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*** UPDATED x1 *** Madigan reports huge haul

Tuesday, Jul 28, 2020 - Posted by Rich Miller

* This is what you call making a statement in the face of adversity…


That’s the largest single A-1 filed by any candidate committee other than Gov. Pritzker in at least the last four months.

The above-mentioned PAC is controlled by both Local 150 of the Operating Engineers and the road construction industry.

*** UPDATE *** Add another $362,500 this morning from LiUNA Chicago Laborers District Council.

  23 Comments      


Question of the day

Tuesday, Jul 28, 2020 - Posted by Rich Miller

* PJStar

The outbreak of COVID-19 cases reported by Bradley University last week, which now totals 12 affected students, is likely attributed to an off-campus “social gathering,” the school’s president said in an email on Monday.

The school did contact tracing from an initial positive test, and officials there believe the spread occurred “as a result of a small off-campus social gathering where the use of masks and physical distancing did not occur,” President Stephen Standifird stated in the communique.

“This event highlights the importance of remaining vigilant about engaging in behaviors proven to slow the spread of the virus,” he added. “Face masks, physical distancing and frequent hand washing matter. This case also highlights the importance of an aggressive testing and contact tracing routine.”

Initially the school reported eight students positive on Thursday, then amended that to 10 on Friday before reporting 12 on Monday. Some of the students were involved in the school’s orientation program assisting incoming students, but on Friday Bradley stated that the spread is not believed to be connected to the orientation sessions conducted for incoming students.

* The Question: How confident are you that universities can open and then remain open throughout the fall semester? Make sure to explain your answer. Thanks.

  88 Comments      


No more excuses. It’s time for IDPH to get its act together on contact tracing

Tuesday, Jul 28, 2020 - Posted by Rich Miller

* Gov. Pritzker announced the hiring of someone to run the state’s contact tracing program on May 1, almost two full months ago. Dr. Wayne Duffus promised a “soft rollout” by the end of May. But Kelsey Landis with the Belleville News-Democrat reports that finding information about the state’s contact tracing efforts is nearly impossible and people who want contracts are still waiting to hear from the state

Health experts say contact tracing is essential to slowing the virus’ spread and to ascertaining when it’s safe to reopen portions of the economy or shut them down.

Yet few details on Illinois’ efforts are readily available to the public. The Illinois Department of Public Health did not respond to a request for information about contact tracing metrics. […]

After learning about the need, community colleges and universities statewide started to train hundreds of people who hoped to become tracers. Experts such as Silva leveraged their resources to make ready. But she said her group, the Contact Tracing Corps, is still waiting to hear from the state after submitting an interest form more than a month ago. […]

Massachusetts also includes a status for contact tracing on its daily update, telling residents whether their efforts are increasing, holding steady or decreasing.

Kellie Steele, a medical student helping with Loyola’s contact tracing collaborative, hopes the state will follow the lead of states like Massachusetts in its transparency about contact tracing. But Illinois isn’t the only state failing to provide that information, she added.

Go read the whole thing. And try this link if the other doesn’t work for you.

* Meanwhile

Illinois Gov. JB Pritzker’s administration is replacing two top Illinois Department of Public Health officials in charge of the state’s efforts to stop the spread of COVID-19 through nursing homes, WBEZ has learned.

Nursing home residents account for more than half of deaths in Illinois tied to the coronavirus, according to state data. The personnel moves come as the state’s daily COVID case numbers begin to shoot up again as the state opens up.

Debra Bryars, the IDPH deputy director who headed the Office of Health Care Regulation, left last Monday and has been replaced by Daniel Levad, a long-time IDPH staff member, department spokeswoman Melaney Arnold confirmed.

Levad, named the office’s acting deputy director, until recently was chief of an IDPH section focused on intermediate care facilities for individuals with intellectual disabilities.

The administration is totally mum on this topic, as well.

  25 Comments      


Despite ComEd’s deferred prosecution agreement, attorney says company would plead “not guilty” if need be

Tuesday, Jul 28, 2020 - Posted by Rich Miller

* Tribune

ComEd made its first court appearance Tuesday since being hit with bombshell federal bribery charges involving House Speaker Michael Madigan’s political operation — and if all goes as planned, it may be one of the company’s last.

In a brief hearing at the Dirksen U.S. Courthouse, prosecutors and lawyers for ComEd agreed that after a formal arraignment next week, the company would not have to return to court until 2023, when a three-year deferred prosecution agreement with the government is set to expire. […]

Assistant U.S. Attorney Amarjeet Bhachu told the judge that due to the deferred prosecution agreement, ComEd does not have to enter a plea at its Aug. 5 arraignment. Reid Schar, lead attorney for ComEd, said if the company did enter a plea, it would be not guilty.

“There may be no need to come back short of the government ultimately dismissing the (charges) at the end of the three years,” said Schar, who as an assistant U.S. attorney a decade ago led the prosecution of Illinois’ previous “Public Official A,” former-Gov. Rod Blagojevich.

Interesting. I hadn’t really considered that plea angle. Thoughts?

…Adding… As a commenter suggests, this sort of thing may be the reason the company agreed to the deal

A class action lawsuit filed Monday against ComEd alleges the utility company overcharged customers by $150 million through rate increases it got as a result of a bribery scheme.

Ten days ago, ComEd admitted it took part in a bribery scheme linked to Illinois elected officials and agreed to pay a $200 million settlement.

ComEd “unjustly enriched itself by overcharging its 4 million customers in Illinois for years,” the law firm, Romanucci & Blandin, said in a statement.

  18 Comments      


*** UPDATED x3 *** 1,076 new cases, 30 additional deaths, 3.8 percent positivity rate

Tuesday, Jul 28, 2020 - Posted by Rich Miller

* Lowest number of new cases in a week…

The Illinois Department of Public Health (IDPH) today announced 1,076 new confirmed cases of coronavirus disease (COVID-19) in Illinois, including 30 additional confirmed deaths.

    - Champaign County – 1 male 70s
    - Coles County: 1 female 30s, 1 female 40s, 1 female 80s
    - Cook County: 1 male 40s, 1 female 50s, 2 male 50s, 2 females 60s, 1 female 70s, 1 female 80s, 3 males 80s, 3 females 90s, 1 male 90s
    - DeKalb County: 1 male 80s
    - Douglas County: 1 female 60s
    - DuPage County: 1 male 80s
    - Iroquois County: 1 female 70s, 1 male 70s
    - Montgomery County: 2 males 80s
    - St. Clair County: 1 male 60s
    - Williamson County: 1 male 70s
    - Winnebago County: 1 female 70s, 1 male 70s

Currently, IDPH is reporting a total of 173,731 cases, including 7,446 deaths, in 102 counties in Illinois. The age of cases ranges from younger than one to older than 100 years. Within the past 24 hours, laboratories have reported 28,331 specimens for a total of 2,570,465. The preliminary seven-day statewide positivity for cases as a percent of total test from July 21 –July 27 is 3.8%. As of last night, 1,383 people in Illinois were reported to be in the hospital with COVID-19. Of those, 329 patients were in the ICU and 128 patients with COVID-19 were on ventilators.

Following guidance from the Centers for Disease Control and Prevention, IDPH is now reporting both confirmed and probable cases and deaths on its website. Reporting probable cases will help show the potential burden of COVID-19 illness and efficacy of population-based non-pharmaceutical interventions. IDPH will update these data once a week.

* Meanwhile, from the CDC…


* On to Jackson County

Health departments across Southern Illinois are seeing an upswing in COVID-19 cases.

The number of new cases was so high in Jackson County, it prompted the health department to issue a public health alert on Sunday.

“We have had a definite upswing in the number of cases,” Bart Hagston, administrator of Jackson County Health Department, said. “The number of cases eclipsed the previous record number three times in the past week, and that’s not the way we want the data to trend.” […]

Hagston said the health alert focused on residents in their teens and 20s because those age groups represent 70% of the new cases in the county during July. Of 212 new cases in the county in July, 148 are from people in their teens and 20s.

* WBBM

Beginning Friday, July 31, anyone traveling to Chicago from Wisconsin, Missouri, North Dakota, and Nebraska will have to self-quarantine for 14 days. The city said it will update the list of affected states every Tuesday - adding or removing states depending on the latest data, and will go in effect the following Friday. […]

There are currently 22 states covered by the travel order, which took effect July 6, including:

    Alabama
    Arkansas
    Arizona
    California
    Florida
    Georgia
    Idaho
    Iowa
    Louisiana
    Kansas
    Mississippi
    Missouri
    Nebraska
    Nevada
    North Carolina
    North Dakota
    Oklahoma
    South Carolina
    Tennessee
    Texas
    Utah
    Wisconsin

The order doesn’t apply to professional sports teams and nobody has yet been fined for violating it.

