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Friday, Jan 13, 2023 - Posted by Rich Miller

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Afternoon roundup

Friday, Jan 13, 2023 - Posted by Rich Miller

* I don’t think they’ve been assigned their new offices yet, but, yes, this will most likely happen when the newbies come back to town in a couple of weeks and see where they’ve been placed…


* Rep. Chris Miller (R-No Relation) rose on a point of personal privilege yesterday

I rise today in response to the Speaker’s comments yesterday attacking my wife as well as the Freedom Caucus in Washington for holding firm on their commitments to drain the swamp. I want to thank the 20 conservative patriots in the US House of Representatives for their efforts to stop reckless spending and debt that is crushing our country. Those 20 Members of Congress fought against the status quo to get hard spending caps so that Washington can actually cut spending at a time with record inflation and a $31 trillion debt. And this chamber on both sides of the aisle, we can learn a lesson from their courage. A broken Congress is a Congress that passes a 4,000-page 1.7 trillion omnibus bill that nobody read, passing in the middle of the night on Christmas Eve. That is something that cannot happen again, thanks to these 20 patriots. I’m proud that the Illinois Freedom Caucus is fighting fiscal sanity here in Springfield and my constituents appreciate the bold effort of 20 Freedom Caucus members for doing the same thing in Washington, DC. Thank you very much and God bless you.

“I’m proud that the Illinois Freedom Caucus is fighting fiscal sanity here in Springfield” is not a typo.

Anyway, I asked Rep. Miller what Speaker Welch had said about US Rep. Mary Miller. He wouldn’t say. So, I checked and re-checked Welch’s inaugural speech. The only thing I could find that might be about her was this passage

We must stand up to the extremists who want to pull us backward – because matters of basic human dignity shouldn’t be subject to the ideologies of politicians and judges.

…Adding… A commenter suggested that this might be it…

I also want to thank and congratulate our new Secretary of State Alexi Giannoulias. After what we all watched in Washington last week, you sure made this inauguration look like a model of efficiency.

* Isabel’s roundup…

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Pritzker heading to Davos

Friday, Jan 13, 2023 - Posted by Rich Miller

* From today’s Q&A after the governor signed the reproductive and gender affirming health care bill

Q: There’s word that you might be going to Davos for the conference there. If so, what do you plan to do to help the people of Illinois?

Pritzker: Well, I want to promote the state of Illinois. I was very pleased and honored to be invited to go to the World Economic Forum, just as I did last year, as you know, to COP 26 to promote our Climate and Equitable Jobs Act. While I’m in Davos I’ll be talking to, meeting with national leaders here from the the United States but also international leaders and promoting commerce for the state of Illinois, as well as the ideas that have really come forth from the state of Illinois that I think others may want to follow.

Q: Davos is made up of world leaders. Do you one day want to be on that stage as, perhaps, President? [laughter]

Pritzker: We’re the fifth largest state in the United States. We’re already on the world stage. [applause]

The conference will run from January 16-20.

Any suggestions for the governor?

…Adding… Press release…

Chicago— Governor Pritzker will travel to Davos, Switzerland next week to speak at the World Economic Forum Annual Meeting and promote Illinois’ achievements on the world stage. The meeting brings together world leaders across industries to discuss political and social priorities, this year focusing on the theme “Cooperation in a Fragmented World.” The Governor will also visit Germany for business development purposes.

“I’m looking forward to meeting with leaders from across various industries, nonprofits, and business over the course of next week to learn from the cutting edge work they’re doing and to share our own advancements here in Illinois,” said Governor JB Pritzker. “Our work on clean energy, our investments in infrastructure, and our dedication to technological innovation and growth are all world-class, and I’m excited to perform my role as Chief Marketing Officer for Illinois on the world stage.”

