special sessions of the General Assembly may also be convened by joint proclamation
of the presiding officers of both houses, issued as provided by law. […]
SECTION 14. IMPEACHMENT
The House of Representatives has the sole power to conduct legislative investigations to determine the existence of cause for impeachment and, by the vote of a majority of the members elected, to impeach Executive and Judicial
officers. Impeachments shall be tried by the Senate. When sitting for that purpose, Senators shall be upon oath, or affirmation, to do justice according to law. If the Governor is tried, the Chief Justice of the Supreme Court shall preside. No person shall be convicted without the concurrence of two-thirds of the Senators elected. Judgment shall not extend beyond removal from office and disqualification to hold any public office of this State. An impeached officer,
whether convicted or acquitted, shall be liable to prosecution, trial, judgment and punishment according to law.
* Related…
* Governor’s arrest brings hope to Pontiac, but prison ‘fight is not over’
* Park supporters warm up to idea of new governor
* Some Illinois lawmakers call for Blagojevich to resign
* Message To Blago: Resign Or Face Impeachment
* Blagojevich should resign immediately as governor
* It’s time to scuttle Blago’s pirate ship of state
* Governor should resign immediately
* SJ-R Opinion: Blagojevich must resign now
* Governor Blagojevich, resign
* Blagojevich editorial cartoons
* Our bleeping governor must quit now
* He let us down: Blagojevich should resign
* Netsch: Blagojevich ‘Should Think About Going Elsewhere’
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*** UPDATE *** Man, things are moving quickly today. With a hat-tip to a commenter, here’s the latest on this particular topic…
President-elect Barack Obama is calling for the Illinois governor to resign.
Obama spokesman Robert Gibbs says the president-elect agrees with other prominent politicians in Illinois and elsewhere that “under the current circumstances, it is difficult for the governor to effectively do his job and serve the people of Illinois.”
He should’ve said that yesterday.
[ *** End of Update *** ]
* Gov. Blagojevich was caught on tape talking about appointing someone favorable to Barack Obama to the vacant US Senate seat…
“they’re not willing to give me anything except appreciation.”
That pretty much sums up the situation here. Obama has little to answer for.
* There are some problems, however…
“I have not discussed the Senate seat with the governor at any time,” [Obama] said. “My strong belief is that it needed to be filled by somebody who is going to represent the people of Illinois and fight for them. And beyond that, I was focused on the transition.”
* That’s not what Obama’s chief strategist David Axelrod said several days ago…
“I know he’s talked to the governor and there are a whole range of names many of which have surfaced, and I think he has a fondness for a lot of them.”
* Axelrod was forced to backtrack yesterday…
“I was mistaken when I told an interviewer last month that the President-elect has spoken directly to Governor Blagojevich about the Senate vacancy. They did not then or at any time discuss the subject.”
First he said he knows, then he says he was mistaken. Not good.
* However, Patrick Fitzgerald seemed to back up the president-elect…
“We make no allegations that he [Obama] was aware of anything.”
* Another problem is Obama’s weak statement yesterday…
“It is a sad day for Illinois. Beyond that, I don’t think it’s appropriate to comment.”
The whole state is freaking out and this is all he says?
* Republicans were quick to pounce…
“President-elect Barack Obama’s comments on the matter are insufficient at best,” said Robert Duncan, chairman of the Republican National Committee. “Given the president-elect’s history of supporting and advising Gov. Blagojevich, he has a responsibility to speak out and fully address the issue.”
“The serious nature of the crimes listed by federal prosecutors raises questions about the interaction with Gov. Blagojevich, president-elect Obama and other high-ranking officials who will be working for the future president,” said Representative Eric Cantor of Virginia, the new GOP House whip.
* Jake Tapper takes a look back…
On the Chicago TV show "Public Affairs with Jeff Berkowitz" on June 27, 2002, state Sen. Obama said, "Right now, my main focus is to make sure that we elect Rod Blagojevich as Governor, we…"
"You working hard for Rod?" interrupted Berkowitz.
"You betcha," said Obama.
"Hot Rod?" asked the host.
"That’s exactly right," Obama said.