* Sun-Times live blog headlines

City will issue tickets for quarantine violations, ‘flagrant’ social activities spotted on social media

Andrea Bocelli recovered from COVID but says lockdown made him feel ‘humiliated’

CPS parents — and teachers — bombard district officials with questions about classroom safety

Lightfoot showcases $33 million in relief for renters and property owners

Marlins outbreak sobering, scary for NFL teams on eve of camp

* Tribune live blog headlines

Study finds 6 COVID-19 ‘symptom clusters’ that may inform clinicians about the severity of cases

After heavy COVID-19 toll on Illinois nursing homes, top regulators depart state agency

Bottled Blonde, controversial River North bar, closed permanently by coronavirus, but not violations

Bears nose tackle Eddie Goldman reportedly opts out of the 2020 season over COVID-19 concerns

Chicago-area house flippers ‘surprisingly unaffected’ by COVID-19, but brace for mixed bag in months to come

MLB shortened season could be threatened, but games don’t need to stop right now, says Dr. Anthony Fauci

Trump retweets video, banned by Facebook after going viral, that alleges unproven drug cures COVID-19

Chicago-based McDonald’s facing bumpy recovery, 2nd quarter sales down 30%

CTA giving away Ventra cards, healthy travel kits during food distribution event at South Side grocery store

‘Pandemic pods’ and ‘micro-schools’: How parents are finding ways to help their kids — and themselves — manage schooling at home

*** UPDATE 1 *** Region 4 is the Metro East. Not looking good there at all. Right at the 8 percent edge. And Region 5, which is the rest of southern Illinois, is heading that direction fast…


*** UPDATE 2 *** Oops

Illinois was one of three states added to New York, New Jersey and Connecticut’s joint list of states requiring travelers to quarantine for 14 days upon arrival, New York Gov. Andrew Cuomo said Tuesday.

*** UPDATE 3 *** Jordan Abudayyeh…

The State of Illinois has worked to flatten the curve and bend it downward and our statewide positivity rate remains one of the lowest in the Midwest. But, Illinois is surrounded by states with less restrictions and higher rates of transmission illustrating, once again, the need for a nationwide response. The Governor supports states that are implementing mitigation strategies to keep people healthy and safe and urges Illinois residents who are traveling to follow three Ws: wear a face covering, watch your distance and wash your hands.

…Adding… Expected…


I don’t think he’d been going anyway. His family has, though.

  26 Comments      


Proposed privatized ICE detention facility in Dwight called a “flagrant violation of state law”

Tuesday, Jul 28, 2020 - Posted by Rich Miller

* Yesterday

The Department of Homeland Security is in the very early stages of plans to build an Immigration and Customs Enforcement (ICE) detention center in Dwight, Illinois, about 80 miles southwest of Chicago.

According to a letter obtained by CBS 2, the Department of Homeland Security is preparing an environmental assessment for a proposed contract to build a privately owned and operated ICE detention facility in Livingston County, for detainees facing deportation proceedings.

Dwight Village Manager Jared Anderson confirmed the village has been seeking to be home to the facility, which would be built on a 40-acre farm field on the west side of town, just east of Interstate 55.

Um, I don’t think they can do that. From the synopsis of what is now Public Act 101-0020

Provides that neither the State, nor any unit of local government, any county Sheriff, or any agency, officer, employee, or agent thereof, shall: (1) enter into an agreement of any kind for the detention of individuals in a detention facility owned, managed, or operated, in whole or in part, by a private entity;

Etc.

* Rep. Kelly Cassidy was the House sponsor. Her press release…

In spite of the Illinois General Assembly voting overwhelmingly to affirm the state’s long held policy of prohibition of for profit prisons last year, it would appear that ICE and the Village of Dwight intend to continue the effort to build a for profit ICE Detention Center in Illinois. The state has had a ban on privately run, for-profit prisons for decades, but legislation passed last year clarified that ban should also apply to non-criminal settings such as ICE detention centers. The bill (HB2040) passed both chambers last May with significant bipartisan support and was signed by the Governor on June 21, 2019. A recent news report revealed that ICE has continued to pursue the location in Dwight, submitting a letter requesting an environmental site review on the proposed location.

“I sponsored this bill knowing the realities of for profit prisons and knowing that the mistreatment we’ve seen in these facilities across the country has no place in our state. As we see reports from across the country of detainees contracting COVID-19 at an alarming rate in ICE detention centers, federal agents including ICE acting outside the law to ‘disappear’ protestors, and this administration’s ongoing war against immigrants, this appears to be yet one more example of this administration pursuing their hateful agenda regardless of legal standing,” said Rep. Kelly Cassidy, chief House sponsor of HB2040.

Local governments around the country have found that the promises made by for profit prison developers rarely come to fruition. Once the prison is built and the dangerous working conditions, low pay, and lack of benefits become the reality, it is often too late to go back. Representative Cassidy previously argued against the closure of Dwight Women’s prison, noting the town’s unique wrap around support for the women incarcerated there and has long advocated for more thoughtful economic development for towns impacted by closures of state facilities or other economic disasters. The state must do more to assist towns like Dwight when significant economic losses hit.

“The Village of Dwight should acknowledge the reality that the state has made our policy abundantly clear on the question of whether someone should profit off of putting humans in cages with the passage of HB2040 and abandon this wrongheaded approach to economic development not only is a flagrant violation of state law, but putting their residents at significant risk” said Rep. Kelly Cassidy. The company in question is also responsible for the greatest outbreak in any facility with a 75% infection rate at their facility in Farmville, VA.

…Adding… Sen. Robert Peters…

Illinois has long had a policy of prohibiting for-profit prisons. Last year, the General Assembly overwhelmingly passed HB2040 sponsored by state Rep. Kelly Cassidy and state Sen. Robert Peters to make sure these bans apply to non-criminal settings such as ICE detention centers.

A recent news report revealed that ICE has continued to pursue a location in the Village of Dwight to build a private detention center, recently submitting a letter requesting an environmental site review on the proposed location.

This is happening despite the fact that the Private Detention Facility Moratorium Act signed into law in 2019 stopped the original agreement ICE was trying to enter into with Dwight. The law states: “Neither State, nor any unit of local government…shall enter into an agreement of any kind of the detention of individuals in a detention facility owned, managed, or operated, in whole or in part, by a private entity.”

“Whatever deal ICE is trying to cut is cloaked in the promise of jobs and profits, but is nothing more than a flagrant violation of state law,” said state Sen. Robert Peters, chief Senate Sponsor of HB2040. “In reality, private detention centers historically have dangerous working conditions, low pay, and a lack of benefits — not to mention the inhumane war they wage on detainees under the direction of the Trump administration. This is yet another example of why we can’t trust this administration. Time and time again, they bulldoze our collective safety and health all in the name of pitting communities against each other.”

…Adding… Press release…

On July 28 news reports disclosed that Immigration and Customs Enforcement (ICE) is seeking an environmental assessment for a site for a new privately-operated immigration detention facility in Dwight, Illinois. ICE is making this move in total disregard of a state law enacted last year to bar such facilities. The following is the statement by the Illinois Coalition for Immigrant and Refugee Rights (ICIRR) and the National Immigrant Justice Center (NIJC):

The State of Illinois spoke loudly and clearly last year when the General Assembly passed and Governor Pritzker signed the Private Detention Facility Moratorium Act: Private prison companies are not welcome in our state, and no one should profit from keeping people in detention. Yet ICE, an agency that claims to exist to enforce the law, is defying the will of our state and acting in an unlawful manner by attempting to move forward with the Dwight immigration prison. ICE is attempting to double its detention capacity in the Chicago region with this facility, even as the number of people in ICE custody nationally is falling due to the COVID-19 pandemic. Furthermore, the company proposing the facility, Immigration Centers of America, is botching its handling of a COVID-19 outbreak at its sole facility in Virginia–with 75% of individuals detained there testing positive. Private for-profit immigrant detention centers have failed 100% of the time they have tried to come into Illinois, and this will be no different.

All of this is happening as Department of Homeland Security (DHS) agents are being deployed to American cities without any real need or accountability, as DHS continues to defy the Supreme Court’s ruling preserving the DACA program, and as ICE in Chicago is planning a “citizen’s academy” to train civilians on arrest tactics and firearms use. Our organizations will continue to fight to hold DHS and ICE accountable, to stop the harms they are inflicting and the fear they are creating in our communities, and to make our state welcoming for all.

  21 Comments      


Public Interest Legal Foundation sues Illinois over access to voter registration files

Tuesday, Jul 28, 2020 - Posted by Rich Miller

* Background

The Public Interest Legal Foundation (PILF) is an American conservative legal group based in Indianapolis, Indiana,which is known for suing states and local governments to purge voters from election rolls. The group has made false claims about the extent of voter fraud in the United States. The organization has published the information of eligible voters online, including Social Security numbers, falsely accusing them of being fraudulent voters.

The nonprofit was constituted in 2012 to “assist states and others” to fight “lawlessness” in American elections. They assert that “large numbers of ineligible aliens are registering to vote and casting ballots”, although lists that they have displayed of such supposed voters prove to actually include American natives who are eligible voters. PILF said their lists had been based on state government lists of declared “non-citizens” removed from local voter rolls. Some U.S. citizens were wrongfully purged in the process.

* Press release

The Public Interest Legal Foundation (PILF) filed a lawsuit today against the Illinois State Board of Elections for failing to disclose voter registration records under federal law (Public Interest Legal Foundation v. Sandvoss et. al).

“Federal law requires transparency in election records,” PILF President and General Counsel J. Christian Adams said. “Just because someone isn’t engaging in partisan electioneering should not prevent them from ensuring that Illinois’ voter rolls are in order. Illinois’ records must be made available to the public, not just politicians.”

