With the passage of the Climate and Equitable Jobs Act (CEJA) 18 months ago, electric utilities were forced to accept additional consumer rate protections enforced by the Illinois Commerce Commission (ICC), but unfortunately gas utilities were left untouched.
Now, the skyrocketing and unpredictable natural gas market will cause well-resourced consumers to install electric heat pumps or build electric heated homes. Those who make the switch will be protected by the regulatory authority of the ICC, which can require transparency and accountability when it comes to prices consumers pay for electricity.
But those who cannot afford to make the shift and remain reliant on natural gas — most of whom are lower-income Black and Brown people and rural residents in Illinois — will have almost no regulation on prices charged by their utilities. The cost to consumers will continue to rise if we leave unchecked the gas utilities’ desire to charge consumers an ever increasing amount for expansion of their natural gas infrastructure. […]
To hold gas utilities accountable and protect consumers, we should enact new laws requiring:
• An audit of the gas distribution infrastructure, so we know how our money has been spent in the last decade;
• Gas distribution planning, so the ICC can better rule on which expenses are necessary;
• Safety standards for gas pipes and distribution, so we can accurately determine what must be replaced and we don’t end up replacing infrastructure unnecessarily.
• An end to the qualified Infrastructure Plant (QIP) charge on consumer bills, which is costing customers as much as $40 per month even with little or no gas usage;
• Energy efficiency programs must be adopted for gas utilities, as they are on electric utilities;
• Require utilities to offer lower rates for low-income customers, so they can get additional relief;
• Allow the ICC to require gas companies to maximize federal funds, so we can minimize the burden on Illinois ratepayers;
• Have performance-based regulations for gas utilities, as we have for the electric utilities, so we can ensure the gas companies’ profits are as promised in the rate making process;
• Pay for the system using volumetric rates, not customer charges — so those who use more gas pay more;
• Improve compensation for intervenors (those who advocate on behalf of consumers in rate cases);
• Initiate new protections against shut-offs and additional payment plan mechanisms.
* After the Gannett/Gatehouse merger, the company got rid of 59 percent of its employees, according to Nieman Lab…
At the end of 2018 — the last full pre-merger year — the two companies had a total of 27,600 employees, according to a Gannett spokesperson. The merger closed in mid-November 2019, by which time it had about 25,000 and was diving headlong into a hunt for “inefficiencies.”
By December 31, 2019, the combined company was down to 21,255. By the end of 2020, that had dropped to 18,141. A year later: 13,800. And its most recent SEC filing reports that, as of the end of 2022, Gannett had just 11,200 employees remaining.
In other words, Gannett has eliminated 59% of its jobs in four years. It’s as if, instead of merging America’s two largest newspaper chains, one of them was simply wiped off the face of the earth.
* Whoever is running this Twitter account has better political investigatory skills than most if not all political reporters in Chicago. Their oppo is almost always the goods…
Perhaps one of our favorite Vallas quotes comes here, "If I have to break the law, I'll break the law."
Recently Mayor Lightfoot took fire for asking teachers to recruit students for political work. It seems Vallas also previously "used children as pawns" for politics. pic.twitter.com/1JH5W7J4bI
The diversity/equity/inclusion mandate remains in place at the University of Illinois. But it’s been repealed at the University of North Carolina system.
This week, the UNC system board removed the compelled speech requirement because it was advised that requiring salutes to the DEI ideology as a condition of hiring and admissions is at odds with free speech. […]
Colleges and universities across the country, including the UI, have embraced the DEI loyalty tests as a means of ensuring either complete political conformity or silence on controversial issues inside and outside the university.
I reached out to UIUC and heard back today from Vice Chancellor for Diversity, Equity & Inclusion Sean Garrick…
Dear Rich,
I’m sorry, but I’m not sure what the “diversity/equity/inclusion mandate” to which Mr. Dey refers to in his column. At the University of Illinois we have no “loyalty tests” of any nature. As a university, we encourage open, robust and wide-ranging debate, discussion and exploration of ideas and concepts – some of which are certainly considered controversial.
The idea that our university encourages conformity whether through formal policies or through informal avenues is absolutely false. Academic freedom is fundamentally about guaranteeing faculty members the freedom to explore “dangerous” ideas and ask difficult questions – the exact opposite of conformity. Mr. Tripp’s statements speak to the actions by the University of North Carolina and it is not appropriate for me/us to comment on governance decisions of another university.