In 2004, then-Gov. Blagojevich enthusiastically endorsed Obama for the Senate seat after he won the nomination, and Obama endorsed Blagojevich for his 2006 re-election race in early 2005.
In the Summer of 2006, then-U.S. Sen. Obama backed Blagojevich even though there were serious questions at the time about Blago’s hiring practices.
Axelrod worked for Blagojevich during his first run for Congress, but has since not been close to the man.
* There is this tiny item as well, posted by somebody in comments…
This is flying around the internet in many forums. I want to know if there is truth this…
“Michelle Obama Is The “Specifically Named Individual” On Page 64 of The Affidavit Submitted by FBI”
Whatever. Here’s the quote from the complaint…
ROD BLAGOJEVICH stated that he needs to find a way to take the
“financial stress” off of his family and that his wife is as qualified or more qualified than another specifically named individual to sit on corporate boards.
Big whoop.
* This is a stretch, but I wouldn’t put it past the national media to pursue the angle…
One prominent Chicago Democrat close to many of those named in the indictment suggested the risk for Obama is “Whitewater-type exposure.” That was a reference to an Arkansas real estate deal that produced a series lengthy and highly intrusive investigations in the 1990s that never proved illegality by the Clintons.
What this Democrat meant with his analogy—which on the facts so far seems a bit premature—was that Obama could suffer by being in the proximity of a back-scratching and deal-making culture, even if he was mostly a bystander. “What will splatter on to Obama is he is to some degree a product of this culture, and he has never entirely stood against it,” said the Democrat, who wanted anonymity for fear of antagonizing the president-elect.
* Actually, the AP’s national desk has already picked up on the meme…
President-elect Barack Obama hasn’t even stepped into office and already a scandal is threatening to dog him. Obama isn’t accused of anything.
But the fact that Illinois Gov. Rod Blagojevich, a fellow Democrat, has been charged with trying to sell Obama’s now-vacant Senate post gives political opponents an opening to try to link him to the scandal.
A slew of questions remain. The investigation is still under way. And the ultimate impact on Obama is far from certain
* Clarence Page gets the last word…
But from Chicago’s point of view, Obama and Blagojevich occupy two opposing worlds of Democratic politics that work together out of convenience. Obama launched his political career among the Hyde Park and lakefront liberals. Blago came straight out of what’s left of the old Bungalow Belt machine.
It is not uncommon to build a winning coalition in Illinois politics by making friends or, at least, neutralizing rivals.
Blagojevich’s troubles will test how well Obama kept his own hands clean on his way up, even as Blago was slipping down.
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* 10:50 AM - No wonder J3 kept such a low profile yesterday. He was busy talking to the G…
Chicago Congressman Jesse Jackson, Jr. (D-IL) is the anonymous “Senate Candidate #5″ whose emissaries Illinois Governor Rod Blagojevich reportedly claimed offered up to a million dollars to name him to the U.S. Senate, federal law enforcement sources tell ABC News.
According to the FBI affidavit in the case, Blagojevich “stated he might be able to cut a deal with Senate Candidate 5 that provided ROD BLAGOJEVICH” with something “tangible up front.”
Jackson Jr. said this morning he was contacted yesterday by federal prosecutors in Chicago who he said “asked me to come in and share with them my insights and thoughts about the selection process.”
Jackson Jr. said “I don’t know” when asked if he was Candidate #5, but said he was told “I am not a target of this investigation.”
Jackson Jr. said he agreed to talk with federal investigators “as quickly as possible” after he consults with a lawyer.
Not good.
*** 1:20 PM *** J3 may have a Friday date with the G…
Jackson hired longtime Chicago lawyer James Montgomery Sr. on Tuesday after federal prosecutors unveiled criminal charges against Blagojevich and top aide John Harris, sources said.
“There is nothing there to implicate the congressman,” Montgomery told the Tribune. The attorney said he and Jackson have been advised by a top deputy to U.S. Atty. Patrick Fitzgerald that Jackson is not a target of the investigation.
Montgomery said he expected Jackson would meet with officials from Fitzgerald’s office as soon as Friday.
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What is Rule 382?