The complaint, filed July 27, explains the Foundation initially requested access to Illinois’ federally required statewide voter file and voting histories on October 16, 2019. On February 21 and after a failed inspection of records, the Foundation provided notice that litigation would commence if voter registration data was not provided as required under federal law.

The Foundation seeks relief under Section 8 of the National Voter Registration Act of 1993, which requires officials to make voter list maintenance documents like the voter roll itself available for inspection to the general public. The law also offers a private right to file a lawsuit if denied.

Other federal courts which have confronted the issue have sided in favor of disclosure of public records.

The Foundation is pursuing litigation against Maine and Maryland for similar inspection rights violations. Delaware and Massachusetts opened access to their respective registration records pursuant to PILF’s federal inspection requests.

The Foundation accesses public voter registration database extracts to perform audits for deceased, duplicated, and otherwise outdated/corrupted records. Findings can result in federal list maintenance lawsuits to correct flagged registrant files. Lawsuits against Detroit and Allegheny County, Pennsylvania, recently wrapped along those lines.

The Foundation has also shared data via court briefs involving changes to mail ballot rules and procedures that have arisen due to the COVID-19 pandemic across 11 cases in California, Connecticut, Georgia, North Carolina, New Mexico, Tennessee, Texas, Virginia, and Wisconsin.

The new case was filed in the United States District Court for the Central District of Illinois. The case number is 3:20-cv-03190. The attorney for the Public Interest Legal Foundation is Sue Becker. Chicago-based Christine Svenson serves as local counsel.

* From the lawsuit

Section 10 ILCS 5/1A-25(4) restricts those allowed to receive a copy of the voter registration list to just two types of entities: political committees or government entities (“Restricted Access Law”). No other entity or individual is allowed to receive a copy of the voter registration list under the Restricted Access Law.

The Restricted Access Law contains just one exception, which is that a person may view the voter registration list at the office of the State Board of Elections […]

[Section 8 of the National Voter Registration Act of 1993] provides, in relevant part, “Each State shall maintain for at least 2 years and shall make available for public inspection and, where available, photocopying at a reasonable cost, all records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of official lists of eligible voters”

So, it appears they have a decent case here. We’ll see. I’d hate to pay that copying bill, though.

* Also, you may remember attorney Christine Svenson

She is active in the local Republican party and has served as the Cook County Republican Party’s general counsel. […]

Svenson represented a client who sued Dan Rutherford, a 2014 candidate for the Republican gubernatorial nomination, for alleged sexual harassment. Rutherford accused Svenson and her client of fabricating the allegations to help his opponent, now Governor Bruce Rauner. Svenson denied any political motivations. She had previously received $3,500 from the Rauner campaign, but said it was for legal work reviewing a lease for Rauner.

The lawsuit was dismissed without prejudice.

  12 Comments      


Kanye West and Willie Wilson petitions challenged

Tuesday, Jul 28, 2020 - Posted by Rich Miller

* From last night…


The challenge to West’s petitions claims he didn’t turn in enough valid signatures, his statement of candidacy wasn’t sworn and

The Candidate’s Nomination Papers are legally and factually insufficient because he did not include a candidate for Vice President of the United States or Presidential Electors as required for Independent Candidates for President of the United States running in Illinois, in violation of the Illinois Election Code.

The challenge to Wilson’s petitions is essentially a placeholder argument. It says that if this appeal is successful, then Wilson should get the boot because he doesn’t have enough signatures

A federal appeals panel is allowing state authorities to continue to argue a federal judge was wrong to ease requirements for third-party and independent candidates to gain ballot access amid the COVID-19 pandemic.

The U.S. Seventh Circuit Court of Appeals issued an order July 15 denying a motion to dismiss an Illinois State Board of Elections’ appeal.

On April 3, the Libertarian Party sued the state, asserting Gov. JB Pritzker’s stay-at-home orders infringed the constitutional rights of its candidates by complicating the collection of signatures on nomination petitions. The Green Party joined the lawsuit, as did independent candidates.

U.S. District Judge Rebecca Pallmeyer sided with the third parties, finding the safety restrictions, “which started at nearly the same time as the window for gathering signatures,” created a “nearly insurmountable hurdle” impeding general election ballot access.

  11 Comments      


You can’t shout down a virus

Tuesday, Jul 28, 2020 - Posted by Rich Miller

* This story caused quite a stir on social media

Pritzker indicates IHSA will not conduct sports in fall

Gov. J.B. Pritzker signaled that the Illinois High School Association will not conduct sports activities this fall.

The statement came Monday during a question-and-answer session at the Rock Island County Public Health Department and was broadcast by WRMJ in Aledo.

According to the governor, the IHSA “has said they’re basically going to get out of the business of this in the fall. That’s what it appears they are saying.”

The IHSA board of directors are scheduled to convene Wednesday. It was presumed the board will vote then on whether to conduct fall sports.

The story, along with some other developments yesterday, had Pritzker trending on Twitter for much of two days. People were freaking out. Some tried to calm the waters, to no avail…


* The headline and story were changed to a more accurate portrayal of what the governor said, but the damage had already been done

Pritzker ‘deeply concerned’ about IHSA fall sports

Gov. J.B. Pritzker said Monday he is “deeply concerned” about the Illinois High School Association conducting sports activities this fall. […]

“I’m deeply concerned,” the governor said, noting that there is evidence in other countries that open up school sports and an outbreak immediately follows.

“Not something we’ve issued a mandate about,” Pritzker said. “We’re watching very closely.”

Pritzker said he understands the situation has been confounding for many people and said this will be an autumn like no other. He said parents and teacher will have to be flexible in the coming weeks.

* But riddle me this, Batman: If Major League Baseball, with its vast fortunes and high-priced doctors and a strong players union and no fans in the stands can’t prevent outbreaks, how is high school football gonna top that?

To one public health expert, the Miami Marlins outbreak — in which at least 14 members of the team, including 12 players, have contracted the coronavirus — is a frightening harbinger of things to come.

Appearing on CNN’s New Day Tuesday, Professor William Haseltine issued a dire warning — stating that what’s happening in baseball could happen on a dramatically larger scale if schools reopen in the fall.

“I think what you’re seeing is what’s about to happen in our high schools,” Haseltine said. “There’s very little difference between the way the virus spreads in young baseball players — many who are just barely into their 20s — and how it’s going to spread in high schools with anybody who’s an adolescent or a teenager.”

Any attempt to create a bubble won’t work either, according to Haseltine. No matter how much testing is done in an effort to create a protected space, the virus will find its way in.

I don’t know how some parents are raising their kids, but mine always stressed that sport, while important, is just a game.

  43 Comments      


State moves to consolidate DeVore’s latest round of cases

Tuesday, Jul 28, 2020 - Posted by Rich Miller

* The attorney general has filed a motion with the Illinois Supreme Court to transfer all of attorney Tom DeVore’s latest round of cases to Sangamon County

In short, although filed in five different counties, the five above- captioned cases were filed on the same day by the same attorney and seek the same declaratory and injunctive relief against the same defendant, the Governor. And that attorney (DeVore) has indicated that he “is ready to file lawsuits in other counties across the state.”

* Some back story

This is the most recent series of lawsuits filed by DeVore in multiple jurisdictions that challenge the Governor’s actions to address the COVID-19 pandemic. Six weeks after the Governor first declared an emergency, on April 23, 2020, DeVore filed Bailey v. Pritzker, No. 2020CH6 (Ill. 4th Jud. Cir. Ct.). In that lawsuit, DeVore argued that the Governor’s proclamations and executive orders exceeded his authority because they extended more than 30 days beyond March 9, the date on which the Governor first declared the COVID-19 pandemic a disaster. DeVore subsequently raised the same argument in three other lawsuits. But this argument—that the Governor’s ability to take action to address the pandemic expired 30 days after March 9—has been rejected by every court to have addressed it, save one: the Circuit Court of Clay County, where DeVore filed Bailey and Mainer. In Clay County, attorney DeVore twice obtained a temporary restraining order (“TRO”) against the Governor’s executive orders from the same judge, and both times, after the Governor appealed those TROs under Illinois Supreme Court Rule 307(d), DeVore withdrew his request for a TRO. By doing that, DeVore evaded appellate review of these outlier rulings.

In another recent series of cases, DeVore filed lawsuits in multiple counties on behalf of plaintiffs challenging the face covering requirement as applied to teachers and students. And in yet another, DeVore filed a number of cases arguing that the Governor lacks authority under the Act to suspend nonessential business operations. When the Governor removed three of those actions to federal court, DeVore’s law firm voluntarily dismissed those cases, thus evading review of these claims by the federal judiciary.

* On-point footnote

As another indication that these actions have sown confusion and uncertainty and have inhibited a clear resolution of the dispute over the Governor’s authority, DeVore has described the July 2, 2020 summary judgment ruling in the Bailey case as giving every Illinoisan the right to do as they please. If the July 2 ruling had that legal effect—which the Governor disputes—then there would be no legal reason to file new lawsuits to challenge whether the Governor had the authority to declare a statewide disaster. Consolidating the new cases will serve to avoid confusion and uncertainty, and may expedite appellate review and a final resolution of this dispute.