Governor Pritzker will participate in several forum events over the course of the week, including invitations to speak on panels and join roundtable discussions:

    • Tuesday, January 17th
    o American (Un)Bound Panel on the American Legislative Landscape
    • Wednesday, January 18th
    o Gathering of World Leaders: Roundtable on Navigating the New Energy Reality
    • Thursday, January 19th
    o Joint Governor’s Policy Meeting: Industry Infrastructure
    o Gathering of World Leaders: Roundtable on Chartering the Course to COP28

Governor Pritzker will be accompanied by First Lady MK Pritzker, Chief of Staff Anne Caprara, Deputy Governor Andy Manar, and Deputy Governor Christian Mitchell. Governor Pritzker will highlight the Climate and Equitable Jobs Act, the Reimagining Electric Vehicles Act and Illinois’ many commitments to clean energy and sustainable power. The Governor will also highlight the Rebuild Illinois Capital plan, one of the largest in the U.S., and our state’s nation leading work on reproductive health and gun violence prevention.

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*** UPDATED x2 - McCombie speaks - AG Raoul weighs in *** State’s attorney takes local sheriff to task for “unilateral approach” on gun ban law

Friday, Jan 13, 2023 - Posted by Rich Miller

* Background is here if you need it. Knox County State’s Attorney Jeremy Karlin

Last night Governor JB Pritzker signed into law HB5471, the Protect Illinois Communities Act. This act placed restrictions on the ability to possess military-style weapons and high-capacity ammunition magazines. The Act goes into effect immediately.

Knox County Sheriff Harlan has issued a statement stating that: 1) He is the chief law enforcement officer of Knox County; 2) That he has decided that the Act is unconstitutional; and 3) he will not enforce the Act or make arrests based on violations of the Act. I disagree with all three of these positions and encourage him to reconsider.

First, while this is largely semantic, Illinois Courts have repeated declared the state’s attorney to be the chief law enforcement officer of the county because he or she decides whether charges are filed. Second, the Protect Illinois Communities Act is presumed constitutional and enforceable until Illinois courts state otherwise. Third, until a court issues such a ruling, a law enforcement officer has an obligation to investigate crimes and enforce the law.

There is a process to address the constitutionality of a newly-enacted law. For example, I joined over 60 state’s attorneys in a law suit seeking that the Pre-Trial Fairness Act be found unconstitutional. A trial court sided with the State’s Attornevs and the issue is now before the Illinois Supreme Court. Until the trial court issued its decision in the last week in December, my office was prepared to enforce the Act starting on its effective date of January 1st. I urge the Sheriff to follow this example.

The sheriffs unilateral approach creates a problematic patchwork of enforcement. Apparently, no arrests or investigations regarding violations of the Act will occur in the county, but can still occur within municipalities like Galesburg, Abingdon, or Knoxville. Further, the Sheriff has pledged not to take into the jail those who are arrested in Galesburg or other cities for violation of this Act. Will those people be then housed in different counties at Knox County’s expense or will they just be released in the community? Furthermore, agree with the statute or not, it does give law enforcement another tool to keep firearms out of the hands of individuals whom we all agree ought not have them. It makes little sense to say that tool will not be used in any circumstance.

As law enforcement officers, our personal convictions regarding a particular act or statute are largely irrelevant. The legislature decides what the law is. The courts decide whether they are constitutional. Its up to the Sheriff and I to enforce the laws.

The Sheriffs conviction regarding the Act should not be allowed to have the effect of law in Knox County. Personally, I agree that the statue has constitutional issues. These need to be decided in a courtroom and not, in the back office of the Sheriffs Department.

The potential for uneven enforcement within counties is a good point. Anyway, discuss.

* Related…

* Sheriffs say they want no role in enforcing state’s assault weapon registry: Dozens of county sheriffs in Illinois — approximately “80-ish,” per Illinois Sheriffs’ Association head Jim Kaitschuck — say they’ll refuse to enforce a provision of a new assault weapons ban that would require owners of such guns to register them with the state. … [Chicago-Kent College of Law professor Harold Krent] contrasted the sheriffs’ move with state’s attorneys’ actions surrounding the cashless bail provision of Illinois’ SAFE-T Act, which was supposed to do away with cash bond in Illinois on Jan. 1. Despite grumbling from dozens of state’s attorneys in Illinois, even the staunchest opponents to the law were at least somewhat prepared to comply with it in the new year, at least until the Illinois Supreme Court stayed the law on Dec. 31, pending a full appeal.