Wednesday, Dec 10, 2008 - Posted by Rich Miller
* We’ve been hearing about this little-known rule which could be used to oust Gov. Blagojevich…
If Blagojevich does not resign or is not impeached, Attorney General Lisa Madigan says she’s prepared to move ahead under state Supreme Court Rule 382 — which allows someone to file a request for the Supreme Court to conduct a hearing to determine if the governor has the ability to serve or resume office.
* Here’s the rule…
Rule 382. Original Actions in the Supreme Court Pursuant to Article IV, Section 3, and Article V, Section 6(d), of the Constitution
(a) Institution of proceedings. Proceedings in the Supreme Court when the court has original and exclusive jurisdiction under article IV, section 3, and article V, section 6(d), of the Constitution, which relate to redistricting of the General Assembly and to the ability of the Governor to serve or resume office, shall be instituted by filing a motion for leave to file a complaint, which motion shall be accompanied by the complaint and a brief in support of the motion. The complaint may be supported by affidavits or other pertinent documents.
* This is the relevant passage from the Illinois Constitution…
The General Assembly by law shall specify by whom and by what procedures the ability of the Governor to serve or to resume office may be questioned and determined. The Supreme Court shall have original and exclusive jurisdiction to review such a law and any such determination and, in the absence of such a law, shall make the determination under such rules as it may adopt.
* Procedures…
…The court may dispose of the case on the papers filed or may order further briefing or may order oral argument on the motion for leave to file or on the complaint or on the pleadings or on the pleadings supplemented by pertinent documentary evidence, or may call for additional evidence and for briefs and argument after such evidence has been received. If the court determines that disputed issues of material fact must be resolved on the basis of oral testimony, it may appoint a judge or retired judge of any Illinois court to take testimony and to report his findings of fact and recommendations to the Supreme Court.
* From “Committee comments” of July 1, 1971…
The defendant need take no action until the Supreme Court indicates what is appropriate. If the court deems the complaint obviously insufficient on its face, it may dispose of the case without calling the defendant to do anything. It may request the defendant to file either an answer to the complaint or a brief, in part depending on whether factual issues are presented. Because of the constitutional prohibition against “fee officers in the judicial system” (art. VI, §14), the evidence must be taken by an active or retired judge, who will be already receiving a State salary, rather than by a master.
* So, is the governor fit for office? Mark Brown is not alone with this assessment…
Rod Blagojevich’s defense lawyers might want to consider an insanity defense.
The federal government’s secret tape recordings of the governor’s scheming during the past two months confirm what a lot of people have been saying about him for a long time now.
He’s utterly mad. Completely and totally off his rocker.
And here’s where it might actually work as a legal defense: He’s incapable of distinguishing between right and wrong.
* Jim Edgar seems to agree…
“It just amazes me that he would continue to try to do these things. You just wonder, I mean, you heard some talking about the arrogance, or if there’s just something wrong with him.”
* More background…
The state Constitution doesn’t explicitly indicate an officeholder can be ousted by the court or by impeachment if that person faces criminal charges. Instead, the Constitution uses terms such as “failure to qualify” or “disability” in laying out causes to impeach someone.
In other words, the Court could decide if he fails to qualify to hold office or is disabled.
But, to me, that’s the chicken way out. The General Assembly ought to do its job. More on that in a bit.
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Decoding the criminal complaint
Wednesday, Dec 10, 2008 - Posted by Rich Miller
* The Sun-Times identifies a couple of players not named in the federal criminial complaint against Gov. Rod Blagojevich…
Gov. Blagojevich was on a mad dash for $2.5 million in campaign cash in advance of a new state law that will stop him from taking political donations from state contractors as of Jan. 1, federal prosecutors alleged Tuesday.
And the governor allegedly was asking two of his closest advisers — lobbyists John Wyma and Alonzo Monk — for help, according to court documents and sources.
Wyma and Monk are not identified by name in the FBI affidavit accompanying Blagojevich’s criminal complaint. But sources said Wyma is “Individual A” and Monk “Lobbyist 1.”
Monk, Blagojevich’s former chief of staff, is a lobbyist for a horse-racing group controlled by the Johnston family, which owns the Balmoral and Maywood park horse tracks. Monk last month allegedly was seeking a $100,000 contribution for Blagojevich in exchange for signing legislation to give the horse-racing industry a share of revenues from Illinois casinos.