* Aside from the plaintiffs’ names, there is only one other factual difference between DeVore’s new set of cases

The theoretical possibility that the court could answer the threshold legal question in favor of the plaintiffs does not alter this analysis. The complaints present many common factual allegations.And the few factual differences among the complaints are limited to the number of residents who have tested positive or who have died from COVID-19, as well as a calculation of the infection rates based on county population. These facts are easily ascertainable matters of public record, allowing for streamlined factual development in a consolidated case without witness testimony. But in any event, focusing on these facts ignores that the key inquiry here is the statewide occurrence and threat of sickness resulting from COVID-19, rather than the number of cases and deaths in any given county at any discrete point in time.

Critically, allowing one court to resolve the threshold question will avoid the expenditure of resources before multiple courts, as well as the risk of conflicting rulings and ensuing public confusion. The prospect of public confusion and wasted resources is particularly detrimental in the present context of a global pandemic, where statewide consistency on public safety directives is critical.

* The governor’s legal argument

These cases thus present a threshold question of statutory interpretation and involve a common issue of law: whether the declaration of a disaster in a county based on the existence of a public health emergency requires evidence of illness to a specific number of people in that county. According to plaintiffs, the definition of “public health emergency” cannot be satisfied without such a showing. The Governor disagrees with plaintiffs’ position as a matter of law. The plain text of the statute authorizes the Governor to declare a disaster due to a public health emergency based on evidence of “an occurrence or imminent threat of an illness or health condition” caused by a novel infectious agent that poses a high probability of widespread exposure. 20 ILCS 3305/4. Indeed, the Act confers authority on the Governor to issue disaster proclamations, 20 ILCS 3305/7, when there is “an occurrence or threat of widespread or severe damage, injury or loss of life or property . . . resulting from any natural or technological cause,” including an “epidemic” or “public health emergencies” […]

Merits aside, however, these cases are appropriate for transfer and consolidation because answering the common question of law they present will not require any factual development, making the question amenable to resolution through consolidated pre-trial proceedings such as a motion to dismiss (which the Governor intends to file). If the court concludes that the Governor has the authority to declare a statewide disaster in light of COVID-19, then that will end the analysis without consideration of the facts in each individual county concerning the number of residents who have tested positive for COVID-19. As such, it would make sense and conserve judicial resources for one court to answer that predominant question of law.

* But the AG may need to file an amended motion. Here’s Mike Miletich

DeVore filed lawsuits for clients in Clinton, Edgar, Richland, and Sangamon counties using this argument last week. He also presented his own case against the governor in Bond County. The number of cases grew Monday with cases filed in Montgomery, Kendall, Winnebago, Grundy, and White counties.

* Mike also interviewed DeVore

“If there’s no disaster in Clay County, I can assure you I’m gonna have a client that’s going to go to the Clay County school districts and say ‘Let our kids in. You can’t keep us in remote learning because it’s not allowed.’ There’s no disaster,” DeVore exclaimed.

DeVore believes judges should have their own decision on if there is a disaster locally.

“Then you can’t have emergency power being wielded in that county. You can’t have school districts engaging in remote learning in that county,” DeVore said during a virtual interview Monday. “You can’t be doing all this stuff because there is not a disaster.”

…Adding… DeVore is also searching for a plaintiff in Macoupin County. From Facebook

Hello, citizens and friends of Macoupin County. I had a great talk with State Representative Darren Bailey and Constitutional Attorney Thomas DeVore this morning.

Here’s the deal. We (Macoupin County) just need one person (a resident of Macoupin County) to step up and file a lawsuit against His Royal Highness King Jay Bob. The lawsuit would be over the fact that there is currently NO state of emergency here in Macoupin County. [We aren’t disputing that a true state of Emergency may indeed exist in Chicago as well as in certain parts of the 618.]

Warning: There will be some fame attached to stepping up and filing a lawsuit against Pritzker, and probably just as much unwanted hatred from his brownshirt loyalists as well.

  21 Comments      


Sen. Steans calls on Madigan to resign

Tuesday, Jul 28, 2020 - Posted by Rich Miller

* Press release…

The people of Illinois are facing unprecedented challenges — from the coronavirus threatening our health, our economy and the education of our children to overdue demands for a more just and equitable society. At such a time, it is imperative that the people of our state can trust in their representatives and that those representatives can trust in their leaders. That is why Michael Madigan should resign as Speaker of the House.

The revelations contained in the U.S. Attorney’s deferred prosecution agreement with Commonwealth Edison paint a sordid picture of bribery, influence peddling and insider-dealing at the highest levels. It shows how yesterday’s political patronage system, severely restricted by the courts, has been transferred lock, stock and barrel to a large corporation seeking the government’s help.

Not only does this undermine public trust in government, but it will cost Illinois ratepayers hundreds of millions of dollars. This follows on the heels of horrendous revelations of sexual harassment and bullying by those within the Speaker’s Office. It is clearly time for a change.

Some will argue that the Speaker is innocent until charges are filed and he’s proven guilty. But those are not the standards that should apply to his leadership role. Serving as Speaker is not a right; it’s a privilege. A leader’s actions must avoid even the perception of wrongdoing. Speaker Madigan repeatedly has violated that trust.

For the same reason, Michael Madigan should step down as chair of the Democratic Party of Illinois. We are in the midst of the most important campaign of our lifetime — to remove a President who routinely violates our Constitution and our trust. In contrast, Democrats must offer voters a level of trust and accountability that Chairman Madigan can no longer provide.

Speaker Madigan’s continued service in the legislature and on the Democratic State Central Committee are matters for his constituents to decide. The many ethical questions swirling around him, however, should disqualify him from legislative or party leadership posts.

The problems in Illinois government go far beyond Speaker Madigan, although he has come to personify the elevation of power and privilege over the needs and concerns of the public. We must enact tough ethics reforms to help ensure that a change in House leadership brings with it the overhaul of a broken system. No longer can we allow it to promote the interests of powerful insiders over those of the people and communities our government is supposed to serve.

I pledge to continue fighting for such reforms with likeminded colleagues who are demanding both a change in unethical leadership and serious reform of a system that has tolerated it for far too long.

  51 Comments      


*** UPDATED x1 *** Rate the new CETP ad

Tuesday, Jul 28, 2020 - Posted by Rich Miller

* Email…

Rich — I’ve been keeping up with your good reporting on the ComEd/Exelon scandals and wanted to give you a heads up. We will launch a new TV ad (YouTube link here) statewide on cable news beginning tomorrow a.m. (7/28) and extend to local broadcast shortly after. We want to say loud and clear that Illinois can get clean energy legislation without kowtowing to ComEd and Exelon, and without Illinois ratepayers continuing to shoulder the cost. I just wanted to make sure you saw the spot before it goes live — feel free to share as you see fit.

A little background info — After all that’s come to light over the last year (and especially the last 2 weeks) regarding the 2016 FEJA bailout, we simply can’t go down that path again. ComEd has admitted to bribery and, with the ICC meeting on ethics reforms this Wednesday, it feels like the right time for lawmakers to say once and for all that they’ll give no more subsidies or bailouts to ComEd and Exelon. That includes stripping subsidies out of the current clean energy jobs bill. We saw Representative Williams’ announcement last week that she’ll add accountability measures to CEJA — it’s a good start and we agree but it needs to go further. She should also remove subsidies that would go directly to Exelon and ComEd so Illinois can transition to a clean energy future without continuing to put families and taxpayers at risk.

Again, just wanted to give you a heads up. Have a great evening,

Lacie

Clean Energy Transition Project

According to Comcast, the group is spending $58K through August 9, mainly in Chicago, but also some in the Champaign and Peoria areas. The group suddenly started spending big bucks on Facebook last year and has spent $71K since May. I’m not sure who they are or what they want by way of a “transition” to clean energy. The website is no help, either.

* Anyway, check it out

*** UPDATE *** Rep. Ann Williams…

Rich:

I am not familiar with the “Clean Energy Transition Project” and haven’t heard from this group with concerns about my bill. In the current climate, I question the judgment of a nameless, faceless dark money group inserting itself in Illinois’ energy discussions via paid ads.

The group appears to be a “front group” for fossil fuel companies who don’t like the provisions of the Clean Energy Jobs Act that prioritize carbon free power sources over polluting fossil fuels in the capacity market. My bill will eliminate the ongoing subsidy of the fossil fuel industry, which benefits coal and gas companies while costing Illinois consumers over $1B a year. No wonder this group is running ads designed to mislead Illinois consumers by claiming ComEd/Exelon is “hijacking” the clean energy legislation.

As Senate sponsor Cristina Castro and I have repeatedly stated, the utilities and power companies will no longer be dictating energy policy in Illinois. The recent and stunning admission of ComEd was the nail in that coffin.

Our plan is to prioritize carbon free resources first as we work to build up renewables in Illinois, eventually to 100% renewable energy sources, and we will not do this by continuing to prop up polluting fossil fuel plants. Our planet cannot afford it. We will, however, work to ensure that all utilities and power companies be held accountable and answerable to Illinois ratepayers, and that the illegal manipulation of the legislative process is over. Energy policy can and should be driven by the best interests of consumers, communities and our environment – not by corporate profits.

