* Memo to the State Employees’ Retirement System from Illinois Attorney General Kwame Raoul…
We have your letter inquiring whether, pursuant to section 14-149 of the Illinois Pension Code (the Pension Code) (40 ILCS 5/14-149 (West 2022)), Timothy Mapes, a member of the State Employees’ Retirement System, has forfeited his pension benefits because of his convictions for the offenses ofperjury (18 U.S.C. § 1623(a) (2018)) and attempted obstruction of justice (18 U.S.C. § 1512(c)(2) (2018)). For the reasons stated below, Mapes’ felony convictions related to, arose out of, or were in connection with his service as a State employee, thereby requiring the forfeiture of his pension benefits.
BACKGROUND
According to the records of the United States District Court for the Northern District of Illinois provided to this office, on May 26, 2021 , a special grand jury returned a two-count Indictment against Mapes. On August 24, 2023, a jury found him guilty of both counts.
Section 14-149 of the Pension Code requires the forfeiture of a participant’s retirement annuities and other pension benefits upon his conviction of a service-related felony and provides, in pertinent part:
Felony conviction. None of the benefits herein provided for shall be paid to any person who is convicted of any felony relating to or arising out of or in connection with his service as an employee.
The purpose of the felony forfeiture provisions in the Pension Code is to discourage official misconduct and to implement the public’s right to conscientious service from those in governmental positions by denying retirement benefits to public servants convicted of violating the public’s trust. […]
Illinois courts have employed three alternative tests for evaluating whether the requisite nexus exists. […]
“But For” Test
[…] Although Mapes made the false declarations triggering the perjury and attempted obstruction of justice convictions in March 2021 , after Mapes ceased his employment with the House of Representatives, Bauer makes clear that felony forfeiture provisions do not exclusively apply to felonies committed while the pension claimant is employed […]
The Indictment indicates that the federal investigation Mapes sought to obstruct concerned certain actions and communications that occurred, in part, while Mapes was still employed as Chief of Staff. Regardless of when Mapes made the false statements, there can be little question that Mapes knew about and sought to obstruct the matters that were the subject of the federal investigation because of his State employment. Additionally, while the Indictment refers to Mapes’ role as Executive Director of the Democratic Party, his conviction was for conduct that was not limited to that role […]
But for Mapes’ service as Chief of Staff to the Speaker, Mapes would not have been privy to the communications or activities at issue during his questioning before the grand jury. […]
“Material Element and Substantial Factor” Test
The court records likewise show that Mapes’ position as Chief of Staff was a material element and substantial factor in bringing about the subsequent criminal acts. […]
(A) nexus existed between Mapes’ felonies of perjury and attempted obstruction ofjustice and his service as Chief of Staff. As alleged in the Indictment, Mapes’ criminal conduct that resulted in his convictions was undertaken to hide certain actions and communications that occurred when Mapes was Chief of Staff for the Speaker, and involved the Speaker, other current and former members of the House of Representatives, current and former lobbyists, and others with legislative business before the House. […]
“Causal Connection” Test
[…] The court records available to this office also establish that Mapes’ felonies arise out of his employment as Chief of Staff or his knowledge gained from that position. […]
In sum, Mapes was in a position to commit these offenses because of the knowledge gained in his capacity as Chief of Staff for the Speaker. Mapes was employed as a senior aide to the Speaker for over 25 years. In this role, he obtained information related to the activities of the Speaker, as well as other current and former elected officials, and took actions and communicated with others in that capacity. Mapes attempted to hide these communications and actions. Mapes’ false statements, and the corresponding obstruction, thus clearly related to his public employment
CONCLUSION
Based on the records of the United States District Court of the Northern District of Illinois provided to this office, Timothy Mapes was convicted of felonies requiring the forfeiture of his pension benefits under the State Employees’ Retirement System pursuant ot section 14-149 of the Illinois Pension Code. However, pursuant to Illinois case law, he does retain the right to a refund of his contributions ot the system.
This is not an official opinion of the Attorney General. If we may be of further assistance, please advise.
…Adding… Comptroller Susana Mendoza…
I agree with Attorney General Kwame Raoul’s opinion that Tim Mapes’ state pension should be forfeited.
As I have stated all along, it is my personal opinion that anyone convicted of violating the public trust should be stripped of their taxpayer-funded pension.