Monk “assured Rod Blagojevich” that somebody associated with the Racing Associations of Illinois “would be good for the donation because [Monk] ‘got in his face,’ ” according to the affidavit.
Children’s Memorial Hospital and a highway contractor also were targets.
On Oct. 8, Blagojevich allegedly told Wyma that he wanted a $50,000 contribution from Patrick M. Magoon, chief executive officer of Children’s Memorial Hospital, which had recently received a commitment of $8 million in state funds. When the contribution was not forthcoming, Blagojevich discussed rescinding the funding.
* Sneed files this report…
Sneed is told the feds also visited the home of attorney Bill Quinlan Jr., Gov. Blagojevich’s chief counsel, while the FBI was arresting Blago and his chief of staff, John Harris.
Questions were asked.
Cooperation was requested.
No arrest was made.
You do the math.
• • The buckshot: Sneed hears Gov. Blago will have a hard time claiming executive privilege. Quinlan’s salary is paid for by the State of Illinois.
* Fran Spielman looks at Chief of Staff John Harris’ role…
What happened is that a desperately ambitious Harris filled a power vacuum in state government caused by the federal investigations swirling around Blagojevich.
“The governor isn’t around. He’s never at the Thompson Center. … Everything goes through John Harris. He’s been filling the void. John Harris thinks he’s the governor,” one longtime observer said.
Complete arrogance.
* Ben Smith at the Politico outs ‘Advisor A’…
A source familiar the situation tells me that “Advisor A” in the Blagojevich complaint– who is present in some of the key conversations — is former Deputy Governor Doug Scofield.
Scofield left the Blagojevich Administration in 2003, but has remained a key campaign advisor and spokesman, with strong labor ties, while running his own consulting firm.
Scofield isn’t named in the complaint, and he appears there mostly listening to Blagojevich, placing items in the Sun-Times, and offering political advice about the merits of relative candidates.
* And claims the SEIU official mentioned in the complaint is SEIU President Andy Stern…
There’s no allegation that the SEIU official did anything wrong, and what appears to be a wiretap transcript has the official reacting non-commitally to Blagojevich’s offer of a quid pro quo. Another Democratic source tells me that Stern was been in Chicago November 3 meeting with Blagojevich, a discussion thought to have included talk about the Senate seat — though that meeting isn’t mentioned in the complaint.
* Illinois Review gets this wrong, according to my sources…
From the affidavit:
Only ROD BLAGOJEVICH’s portion of the phone call can be heard. The call started with ROD BLAGOJEVICH saying hello to “Mr. [Highway Contractor 1]” and noting that ROD BLAGOJEVICH was “excited” about the “Tollway” (believed to be a reference to ROD BLAGOJEVICH’s recent announcement of $1.8 billion in Illinois Tollway funding that will benefit Highway Contractor 1 and the trade association with which he is affiliated). ROD BLAGOJEVICH talked about speaking with “[Individual C],” (Individual C is a former member of the U.S. House of Representatives who is believed to be attempting to assist ROD BLAGOJEVICH in passing a capital bill worth billions of dollars that would benefit Highway Contractor 1 and the trade association with which he is affiliated) and began, in the context of asking Highway Contractor 1 to do fund raising, to discuss fund raising rule changes that will take effect on January 1, 2009. The conversation ended with ROD BLAGOJEVICH stating to Highway Contractor 1: “Call me if you need anything.”
Individual C isn’t mentioned as doing anything wrong, but Blago mentions speaking with him to let HC1 he was in contact. Only two former U.S.Congressmen were helping to promote the Governor’s capital program — Democrat Glenn Poshard or Republican Denny Hastert. Got any ideas who these guys are?
I’m told that Bill Lipinski is likely Individual C.
* J3 evades the questions…
Is U.S. Rep. Jesse Jackson Jr. Senate Candidate 5?