  8 Comments      


Protected: SUBSCRIBERS ONLY - Supplement to today’s edition

Tuesday, Jul 28, 2020 - Posted by Rich Miller

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Protected: SUBSCRIBERS ONLY - Today’s edition of Capitol Fax (use all CAPS in password)

Tuesday, Jul 28, 2020 - Posted by Rich Miller

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*** LIVE COVERAGE ***

Tuesday, Jul 28, 2020 - Posted by Rich Miller

* Follow along with ScribbleLive


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*** UPDATED x1 *** Illinois Jewish Legislative Caucus to Tribune: “Stop peddling anti-Semitism”

Monday, Jul 27, 2020 - Posted by Rich Miller

* Press release…

The Illinois Jewish Legislative Caucus welcomes the report that the Chicago Tribune may finally have had enough of the bigoted and anti-Semitic rants of John Kass, and is ending his 23-year reign as “lead columnist” for the paper.

Kass authored a winding, conspiracy-filled diatribe blaming George Soros for violence in Chicago and other major cities. “The Soros-funded prosecutors, not the mayors, are the ones who help release the violent on little or no bond,” he wrote on July 22, 2020. Kass knows, as most journalists know, that Soros-themed conspiracy theories have proliferated amongst the fringe white supremacist and Twitterazi’s. Kass knew about the rise in anti-Semitism, he just didn’t care.

The Anti-Defamation League and others have chronicled the rise of anti-Semitic tropes based on the Soros theories. On June 2, 2020, the ADL noted:

    “Although the vast majority of Soros-related conspiracy theories do not mention his Jewish heritage, the concern remains that they can serve as a gateway to the antisemitic subculture that blames Jews for the riots. This type of content can be found on mainstream platforms; a Twitter user wrote, “George Soros is paying for this he is a Jew America bows to the Jew [sic],” while another tweeted, “Antifa are on the payroll of the Jewish financier George Soros who often uses these paid thugs to intimidate any opposition towards the status quo that he and his Zionist allies have set up to control us.” Yet another claimed, “Soros is every bit the subversive, parasitic conspirator these people make him out to be. The problem they always neglect to mention is the fact that he’s a Jew.”

Not to be outdone, the Tribune Editorial Page Editor doubled down on support for Mr. Kass following his editorial and removal as lead columnist. Ms. McQueary also knows about the devastation of the anti-Semitic Soros fear-mongering, but cannot be bothered to apologize for it on her own editorial page. What message does this send to your Jewish readers? To your Jewish reporters?

Words matter, Mr. Kass and Ms. McQueary, so do a better job and stop peddling anti-Semitism. We assure you - we will hold you accountable to do just that.

Sincerely,

Illinois Jewish Legislative Caucus

    Illinois State Representative Jonathan Carroll
    Illinois State Representative Kelly Cassidy
    Illinois State Representative Daniel Didech
    Illinois State Representative Robyn Gabel
    Illinois State Representative Jennifer Gong-Gershowitz
    Illinois State Representative Will Guzzardi
    Illinois State Representative Mark Kalish
    Illinois State Representative Bob Morgan
    Illinois State Representative Yoni Pizer
    Illinois State Representative Sam Yingling
    Illinois State Senator Sara Feigenholtz
    Illinois State Senator Laura Fine

…Adding… Strannik in comments…

Not all criticisms of a billionaire who happens to be Jewish are antisemitic, but columns that talk about a rich Jewish person undermining the fabric of society through Jewish money is a bit on the Protocols of the Elders of Zion side.

*** UPDATE *** David Goldenberg, Midwest regional director, Anti-Defamation League, Chicago

John Kass’ column “Overwhelming sense of lawlessness growing” (July 22) perpetuates conspiracy theories against Jews that have been the gateway to anti-Semitism for centuries.

The scapegoating of George Soros for recent increases of violence in Chicago abandons the notion that correlation does not equal causation, as Kass directly alleges with insufficient evidence.

In leveling these absurd charges, Kass joins the ranks of those who employ long-standing anti-Semitic myths blaming Holocaust survivor Soros, his philanthropy and other Jews as manipulating government for their own benefit while plotting to control countries and global events.

The Anti-Defamation League’s Center on Extremism tracks attempts to spread these falsehoods, which have included in recent months laughable charges that Jews are funding antifa and violent protests and are responsible for the spread of COVID-19. While Kass gives oxygen to these anti-Semitic myths, the Tribune provided a platform.

Without question, Chicago has a rampant problem with violence. But the column offers no solution — and also does harm to the Jewish community.

Even if no anti-Semitic insinuation was intended, casting a well-known Jewish individual as a puppet master who manipulates high-profile events for malign purposes has the effect of mainstreaming anti-Semitic tropes and giving support, however unwitting, to bona fide anti-Semites and extremists who disseminate these ideas knowingly and with malice.

* Meanwhile, this defense of Kass relies on a lie about Soros

Let me pause here for a minute to discuss George Soros and today’s leftists. Soros is genetically Jewish. That’s his sole connection to Judaism.

As a 14-year-old during World War II, Soros worked with the Nazis. That was not his fault. He was a teenager and did what he needed to survive.

What is Soros’s fault is that he feels no guilt or sadness about this collaboration. At 14, if he had possessed a normal moral sense, Soros should have known what he did was wrong. His is a psychopathic world view

* The actual story

As part of their efforts to control and eventually eliminate the Jews of Europe, the Nazis sought the participation of the people whom they were attempting to destroy. In much of Nazi-occupied Europe, the Nazis set up “Jewish councils” and forced Jewish authorities — from religious leaders to trusted family patriarchs — to put Nazi policies and orders into practice.

In Hungary, the Nazis ordered the creation of the Central Council of Hungarian Jews in March 1944, intended to control the Jewish population without panicking them. The Council included both Zionist and Orthodox Jews, many of whom were aware of what the Nazis had done in neighboring countries but believed that they could somehow placate the Hungarian government and the Nazi authorities through smaller concessions — giving up furniture and other possessions, moving into ghettos created by the occupying German forces — and somehow avoid deportation to death camps until the war ended.

This was fruitless. As Ernő Munkácsi, the head of one of Hungary’s largest Jewish communities, put it in his postwar memoirs, “… the leaders of the Jews … lulled themselves into the unfounded optimism that we would be the exceptions, the tiny island in the sea of the destruction of European Jews.”

It was for the Jewish Council that 13-year-old George Soros worked for all of two days. He was asked to deliver messages across the city. When his father read one of the messages, he saw that they were in fact summonses, orders for Jewish individuals to report to a rabbinical seminar with food for two days and blankets.

There’s more, and even more here and here. It’s all bogus.

  32 Comments      


Lightfoot says ComEd’s response has been “inadequate”

Monday, Jul 27, 2020 - Posted by Rich Miller

* Becky Vevea at WBEZ

Chicago Mayor Lori Lightfoot on Monday told the CEO of Commonwealth Edison she’s “deeply disturbed” by the utility giant’s role in an ongoing federal bribery scandal, and that the company’s response so far has been “inadequate.” […]

“ComEd’s breach of public trust is far from over as far as the City of Chicago is concerned,” Lightfoot wrote. “We expect a significant commitment from the company to right historic wrongs through its own internal ethics reforms[.]”

“I can only imagine the significant impact a $200 million dollar investment of money in the city (versus a fine) would have on improving our neighborhoods, assisting low-income customers, or achieving clean energy goals,” Lightfoot wrote.

Lightfoot, herself a former federal prosecutor, told Dominguez in the letter that the proposed monitoring under that agreement “is not sufficient to rebuild trust and account for this egregious behavior.”

* The full letter…


  15 Comments      


You’re gonna need a bigger boat

Monday, Jul 27, 2020 - Posted by Rich Miller

* Um

[The University of Illinois at Urbana-Champaign] plans to offer free tests to the 50,000 students expected to return in August, and roughly 11,000 faculty and staff. […]

“The exciting thing is because we can test up to 10,000 per day, it allows the scientist to do what’s really the best for trying to protect the community as opposed to having to cut corners, because of the limitations of the testing,” [University of Illinois chemist Martin Burke] says. […]

University of Illinois epidemiologist Becky Smith says data suggest campuses need to test everyone every few days, because when a person gets infected, a detectable amount of virus doesn’t show up for three or four days. […]

She has recommended that all students, faculty and staff be required to get tested twice a week, at least to start the semester. As the year goes on, the school might transition to targeting individuals at higher risk.

OK, let’s do the math.

UIUC can test up to 10,000 people per day, assuming everything goes well, nothing breaks, no unforeseen shortages, it’s not raining or snowing outside where people are waiting in line, etc.

They have 61,000 people they need to test. Testing them twice per week would mean they’ll need to perform 122,000 tests, but they can only do 70,000 tests per week, assuming everything goes well and they can work 7 days per week.

  22 Comments      


Question of the day

Monday, Jul 27, 2020 - Posted by Rich Miller

* Center Square

The attorney who filed a slew of lawsuits in several different counties to have judges find there aren’t public health emergencies says counties need to be careful in enforcing social distancing and mask-wearing rules because he’s ready to file even more lawsuits. […]

The day after DeVore filed the lawsuits against the governor, public health officials in Sangamon County announced increased efforts to enforce COVID-19 guidelines, including fines and license suspensions of businesses. They say there is a public health emergency.

“The Sangamon County Department of Public Health recognizes the danger to our citizens and has worked tirelessly to identify, control, and prevent the disease,” the department said in a statement. “The demographics of new positive cases have shifted drastically in recent weeks. In May, our biggest concern was our older population and congregated settings. While that concern has not disappeared, current data suggest that our focus needs to shift to our younger population in social settings.”