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* Shortly before Biden left office, the Department of Justice announced a memorandum of agreement with the Sangamon County Sheriff’s Office and other local governments in the wake of Sonya Massey’s killing. The WaPo did not post the correspondence online, so we’ll just have to wait and see what happens…
The Justice Department has ordered the civil rights division to halt much of its investigative activity dating from the Biden administration and not pursue new indictments, cases or settlements, according to a memo sent to the temporary head of the division that was obtained by The Washington Post. […]
A separate memo sent to Wolfe on Wednesday says the civil rights division must notify the Justice Department’s chief of staff of any consent decrees the division has finalized within the last 90 days. That directive suggests that police-reform agreements the Justice Department has negotiated with cities including Minneapolis, Louisville and Memphis could be in jeopardy. […]
In December, the department announced a federal oversight agreement with the city of Louisville, where the 2020 police killing of Breonna Taylor helped spark nationwide justice protests. In early January, the civil rights division forged a police accountability plan with city leaders in Minneapolis, where the police killing of George Floyd galvanized the nationwide protests even further. Neither has been approved by a judge.
* Meanwhile, some far-right types attended a press conference today held by Gov. Pritzker and Mayor Johnson…
Q: Governor, what’s your response to people who might say that Democrats are the ones sowing chaos, confusion and fearmongering when talking about mass deportations that haven’t even happened in Chicago?
Pritzker: How can you say that we’re overreacting somehow? We’re not. They’re the ones, I’m talking about Donald Trump and his administration, Tom Homan, people at the Department of Homeland Security. They’re the ones that are threatening people, again, who are law abiding, who are often the anchors of their communities, who are paying taxes in this country. They’re the ones who are threatening people. We’re just standing up for people who live in our state and in our city. […]
Q: But rather than spending that amount money, focusing here, the amount of money you’ve spent on harboring illegals for the last four years and protecting them. And after Mayor Johnson’s email that just went out yesterday saying they’re going to spend more money on protecting illegals at the expense of American citizens, in particular on the West Side and the South Side, got representatives here, you got politicians over here why not invest that money there? And the second question is-
Pritzker: No, sit down, I’m going to answer that question. No we’re going to move on, we’re going to move on. Let me answer.
[cross talk] Q: President Trump- [cross talk]
I’m going to answer your question. The money that we spend in the state of Illinois is about protecting the residents of the state of Illinois.
Q: Citizens! Citizens!
Pritzker: That is what it is about. We will stand up for anybody who is standing up for the law. We follow the law in the state of Illinois, I’m very concerned that Donald Trump and the federal government is not going to be following law. Indeed, they have proposed getting rid of birthright citizenship for many families. Imagine, I mean my own family, many families that came to this country years ago, right? Who who have made successful lives over many years, that opportunity would be completely cut off. It’s unconstitutional. What they’re suggesting. It’s in the Constitution that we protect birthright citizenship. We all ought to stand up for the Constitution. This president does not. […]
Q: What about the Venezuelans? Why don’t you collaborate with ICE? [cross talk]
Please pardon any transcription errors.
* ISBE…
The Illinois State Board of Education (ISBE) has released Non-Regulatory Guidance on Immigration Enforcement Actions, providing actionable steps for schools to take to prepare to respond to immigration enforcement actions on school property under the Trump Administration. […]
When adopting policies on the level of cooperation - or non-cooperation - with ICE, ISBE guidance advises that school boards and superintendents should consider the following course of action:
• Adopt policies and set forth administrative guidance that clearly explains the steps their schools should take in the event immigration enforcement personnel seek to carry out an enforcement action or otherwise request information from schools.
• Establish a point person or department where ICE personnel can be directed should they arrive on campus. This might include a legal office, superintendent, or chief executive officer.
• Establish a point person or department to review records requests or subpoenas arriving from ICE or other related authorities as well as keep track of ICE requests in case this information is needed for future reference.
• A school’s policy should be made available to and discussed with instructional staff, administrative staff, and other staff and faculty members who might otherwise be on campus.
• Schools should ensure that their student data-sharing policies are up to date and that such policies are readily available to all faculty and staff as well as all third-party contractors who might have access to student data.
• Instructional staff, administrative staff, and other staff and faculty members should receive appropriate training to ensure proper implementation of school policies.
• Schools should encourage parents to keep their child’s emergency contacts updated and accurate.
• Schools are encouraged, to the extent possible, to have policies and procedures in place in the event a student’s parent is detained or deported.
* These numbers are not huge, to say the least. But it’s early…
According to U.S. Customs and Immigration Enforcement (ICE), the agency reported more than 460 arrests in a time period spanning Tuesday to Wednesday in a nationwide effort that included Illinois, Utah, California, Minnesota, New York, Florida, and Maryland.
Those arrested had criminal histories, including sexual assault, robbery, drug and weapons charges, and domestic violence, the agency said.
ICE also issued 420 detainer requests, which request that jails notify ICE when undocumented individuals are released from custody.
* Click here for the TRO…
* More from Isabel…
* WCIA | Illinois LGBTQ organization responds to Trump executive order slashing gender identity protections: In an email sent Tuesday night, Equality Illinois CEO Brian Johnson said to supporters while this executive order has a broad scope and could impact many areas, the orders do not go into effect immediately.