* ADDED: Does Your Sheriff Think He’s More Powerful Than the President?: The Marshall Project collaborated with political scientists Emily Farris and Mirya Holman on a survey of America’s 3,000-plus sheriffs last year. More than 500 responded, and more than a dozen agreed to be interviewed after taking the survey. (Read about our methodology at the end of the accompanying story.) Though only a handful claimed membership in Mack’s group, more than 200 (nearly half of the respondents) agreed with him that their own authority, within their counties, supersedes that of the state or federal government. (Another 132 clicked “neutral.”) More than 300 — which account for one-tenth of America’s roughly 3,000 sheriffs — said they are willing to place themselves between a higher government authority and their constituents, an action they call “interposition.”

[Hat tip: JS Mill]

*** UPDATE 1 *** Attorney General Kwame Raoul was asked today “what can be done to protect the assault weapons ban and how you continue to address those sheriffs?” His response

First of all, as Attorney General, I get to weigh in to my legislators as to what our opinion is on pending legislation. Sheriffs have a Sheriffs’ Association. They have an opportunity to do the same.

But once the legislature passes legislation and the governor attaches a signature to it, it’s the law of the land that they have the duty that they’ve sworn an oath to enforce.

I will say also that as law enforcement agencies, there’s overlapping jurisdiction as well. So if they don’t do their jobs, there are other people available to do the job.

*** UPDATE 2 *** Mark Maxwell asked House Republican Leader Tony McCombie a very good question

Maxwell: During the pandemic and the use of the Governor’s executive pandemic powers, we saw a lot of law enforcement officials say ‘We choose not to recognize this assertion of power because it didn’t go through the legislature.’ They they saw it as executive overreach. Just this week, the legislature wrote new laws banning assault weapons, and the governor signed it into law, going through that proper process. And yet again, we have some law enforcement officials saying they won’t enforce the assault weapons ban. Do you fear that undermines the legitimacy of the legislature?

Leader McCombie: No, I don’t think so. I think that’s the question of the Constitution. In the bill, there’s nothing in there saying how they’re supposed to find these guns, how they’re going to go into people’s homes. Also, I believe the majority of the people believe in the Second Amendment and support the Second Amendment and that’s why they’re not going to do that. This bill will go to the courts for sure. And if it comes out the courts the favor of Second Amendment folks, they will come back and they will try to write another bill. This will be a never ending process. But this still, and we need to be honest, this is not going to do anything, this bill is not going to do anything about the root causes. It’s not going to stop gun crimes in Chicago or anywhere else across the state. And if we don’t get together and start addressing those issues, then this will never stop.

COVID times: We will not enforce this executive order because it didn’t go through the legislature!

Now: We will not enforce this duly passed law!

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Live coverage

Friday, Jan 13, 2023 - Posted by Isabel Miller

* Follow along with ScribbleLive


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« NEWER POSTS PREVIOUS POSTS »
* Mayor to announce school board appointments on Monday
* Reader comments closed for the weekend
* Isabel’s afternoon roundup
* Question of the day (Updated)
* Ahead of mass school board resignation, some mayoral opponents ask Pritzker to step in, but he says he has no legal authority (Updated x5)
* Governor’s office says Senate Republicans are “spreading falsehoods” with their calls for DCFS audit (Updated)
* Meanwhile… In Opposite Land
* Open thread
* Isabel’s morning briefing
* SUBSCRIBERS ONLY - Supplement to today’s edition and some campaign and court-related stuff
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Live coverage
* Selected press releases (Live updates)
* Pritzker traveling to Tokyo in two days to recruit businesses (Updated)
* Yesterday's stories

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