Sincerely,
Sean
* IDPH…
IDPH Director Dr. Sameer Vohra warned that cases of group A strep throat leading to severe complications are on the rise in Illinois, with more cases reported in 2023 than in any of the past five years.
“As COVID-19 cases and community levels remain stable, I want to share my concern about the growing number of strep throat cases in Illinois that are leading to severe complications,” Director Vohra said. “These cases, known as invasive Group A strep, are the result of disease spreading from the throat to blood, muscle and lungs. I urge parents to contact their health providers when their children start showing early symptoms. These symptoms include sudden onset of sore throat, pain when swallowing and fever. Early detection is critical as strep can be diagnosed with a simple test and treated with antibiotics. If able, please make sure everyone in the house is up to date with flu and chickenpox vaccines. Having either the flu or chickenpox can increase your risk of contracting invasive Group A strep.”
Parents and others can get more information about Group A strep at this CDC resource page.
* Press release…
U.S. Senate Majority Whip Dick Durbin (D-IL), Chair of the Senate Judiciary Committee, today released the following statement regarding the decision by the Department of Justice and the Federal Bureau of Prisons (BOP) to temporarily convert United States Penitentiary (USP) Thomson into a low-security prison and enhance training for the hundreds of Thomson staff who will all remain employed at the institution:
“Today’s announcement is good news for the Thomson facility—it remains part of the Federal prison system, with no elimination of staffing positions, and it will help relieve some of the current overpopulation pressures BOP is experiencing at low-security facilities nationwide.
“When Thomson was purchased by the Federal government more than ten years ago, one of our goals was to help address the urgent overcrowding problem at our nation’s Federal prisons, as well as make it the safest prison in the nation—for both incarcerated people and staff. As part of these reforms and improvements, Thomson staff will have the opportunity to participate in intensive training to promote a more positive culture and ensure that Thomson is a safe and secure facility with a focus on rehabilitation and reentry. I look forward to seeing Thomson reach its full potential with this temporary conversion.”
BOP moved all remaining individuals in the Special Management Unit (SMU) and Reintegration Unit (RU) from Thomson in February 2023. Thomson will now house approximately 1,178 low-security adults, which will relieve some of the current overpopulation pressures BOP is experiencing at low-security facilities nationwide. Thomson plans to begin receiving inmates the week of April 10, starting with one unit a month. The adjacent Minimum Security Satellite Camp will be unaffected throughout the transition of the institution.
Beginning in 2009, Durbin was instrumental in the acquisition and activation of Thomson Prison—converting it from a state correctional facility to a Federal prison.
…Adding… US Sen. Tammy Duckworth was interviewed by the Hollywood Reporter. Lots of talk about pop culture and then…
There’s been so much debate about identity politics and its role in defining our political discourse. What’s your take?
I wasn’t a mom when I was first elected to Congress, but I thought I was pretty progressive. Then I became a mom and I was traveling back and forth from Chicago to D.C. twice a week trying to express breastmilk to feed my baby and I was told, “Oh you want to pump breast milk, go do it in the handicap stall of the bathroom,” or worse, “Go plug your breast pump in at that outlet where everyone else is charging their cell phone.” So I passed legislation called the FAM Act (Friendly Airports for Mothers) which now means every airport in America has to have a lactation room. And I’m really proud that I wrote that law which I would never have had if I had not been a mom. I also wrote legislation to force airlines to report how many times they break medical-assisted devices because about every third time I get on an airplane some part of my wheelchair gets broken. Before I used a wheelchair it never occurred to me. So yeah, identity is important. Identity does matter. Lived experience matters. You have to look at it not as something that puts us in categories but that makes life better for all of us. So it’s important to have greater diversity and sometimes you’ve got to be conscious of that diversity which is why I fought so hard to have an Asian American nominated as a cabinet secretary. It’s important for the rest of the world to look and see and go, “Oh wow, that’s a really diverse cabinet. That’s America.”
* WAND | Pritzker announces personnel transitions at Illinois Commerce Commission: Governor JB Pritzker announced that Illinois Commerce Commission Chairman Carrie Zalewski is stepping down from her position in June. As the commission continues implementation of the Climate and Equitable Job Act and prepares for cases later this year, Pritzker also announced plans to nominate former ICC Chair Doug Scott to replace Zalewski.
* Crain’s | New York joins the Walgreens-abortion pill fray: New York state has stepped into the fray surrounding national retail pharmacies and abortion pills. Gov. Kathy Hochul and Attorney General Letitia James are asking Walgreens, CVS and Rite Aid to commit to dispensing the abortion pill mifepristone in their state.