* Tribune | Chicago schools, churches and hospitals vow to protect migrants in US illegally after Trump lifts ban that limited immigration arrests in safe spaces: During a visit to the Basilica of Our Lady of Guadalupe in Mexico City, Cardinal Blase Cupich, archbishop of Chicago said that the reports of the mass deportations in Chicago are “disturbing,” according to a news release. “The Catholic community stands with the people of Chicago in speaking out in defense of the rights of immigrants and asylum-seekers,” he said, adding that the church “would also oppose all efforts by Immigration and Customs Enforcement and other government agencies to enter places of worship for any enforcement activities.”
* WGN | CTA, Chicago launch ‘Know Your Rights’ ads after Trump ICE threats: The ad campaign, featured on over 400 screens across CTA buses and trains, directs riders to online resources and guidance for visits by U.S. Immigration and Customs Enforcement (ICE).
* AP | Here’s why some of your social media accounts appear to have automatically followed President Trump: After the new president is sworn in, the Facebook and Instagram accounts of the previous administration are archived and the posts, as well as followers, are preserved. These followers are then transferred to the new official accounts.
…Adding… From AG Raoul…
JOINT STATEMENT FROM ELEVEN STATE ATTORNEYS GENERAL: STATE AND LOCAL LAW ENFORCEMENT CANNOT BE COMMANDEERED FOR FEDERAL IMMIGRATION ENFORCEMENT
Chicago – Attorney General Kwame Raoul, along with the attorneys general of California, Colorado, Connecticut, Hawaii, Maryland, Massachusetts, New Mexico, New York, Rhode Island and Vermont, today issued a joint statement addressing a memorandum from a Trump political appointee at the U.S. Department of Justice addressing state and local involvement in federal immigration enforcement:
“It is well-established — through longstanding Supreme Court precedent — that the U.S. Constitution prevents the federal government from commandeering states to enforce federal laws. While the federal government may use its own resources for federal immigration enforcement, the court ruled in Printz v. United States that the federal government cannot ‘impress into its service — and at no cost to itself — the police officers of the 50 States.’ This balance of power between the federal government and state governments is a touchstone of our American system of federalism.
“Despite what he may say to the contrary, the president cannot unilaterally re-write the Constitution. The president has made troubling threats to weaponize the U.S. Department of Justice’s prosecutorial authority and resources to attack public servants acting in compliance with their state laws, interfering with their ability to build trust with the communities they serve and protect. Right now, these vague threats are just that: empty words on paper. But rest assured, our states will not hesitate to respond if these words become illegal actions.
“As state attorneys general, we have a responsibility to enforce state laws, and we will continue to investigate and prosecute crimes, regardless of immigration status. We will not be distracted by the president’s mass deportation agenda.”
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* St. Louis Public Radio…
[Ted Kaye of the North American Vexillological Association] and fellow flag enthusiasts have even put together their own edits of some of the final designs, which had been whittled down from a field of nearly 5,000 by members of the Illinois Flag Commission.
The fundamental changes made to the finalists center around simplicity and being able to identify a flag at a distance.
“I think it’s very important to get back to that fundamental purpose of discernibility and memorability,” Kaye said. “Each of these designs could be made more simple and more effective as a design. There are some that just don’t really say Illinois, and others that really do. And those that say Chicago.”
For instance, Kaye said he’d change every flag with a six-point Chicago star for a classic five-point star to better represent the entirety of the state.
Through Feb. 14, you can vote once every 24 hours on 10 finalists. Click here to vote.
* The original options…
* Here are Kaye’s redesigns…
What are your thoughts? Are these redesigned flags any improvement?
…Adding… [By Rich] From Prairie Band Potawatomi Nation on not being selected as a finalist by the state panel…
“As leaders of the Prairie Band Potawatomi Nation, we express our profound disappointment in the decision not to select a new design for the Illinois state flag that acknowledges the historic and enduring contributions of Tribal Nations to the region.
“Illinois takes its name from the Illiniwek Confederation, a collective of Indigenous Nations whose lands, cultures and governance shaped this region long before statehood. Tribal Nations, including the Prairie Band Potawatomi Nation, maintain deep connections to these lands and continue to contribute to the state’s cultural and historical richness.
“A new state flag was a meaningful opportunity to educate the public, honor the past, and demonstrate a commitment to reconciliation with the Indigenous peoples of this land.
“We urge Illinois leaders and residents to reflect on the significance of inclusion and to consider how the state can better represent and honor its shared history. A future where Illinois acknowledges its Indigenous foundations is not only possible but necessary for fostering mutual respect and understanding.
“The Prairie Band Potawatomi Nation remains committed to dialogue and partnership, and we stand ready to support efforts that center truth, respect and recognition in the state’s symbols and policies.”
The nation’s submission…
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