“Penalties for violation of [COVID-19 occupancy, social distancing and face covering requirements] include monetary fines, suspension or revocation of permit or license and potential closure of a business pursuant to existing County ordinances,” the county said. “We must take every precaution to prevent Sangamon County from reverting back to Phase 3, or worse, a second lockdown.”

While DeVore’s lawsuits are targeting the governor, he said he’ll sue local officials in Sangamon County and elsewhere if it comes to it.

“They can’t do it,” DeVore said. “These local health departments can close a business if it is a public health risk which is not because they’re not wearing a mask. If they want to try that in court, I’m ready. They can’t do these things.”

Let’s see. He’s suing the governor. He’s suing the IHSA. He’s threatening to sue counties. Hmm.

* The Question: Whom should DeVore threaten to sue next?

  43 Comments      


“Missed it by that much”

Monday, Jul 27, 2020 - Posted by Rich Miller

* From Gov. Pritzkers Executive Order 2020-41 issued on June 4th

WHEREAS, the Sports Wagering Act, 230 ILCS 45/25-30(f), 25-35(f), and 25-40(i) requires that individuals create a sports wagering account in person at a facility authorized pursuant to the Act; and,

WHEREAS, due to social distancing requirements put in place to protect public health, and because existing licensed casino gambling facilities authorized pursuant to the Sports Wagering Act have been closed to the public since March 16, 2020 and will reopen only when safe to do so pursuant to the Restore Illinois plan, Illinois residents may not be able to appear in-person at a licensed casino;

THEREFORE, by the powers vested in me as the Governor of the State of Illinois, pursuant to Sections 7(1), 7(2), 7(8), and 7(12) of the Illinois Emergency Management Agency Act, 20 ILCS 3305, I hereby order the following, effective June 4, 2020:

Section 1. During the duration of the Gubernatorial Disaster Proclamations, the provisions in the Sports Wagering Act, 230 ILCS 45/25-30(f), 25-35(f), and 25-40(i), requiring in-person creation of a sports wagering account at a facility authorized pursuant to the Act in order to participate in sports wagering offered over the internet or through a mobile application, are suspended.

The statute mandated that until online sports wagering licenses are issued 18 months after the law took effect, “an individual must create a sports wagering account in person at a facility.” But that was not possible because casinos were closed at the time. Casinos were permitted to reopen July 1.

* Legal Sports Report

Governor J.B. Pritzker abruptly rescinded remote registration for mobile Illinois sports betting accounts as of tomorrow, effectively ending DraftKings‘ plans to launch its app in the state for now.

Pritzker issued Friday a new Gubernatorial Disaster Proclamation and he will no longer suspend the state’s in-person registration requirement. He reissued a number of executive orders but not the one related to sports betting. […]

The sudden move sends a shockwave through the IL sports betting market days before DraftKings reportedly expected to launch its mobile app. [Sunday] becomes the final day of remote registration and the only sportsbook/casino combo licensed to operate in Illinois belongs to Rivers. DraftKings received its license last week but partner property Casino Queen remains on hold for its certificate. […]

If DraftKings scraps its mobile IL sports betting startup plan through its partnership with Casino Queen, it will represent another loss for the DFS giant in an ongoing battle with Rush Street, the parent company of Rivers. The enmity among the parties dates back to DraftKings and FanDuel offering DFS contests in apparent defiance of a 2015 Illinois attorney general opinion declaring them illegal.

Along with FanDuel, DraftKings squared off with Rush Street last year during the lawmaking process for sports betting in Illinois. Rush Street attempted to sideline DraftKings and FanDuel for as long as the first three years of sports wagering in the state.

FanDuel and DraftKings responded with a $1 million TV ad campaign aimed at Rivers. The companies pulled the ads at the Pritzker’s request and legislators changed the sports betting bill to and 18-month ‘penalty box.’

Discuss.

[Headline explained here.]

  10 Comments      


Despite assurances, ten state senators want Chicago and Cook County to “immediately cease cooperation with federal agents”

Monday, Jul 27, 2020 - Posted by Rich Miller

* Greg Hinz on the surge of federal agents into Chicago

[US Attorney John Lausch], various sources tell me, assured [Mayor Lori Lightfoot, a former Lausch colleague at the US Attorney’s office] that, despite media reports, the surge would be not unilateral but cooperative, with agents working with the chain of command in their normal units—the FBI; the U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives; U.S. Border Patrol, etc.—and in coordination with local authorities. Just like it had in other instances in the past.

Indeed, such surges, including personnel from the U.S. Department of Homeland Security, “have happened on many occasions in the past,” says Randall Samborn, a former assistant U.S. attorney who was the spokesman for the Chicago office for many years. […]

He gave a series of media interviews to calm the waters. He got on the phone with key local congressmen, moving to assure them of what the surge would and would not include.

“He said, no, we’re not going to see these agents in the street,” acting as a federal police force, says U.S. Rep. Jan Schakowsky, D-Evanston, one of those, like Quigley, who were on one of the calls. “He wanted to assure us there was no Portland coming to Chicago. He talked about how they were working with (local) law enforcement people.”

* US Senators Durbin and Duckworth also issued a statement…

After needless threats from the President, we’re relieved the Trump Administration says they plan to work with local officials and authorities in Chicago rather than undermine local law enforcement and endanger our civil rights, as their agents have done in Portland. We will continue closely monitoring the Administration’s efforts to ensure they follow through with this commitment.

* Late Friday press release…

Three individuals have been charged with federal offenses for allegedly illegally possessing guns or ammunition in Chicago this week. The charges are the first federal prosecutions in Chicago under the Department of Justice’s Operation Legend. DARRYL COLLINS, 30, of Dolton, is charged with one count of illegal possession of ammunition by a convicted felon, while ROMEO HOLLOWAY, 21, of Chicago, is charged with one count of illegal possession of a firearm by a convicted felon. Collins and Holloway were previously convicted of criminal felonies and were not lawfully allowed to possess a firearm or ammunition. DARRYL PHILLIPS, 22, of Chicago, is charged with one count of illegal possession of a machinegun.

All three defendants are currently detained in federal custody.

* But a group of ten state senators is not satisfied…

As federal agents descend on Chicago under direction from the Trump administration, 10 state senators representing districts that include Chicago co-signed an open letter this past weekend to Mayor Lori Lightfoot and Cook County Sheriff Tom Dart, urging them to “immediately cease cooperation with federal agents” who are deployed as part of Operation Legend.

The following state Senators joined more than 60 state, county and city elected officials, labor groups and community organizations in co-signing the letter: Illinois Senate Majority Leader Kim Lightford, Mattie Hunter, Jacqueline Collins, Omar Aquino, Ram Villivalam, Emil Jones, Robert Peters, Heather Steans, Patricia Van Pelt and Celina Villanueva.

“Chicago has more police officers per capita than any other major city in the U.S., but it has not made us the safest city in the U.S. by any measure,” the letter states. “Breaking the cycle of violence means that the city must invest in jobs, housing, schools, and healing, not prisons and police–and definitely not cooperation with a dangerous, racist, and repressive Presidential administration.”

The letter makes clear that the co-signers, “Do not trust any promises that President Trump has made or will make about their deployment.”

Co-signers want the Chicago Police Department and the Cook County Sheriff to immediately cease any existing or planned cooperation with “Operation Legend” federal agents by doing the following:

    1. Do not allow DEA, ATF, U.S. Marshals Service, Department of Homeland Security, and FBI agents to use city police or county sheriff property, staff, or other resources, including offices, parking lots, police stations, or the Cook County Jail.
    2. Cease all information- and database-sharing with federal law enforcement agencies including DEA, ATF, U.S. Marshals Service, Department of Homeland Security, and FBI.
    3. Do not allow federal agents to assume custody of anyone who is being held in custody of the Chicago Police Department or the Cook County Sheriff, including at Cook County Jail.
    4. Expand existing sanctuary zones (schools, hospitals, places of worship) to include other city properties, including library and park buildings, where federal agents are not permitted to enter, detain, or interrogate civilians.

The full letter is here.

Thoughts?

  47 Comments      


MJM PAC launched by Hampton

Monday, Jul 27, 2020 - Posted by Rich Miller

* Sun-Times

A former political consultant whose allegations of sexual harassment against a longtime aide to House Speaker Mike Madigan highlighted the treatment of women in Illinois politics has created a new political action committee with the goal of helping the state “elect more ethical and accountable elected officials.”

Alaina Hampton on Wednesday launched the Majority Justice Movement PAC — just five days after ComEd was charged in federal court with bribery in a bombshell case that implicates several people, including Madigan, though no one else has been criminally charged. Madigan has denied any wrongdoing.

“What we’ve seen over the course of the past several years or honestly for my entire lifetime is that we don’t have very many elected officials in the state of Illinois that are willing to hold corrupt politicians accountable, and I think the rest of Illinois deserves more transparent and ethical leadership,” Hampton said Sunday.

“What I’d like to do is help fund candidates and elected officials that are willing to have a little more intermittence from the machine-style politics that we see here in Illinois,” she continued. “And what that means is helping them learn how to fundraise so they don’t have to rely on directed funds from large corporations such as ComEd.”