Federal prosecutors say someone approached Gov. Rod Blagojevich on Candidate 5’s behalf and offered to trade campaign contributions for an appointment to the Senate. […]
Jackson (D-2nd), in a pair of written statements addressing what he described as “rumors” that he is referenced in the government’s complaint, declined to address the question but protested his innocence and said he would cooperate “fully and completely” with federal investigators as they continue to examine the governor’s alleged efforts to auction off the state’s vacant Senate seat to the highest bidder.
“Since the federal investigation of the governor is ongoing, it would be inappropriate for me to comment,” Jackson said. “However, I reject and denounce pay-to-play politics and have no involvement whatsoever in any wrongdoing.”
* Schakowsky fully denies…
U.S. Rep. Jan Schakowsky said Tuesday she’s not the woman referenced by U.S. Attorney Patrick Fitzgerald as taking herself out of the running to replace President-elect Barack Obama in the U.S. Senate.
That’s true.
* Somewhat related…
* Timeline of the federal investigation into Gov. Rod Blagojevich:
* Breaking down the charges: 2 counts, 76 pages
* Key Southland project noted in gov’s corruption bust
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Our day together
Wednesday, Dec 10, 2008 - Posted by Rich Miller
* We’re going to take this Blagojevich arrest topic in steps. Each area will have its own post. Use this comment section to ask specific questions and I’ll try to answer them in subsequent posts. Thanks.
And try to avoid snark. Kinda busy today and really not in the mood. Keep your questions legit.
Also, sorry about the site performance yesterday. We were absolutely slammed with visitors and struggled all day to keep the blog accessible - to varying degrees of success.
One more thing. Y’all had ample opportunity to get your drive-by “I hate Rod” comments out of your system yesterday. Let’s try to keep a bit of decorum today as we discuss this very grave matter. If I have time, I’ll be deleting those comments. Don’t waste your time or mine.
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Morning Shorts
Wednesday, Dec 10, 2008 - Posted by Kevin Fanning
* Illinois civil-union bill appears to be stalled
A proposal to allow civil unions in Illinois between same-sex couples has been stalled in the state legislature and seems likely to stay that way, as gay rights activists Wednesday plan nationwide “Day Without a Gay” rallies to protest California’s Proposition 8 and other measures opposing gay marriage.
* Republic Windows & Doors plant sit-in still a stalemate
Early Tuesday, Bank of America sent a letter to Republic offering to provide limited loans so the company could pay employee claims. Though that sparked hope of a resolution, Bank of America spokeswoman Diane Wagner said agreement on the terms of those payments was still to be reached between management and union representatives.
“We’ll worry about ourselves later; right now we want to do what’s right for those employees,” Wagner said.
She also responded to a timeline released by Republic Monday, which stated that the company had proposed plans in October for an “orderly wind down” of the factory that the bank rejected. The bank had been concerned about Republic’s finances since February and had discussions with owners about closing the plant as early as July.
“Republic had plenty of time to give their employees 60 days’ notice under the WARN act,” Wagner said. “But instead they kept employees in the dark about the company’s dire financial circumstances.”
* 2 suburbs in top 10 for unemployment
* Shopping mall operator cuts jobs
Debt-heavy shopping mall operator General Growth Properties Inc. cut more than 100 jobs this week.
The publicly-traded Chicago-based Real Estate Investment Trust, which owns and manages more than 200 regional shopping malls in 44 states, cut about three percent of its 4,000-person workforce, a spokesman said Tuesday.
* Lawmakers question federal report on CN rail bypass plan
An analysis of the Canadian National Railway’s plan to use a suburban rail line as a freight bypass around Chicago does not sufficiently address economic and safety issues, Sen. Dick Durbin and several members of Congress said Tuesday.
The environmental impact review conducted for the federal Surface Transportation Board falls short in its recommendations to ease traffic, noise and safety concerns in suburbs along the Elgin, Joliet & Eastern Railway, the lawmakers said.
“A cursory reading of [the report] shows that the staff did not take into consideration the serious questions of safety and economic impact that this acquisition would have,” Durbin (D-Ill.) said.
CN seeks federal approval for its $300 million purchase of the EJ&E. The Montreal-based railroad wants to run freight trains on the line to avoid rail congestion in Chicago.
* Chicago’s police recruits take the same oath, accept new challenges
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