* Chicago Tribune | Brandon Johnson and Paul Vallas clash at latest forum: ‘Race is an issue’: The contentious exchanges happened during a 90-minute forum hosted by the My Community Plan Foundation at the DuSable Black History Museum. For the first hour, the session was largely cordial until the two contenders, who just last week made the April 4 runoff election, were asked if they support a third airport in the Chicago area. Both said yes.
* WCIA | EIU faculty and staff vote ‘yes’ to authorize strike: In a news release, EIU UPI President Jennifer Stringfellow said: “This vote sends a clear message to EIU administration that we’re all in. Our members resoundingly reject what they are offering at the table. We don’t want to strike, but we’re willing to do this to ensure EIU students get the high-quality education they deserve and that our members get a fair contract.”
* Crain’s | In rebuilding Ryan Field, Northwestern needs to protect local businesses: Northwestern’s slick public relations campaign claims the new Ryan Field will “build generational wealth for Black and Brown families.” As the owner of one Central Street’s few black-owned businesses, I have my doubts. What I see, instead, is a university that wants to run a for-profit concert business at the expense of one of the country’s nicest business districts. I see powerful Evanstonians coalescing behind the plan and cynically using artificial promises of Black wealth as cover.
* Center Square | Illinois again takes top spot in pumpkin production: It’s been many years since any other pumpkin growing state has beaten Illinois in pumpkin production. Raghela Scavuzzo, executive director of Illinois Specialty Growers, said Illinois produced 651.9 million pounds of pumpkins in 2021, 39% of all the pumpkins produced in the U.S.
* Sun-Times | How and why Chicago dyes the Chicago River emerald green: In the last 61 years, dyeing the river has become a world-renowned tradition, despite some pushback from environmental groups . And it’s happening again this weekend, a few hours before the start of the downtown Chicago St. Patrick’s Day parade, sponsored by Chicago Plumbers Local 130.
OK, take aside the bill in question. South Dakota governors can literally veto a bill using a branding iron that's shaped like the word "VETO?" https://t.co/diNcJo0DN0
Governor Kristi Noem is issuing her first veto of this legislative session. Noem rejected a measure yesterday that would have allowed municipalities to charge a higher tax on people staying at lodging places. The governor announced the veto with a picture of her using a branding iron to stamp her rejection onto the measure. The original House and Senate votes fell short of short the two-thirds majority that will be needed to override the veto.
Last month, [Rep.] Hernandez introduced legislation that would allow DACA recipients to be considered for law enforcement positions statewide. […]
With a vote of 9 to 4 Thursday, the bill moves out of committee to the full House floor. […]
Representative John Cabello is a police officer who voted against the bill for several reasons, chiefly the concern for officers’ safety as a DACA officer could not legally have firearm when not on duty.
[From Rich: The Chicago FOP slipped in favor of this bill, believe it or not. The Illinois Association of Chiefs of Police slipped in opposition. Blue Island’s police recently hired a DACA recipient.]
A proposal at the Illinois Statehouse would legalize and regulate “natural organic reduction,” a process in which human remains are rapidly decomposed into compost. The process is also known as human composting or terramation.
That process turns human remains into dirt over the course of several weeks. Companies that offer this service place a person’s remains in a vessel with wood chips, straw and other organic material and heat it to accelerate the growth of microbes that break down the body. This is distinct from “natural burial,” in which a body is buried with no casket or in a biodegradable container.
The measure, House Bill 3158, passed in the House Energy and Environment Committee on Tuesday on a 16-10 vote. It now goes to the House for consideration, although its sponsor, Rep. Kelly Cassidy, D-Chicago, said an amendment to the bill is likely. […]
“Turning the mortal remains of a human person into compost for the purpose of fertilization, as one would with vegetable trimmings or eggshells, degrades the human person and dishonors the life that was lived by that person,” [Daniel Welter, the recently retired chancellor of the Archdiocese of Chicago] said during the committee hearing.
A bipartisan group of state lawmakers is trying to help more Illinoisans get access to fentanyl testing strips.
The Illinois Department of Public Health reported more than 3,717 drug overdoses involving fentanyl during 2021. IDPH explained that is equivalent to losing 10 Illinoisans each day.
House Republican Leader Tony McCombie (R-Savanna) told the House Public Health Committee Thursday that her bill could allow pharmacists and retail stores to sell fentanyl test strips over the counter. County health departments could also distribute the test strips to the public for free. […]
House Bill 3203 passed unanimously out of the House Public Health Committee. All committee members signed on as co-sponsors with McCombie.