* Tribune

Hampton said she is digging through state election board filings — reports candidates and elected officials submit regularly accounting for who has donated to their campaigns and how much. On Monday, she’s “going to start calling through to legislators who have taken money from ComEd and asking them to donate that money to this PAC,” Hampton told the Tribune in a Friday phone interview. […]

Hampton said she wants the money to fund the campaigns of candidates who are not beholden to big companies.

“I decided to start this political action committee because I think residents deserve more honorable and accountable elected officials, and I think what we’ve seen over the past few years is that we don’t have very many, elected officials that are willing to stand up to machine politics here and take a stand and hold people accountable,” said Hampton, who now works for a national Democratic consulting firm.

* Meanwhile

Former Commonwealth Edison CEO Anne Pramaggiore resigned [Friday] from the Motorola Solutions board following disclosures in federal filings that she was directly involved in ComEd’s admitted efforts to bribe House Speaker Michael Madigan in return for favorable and lucrative legislation.

The news, delivered in a terse Securities & Exchange Commission filing, provided no reason for her resignation, other than to say it was not due to any disagreement with Motorola regarding its operations or policies.

* Related…

* ComEd bribery scheme implicating Illinois House Speaker revives term limits talk: Anyone who thinks term limits alone would eliminate corruption need look no further than term-limited Ohio House Speaker Larry Householder, a Republican who was arrested last week on a federal complaint alleging his participation in a $60 million bribery scheme. Surprisingly, the other legislative leaders are already term-limited. The Senate Democrats and Republicans in both the House and Senate already limit their leaders’ terms through legislative rules. Retired Senate President John Cullerton, a Chicago Democrat who began his career in the House as a Madigan protege, took the lead in 2017 to restrict leaders to five two-year terms as either minority or majority leader.

  24 Comments      


Pritzker on living with the virus and the potential for a return to normalcy: “We’re not going to be there until 2021″

Monday, Jul 27, 2020 - Posted by Rich Miller

* Gov. JB Pritzker was in Quincy earlier today and was asked about past opposition to his stay at home order and how he thinks things will be different with his latest mask-wearing pitch

As you know, the positivity rates in this area have risen, and risen and risen. And I think as there is a greater threat to people who live in this area, as they know more people who’ve gotten sick or had to go to the hospital, or even have died, I think it becomes more real for many people. There have been people who have, you know, been adamantly opposed to any rules at all about this. And then some of those people have gotten sick.

And so obviously, our message to those folks is this is not a political virus. It’s not a Red State virus or a Blue State virus. It’s not something made up by somebody for political purposes. This virus attacks anybody.

And we just have to figure out how to live with it, to make sure the fewest number of people get sick, go to the hospital, maybe die. And that’s what we’re trying to do and we need everybody’s help. You don’t have to be an activist on behalf of fighting for something that will help us, or work against us, just follow the mitigation suggestions of science, of the doctors, of really everybody standing here, you know, keep social distance.

We don’t have to do this forever. You’ve seen there’s progress on vaccines and treatments. And you know, we’re not there yet. We’re not there yet. And frankly, we’re not going to be there until 2021, in my humble opinion. I’m not a doctor, but that’s what my observation is, that we’re not going to be able to take off the mask and go about everything we were doing seven, eight months ago for a few more months, maybe six plus months.

So let’s all work together on this. That’s my message to all those folks. I’m sorry that they have decided to personalize it.

  23 Comments      


1,231 new cases, 18 additional deaths, 3.8 percent positivity rate

Monday, Jul 27, 2020 - Posted by Rich Miller

* Today…

The Illinois Department of Public Health (IDPH) today announced 1,231 new confirmed cases of coronavirus disease (COVID-19) in Illinois, including 18 additional confirmed deaths.

    - Cook County – 1 male 30s, 1 male 40s, 1 male 50s, 2 females 60s, 3 males 60s, 1 female 70s, 2 male 70s, 1 male 90s
    - DuPage County: 1 male 50s, 1 female 90s
    - Peoria County: 1 female 50s
    - Winnebago County: 1 male 70s, 1 female 80s, 1 male 80s

Currently, IDPH is reporting a total of 172,655 cases, including 7,416 deaths, in 102 counties in Illinois. The age of cases ranges from younger than one to older than 100 years. Within the past 24 hours, laboratories have reported 30,567 specimens for a total of 2,542,134. The preliminary seven-day statewide positivity for cases as a percent of total test from July 20 –July 26 is 3.8%. As of last night, 1,417 people in Illinois were reported to be in the hospital with COVID-19. Of those, 350 patients were in the ICU and 124 patients with COVID-19 were on ventilators.

Following guidance from the Centers for Disease Control and Prevention, IDPH is now reporting both confirmed and probable cases and deaths on its website. Reporting probable cases will help show the potential burden of COVID-19 illness and efficacy of population-based non-pharmaceutical interventions. IDPH will update these data once a week.

* Sunday…

The Illinois Department of Public Health (IDPH) today announced 1,541 new confirmed cases of coronavirus disease (COVID-19) in Illinois, including one additional confirmed death.

    Bond County – 1 male 90s

Currently, IDPH is reporting a total of 171,424 cases, including 7,398 deaths, in 102 counties in Illinois. The age of cases ranges from younger than one to older than 100 years. Within the past 24 hours, laboratories have reported 40,844 specimens for a total of 2,511,567. The preliminary seven-day statewide positivity for cases as a percent of total test from July 19 –July 25 is 3.7%. As of last night, 1,394 people in Illinois were reported to be in the hospital with COVID-19. Of those, 345 patients were in the ICU and 119 patients with COVID-19 were on ventilators.

* Saturday…

The Illinois Department of Public Health (IDPH) today announced 1,426 new confirmed cases of coronavirus disease (COVID-19) in Illinois, including 12 additional confirmed deaths.

    Boone County: 1 male 70s
    Cook County: 3 females 60s, 1 female 80s, 1 male 80s, 1 female 90s
    Cumberland County: 1 female 100+
    DuPage County: 1 female 80s
    Kane County: 1 female 30s
    Lake County: 1 female 70s
    St. Clair County: 1 female 70s

Currently, IDPH is reporting a total of 169,883 cases, including 7,397 deaths, in 102 counties in Illinois. The age of cases ranges from younger than one to older than 100 years. Within the past 24 hours, laboratories have reported 38,200 specimens for a total of 2,470,723. The preliminary seven-day statewide positivity for cases as a percent of total test from July 18 –July 24 is 3.6%. As of last night, 1,438 people in Illinois were reported to be in the hospital with COVID-19. Of those, 341 patients were in the ICU and 110 patients with COVID-19 were on ventilators.

  10 Comments      


Hey, governor! Remember this?

Monday, Jul 27, 2020 - Posted by Rich Miller

* My column from January 18 of this year

Gov. J.B. Pritzker regularly deflects questions about House Speaker Michael Madigan’s future by saying he wants to let the investigative process work.

But during an interview with me to mark his one-year anniversary in office, the governor pointed to his reaction after Sen. Tom Cullerton, D-Villa Park, was indicted, now-former Sen. Martin Sandoval’s, D-Chicago, Statehouse office was raided and now-former Rep. Luis Arroyo, D-Chicago, was arrested. In every instance, he said, he called on the legislators to step aside or resign.

When there’s “clear” evidence of targeting by criminal investigators, the governor said, “that’s the point at which folks should step aside.”

The questions aren’t new. During the sexual harassment scandals of 2018, candidate Pritzker was often asked if Madigan should relinquish at least one or both of his roles as House Speaker and state party chairman. He’d always defer, pretty much just like he’s done during the sweeping federal probe.

Pritzker’s latest answer, however, is more specific and allows him to set the bar for any showdown with Madigan, who surely seems to be on the federal government’s radar screen but for what nobody knows for sure. No crimes have yet been alleged. We know that some of his pals have been raided (including Mike McClain), but it’s still unclear what, exactly, the feds are looking at other than hiring Democratic cronies by the private company ComEd.

I do not see how there is less than “clear” evidence of targeting by criminal investigators right now.

  13 Comments      


Afzal drops out, Kass moved inside

Monday, Jul 27, 2020 - Posted by Rich Miller

* Politico

TED CRUZ has nothing better to do: Sen. Ted Cruz singled out a tweet Sunday by Hadiya Afzal, an activist running for DuPage County Board District 4, for ire. Afzal had commented on a video that showed a federal officer in Portland being hit by an object. “ive been watching this on repeat for fifteen minutes and laughing every single time,” Afzal tweeted from her private account. Cruz retweeted, saying “Hateful & sick. Does @JoeBiden agree?”

Ugh.

* Her stupid tweet became quite a thing over the weekend, particularly among those who love to complain about “cancel culture”…


Her term with the College Democrats of Illinois ended in June. So she’s no longer president.

* Anyway, it was a really bad move on her part and she dropped out of the race…


* Meanwhile

John Kass, the Chicago Tribune’s most prominent columnist, is under fire from his co-workers for invoking what they called an anti-Semitic conspiracy theory involving billionaire George Soros in a column last week.

A letter from the Chicago Tribune Guild, signed by nine members of the executive board, called on the newspaper and Kass to “apologize for his indefensible invocation of the Soros tropes.” […]

Under the headline “Something grows in the big cities run by Democrats: An overwhelming sense of lawlessness,” the column blamed Soros for spending “millions of dollars to help elect liberal social justice warriors as prosecutors [including Cook County State’s Attorney Kim Foxx], adding: “He remakes the justice system in urban America, flying under the radar.” (Here is the link.)

Noting the controversy ignited by the column, the Chicago Tribune Guild letter said: “The odious, anti-Semitic conspiracy theory that billionaire George Soros is a puppet master controlling America’s big cities does not deserve a mainstream voice, especially at a time when hate crimes are rising.

* An hour after Feder posted the above came this

After 23 years as the Chicago Tribune’s white male conservative standard-bearer, John Kass is about to lose his coveted spot on Page 2 and his status as the newspaper’s “lead columnist.”

Colin McMahon, editor-in-chief of the Tribune, today announced plans to reorganize the paper’s columnists and separate their work from the news section.

Within the next few days the changes will be unveiled in print and online to help readers differentiate between news and opinions, he said. One effect will be to relegate Kass and other columnists farther back in the print edition and label them more clearly as opinion writers.

“Those changes speak to our need and desire to be transparent with readers about what we do,” McMahon said. “And, I believe, they will help us maintain the credibility of our news coverage with our online audience, our print readers and our communities amid what is by all accounts a raw and hyper-partisan political environment.”

* The Guild isn’t impressed…


  87 Comments      


Million Unmasked March comes up about 999,850 marchers short

Monday, Jul 27, 2020 - Posted by Rich Miller

* Mike Miletich

A group of about 150 people gathered outside the Illinois Capitol Complex Saturday for the “Million Unmasked March.” The group of parents and guardians argue their children shouldn’t be forced to wear masks to attend school this fall.

An organizer of the event said Americans have the right to choice and children shouldn’t be “tortured” with masks. […]

“This is a free country. If I don’t want to live in Illinois, I can move,” said Michael Rebresh. “But no state owns my child. I’m not an indentured servant to the state. They don’t get to tell me what to do.” […]

The organizer also spit on Capitol Bureau Chief Mike Miletich before starting the interview. He jokingly asked if he could wipe the spit off the reporter’s N95 mask with a sweaty rag, but Miletich refused. Rebresh said it was an accident.

So classy.

* Brenden Moore

“If wearing a mask gives you peace of mind, have at it. We support your right to choose,” said Michael Rebresh, one of the organizers of the rally. “But in saying that, we expect that our right to choose for ourselves, for our kids is treated equally as valid and reserved as most sacred in our democracy.” […]

“You know if you need to wear a mask and that’s all right,” said state Rep. Darren Bailey, R-Xenia, one of the event’s speakers. “I know I don’t need to wear a mask and I’m not going to told to wear a mask.” […]

On Friday, Sangamon County Public Health Director Gail O’Neill said that face coverings are “really the only physical tool that we have to help combat this virus situation.”

Studies have shown that people who wear face masks can reduce the likelihood that they transmit the disease to another person.

* Cole Henke

One of the people marching was arrested by Springfield police after she spit on a counter protestor. The protestor was holding a sign saying, “Where are the other 999,000.”

The mask mandate is meant to protect both children and staff when they return to school. Masks are found to slow the spread of the virus, and keep undiagnosed or asymptomatic kids or staff from spreading it around the school.

But Rebresh doesn’t see the point in that.

“Asymptomatic, if i am asymptomatic, and you make that call, and i assume you are asymptomatic, if we are both asymptomatic, then why are we even wearing masks. We already got it,” Rebresh said.

A real Einstein.

* My “favorite” sign…


* And what would an anti-mask rally be without the other fringe types?…


* Also…


  55 Comments      


Aren’t y’all forgetting something?

Monday, Jul 27, 2020 - Posted by Rich Miller

* Tribune editorial

“The speaker has a lot that he needs to answer for — to authorities, to investigators and most importantly to the people of Illinois,” Pritzker said. “If these allegations of wrongdoing by the speaker are true, there is no question that he will have betrayed the public trust and he must resign.”

The Democrats who’ve been living off that weak ultimatum — Chicago Mayor Lori Lightfoot and Cook County Board President Toni Preckwinkle included — won’t call for Madigan to resign as House speaker and head of their state party, or as a state rep, until they know the Justice Department’s allegations are “true.” But years could pass before federal courts render final judgment on what prosecutors can establish beyond reasonable doubt. Years. […]

Rather than demanding that Madigan leave or be dethroned, Pritzker, Lightfoot, Preckwinkle and Democrats in the legislature are waiting for … what, exactly?

If they won’t insist that Madigan go until they know everything about his conduct, then they’re admitting that milking Madigan for campaign money and political muscle means more to them than living by the good-government platitudes they love to mouth.

Um, it’s not just the Democrats.

* House Republican Leader Jim Durkin

The allegations presented today are troubling and downright depressing. Speaker Madigan needs to “speak” up on this issue, and if the allegations are true, he needs to resign immediately.

* Senate Republican Leader Bill Brady

If the allegations reported today against Speaker Madigan turn out to be true, then he should resign.

…Adding… Um, no, unless they’re gonna do a write-in

And there’s an effort to drum up an opponent against Madigan in November. Good luck. The election is Nov. 3 but the first round of mail-in ballots land in voters’ homes Sept. 24.

  18 Comments      


Another climate change needed in the Illinois House

Monday, Jul 27, 2020 - Posted by Rich Miller

* My weekly syndicated newspaper column

A couple of days after the July 17th disclosures in ComEd’s deferred prosecution agreement with the U.S. attorney’s office, Illinois House Speaker Michael Madigan called individual House Democrats to reassure them that all would be well.

According to multiple legislators, the speaker told his members that he had done nothing wrong and that he never did things like recommend unqualified people for jobs, and fully expected that if they were hired, they would actually show up for work.

One object, I was told, was to prevent more House Democrats from releasing “if true, Madigan must resign” statements.

The gambit failed. By the day he had called, four House Democrats already had said he should resign if the allegations were true. Another, Rep. Anne Stava-Murray, D-Naperville, had gone even further, saying Madigan ought to resign without an “if true” qualifier.

And then not long after the calls, two more House Democrats released “if true” statements, followed that evening by “if true” demands from 12 members of the House Progressive Caucus, eight of whom had not already issued similar statements.

That makes 15. And 74 House Democrats minus 15 equals 59, which is one vote shy of what Madigan will need to be reelected speaker in January, though it’s unclear what will happen that far down the road.

Just two House Democratic men have spoken up. As with the 2018 sexual harassment crisis in his chamber, Madigan once again faces serious problems with women legislators.

Madigan also informed his members that while he was cooperating fully with the feds, he would be fighting these claims because there was no quid pro quo. But fending off the full force and might of a federal prosecutor who appears more hell-bent on prosecuting the speaker than any of his predecessors will not be easy or cheap.

The Friends of Michael J. Madigan campaign committee began earnestly spending money on legal fees in late July of 2017 and has reported spending $2.66 million on lawyers since then. Some of that was spent on investigations that Madigan ordered into his own political operation regarding sexual harassment issues, but not all.

Madigan’s $2.66 million is more than one of every five dollars (21%) expended on legal and attorney fees since late July of 2017 by all state and local candidates and political committees in Illinois combined. Whew.

So I asked a Madigan campaign spokesperson if he would pledge to spend all the money he raises for the rest of this campaign cycle on campaigns and not on legal fees.

“Not going to have a comment,” the spokesperson emailed me back.

Madigan’s most vital job is electing and reelecting House Democrats, many of them suburban women, and that costs lots of money. But so does a vigorous legal defense.

Madigan was super-quick to oust others during the 2018 sexual harassment crisis. For example, Madigan immediately stripped Deputy Majority Leader Lou Lang of his leadership position and his chairmanships after wild and ultimately disproved allegations were leveled against Lang, including a preposterous claim that Lang was involved in a $170 million “bribery” scheme.

Madigan’s actions appeared prudent at the time to many. But now the shoe is on his own foot.

As with the 2018 sexual harassment scandal, there is no doubt that Madigan created this current climate, either by design or by default.

How else can you explain the willingness of ComEd to allegedly hand over a vacant corporate board seat to the man? Why else would ComEd pay millions of dollars to a “consultant” so he could allegedly use that money to put Madigan’s captains (and others) on the payroll who did little to no work? The company’s internship program apparently had a direct pipeline to the 13th Ward, for crying out loud.

These things don’t happen out of thin air. You don’t throw one precious goodie after another at somebody unless you believe it works. And, hey, give Madigan the benefit of the doubt, maybe one thing didn’t specifically lead to another. But you cannot disagree that Madigan allowed that impression to persist.

Madigan ultimately had to admit in 2018 that he’d fostered a hostile climate for women. To his credit, he made things better.

Madigan also created a climate that allowed these ComEd favors to happen, whether he specifically ordered those favors or not. As before, perhaps, he didn’t want to know as long as everything got done.

And, as before, he should admit to this and disavow the practice and change the way things are done or he should seriously consider retirement. It’s time to fully bring Illinois into the 21st Century.

  24 Comments      


Open thread

Monday, Jul 27, 2020 - Posted by Rich Miller

* Talk amongst yourselves, but keep it local and polite. Thanks.

  33 Comments      


*** LIVE COVERAGE ***

Monday, Jul 27, 2020 - Posted by Rich Miller

* Follow along with ScribbleLive


  Comments Off      


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