Rep. Curtis Tarver II (D-Chicago) said Wednesday that the state should separate soda from liquor that looks like soda. His proposal could prohibit retailers from displaying alcopop drinks next to soft drinks, juice, bottled water, or snacks catered to young customers.
Rep. Natalie Manley (D-Joliet) said this could also be helpful for adults who don’t realize what they’re buying or drinking because they think it is carbonated water. […]
The Illinois Retail Merchants Association is working with Tarver to ensure the plan can be properly implemented at stores of all sizes. Members of the House Executive Committee unanimously approved the plan and it now heads to the House floor for second reading.
* Change IL…
In an effort to strengthen Illinois’ ethics laws and take on corruption, Rep. Abdelnasser Rashid and the CHANGE Illinois Action Fund call on Illinoisans to support and lawmakers to advance legislation that would fully empower the Legislative Inspector General who investigates allegations of wrongdoing in the state’s legislative branch.
HB 2892, introduced by Rashid, would build on previous ethics successes by the Illinois General Assembly that allowed the Legislative Inspector General to start investigations without approval by strengthening the tools available to the Office of Legislative Inspector General to fully investigate claims of corruption, harassment and other wrongdoing in the legislative branch, making it as empowered and independent as other inspectors general in government. […]
The office of the Legislative Inspector General should be given the full, independent authority it needs to conduct investigations and to publish all results of founded investigations without roadblocks. The following, specific changes in HB2892 would bring the Legislative Inspector General’s authority more in line with the authorities of other investigative offices, such as the Offices of the Executive Inspectors General.
A measure that would make it easier for Chicago’s first responders to acquire full disability benefits if they were sickened by COVID-19 gained traction Thursday when it passed through a state legislative committee.
State Rep. Jay Hoffman, the chief House sponsor of the bill, said under the measure it would automatically be assumed that working conditions for Chicago police officers and firefighters directly led to them contracting COVID-19 that led to a disability. […]
The bill was inspired by the brother of Illinois Comptroller Susana Mendoza, whose brother, Chicago police Sgt. Joaquin Mendoza, was infected with COVID-19 and fell badly ill, but was denied full disability benefits by the Policemen’s Annuity & Benefit Fund of Chicago.
For months, we have been exposing how in Illinois, a dangerous criminal record may not stop people from becoming licensed massage therapists. […]
Two bills have been introduced in the Illinois state House of Representatives. The possible changes to state law are now being discussed by lawmakers – following our months of reporting, exposing issues with how massage therapy licenses, and more, are handled in Illinois. […]
One bill, HB3584, would ensure the state’s licensing office has all records of felony convictions, and make sure a crime victim knows they have a right to file a formal complaint with the state against someone licensed by them.
The other, HB3583, would require a worker such as a state licensed massage therapist to undergo the same checks and reviews as other health care workers - like a certified nursing assistant.
Paul Vallas’ Facebook account liked a series of comments that attacked Democrats, referred to Chicago as a “hell hole” and “S—cago” and labeled Illinois Gov. J.B. Pritzker “the king of full term abortion,” a Tribune review of his social media found.
How long before he changes his tune and claims this account, like his Twitter account, was hacked?
Vallas’ account also criticized a state law that establishes health and sex education standards starting from kindergarten and is condemned by some conservative and anti-LGBTQ groups — including Awake Illinois, a suburban group that has taken extreme positions and called Pritzker a “groomer.”
A couple months before the governor’s signed that measure into law, a June 2021 post on Vallas’ Facebook account opened with “THE BEGINNINGS OF A PARENT LED REVOLUTION?” and praised his fellow critics of teachers unions in the fight over in-person schooling during the pandemic.
“Despite those successes, SB 818, which clearly transforms sex education into sexuality education beginning at a very young age, sits on the Governor’s desk awaiting his signature,” Vallas’ post wrote. “Parents should tell the Governor to veto that legislation.”
That “sexuality education” phrase sounds very similar to what the Awake Illinois types are saying. If he was running for a Palos school board seat, Gov. Pritzker might be targeting him for defeat. /s
* Last night’s mayoral debate wasn’t televised, but you can click here for some live coverage.
Both mayoral candidates are calling on the City Council to wait for the new administration and council before acting on Mayor Lori Lightfoot’s proposed franchise agreement with Commonwealth Edison.
Paul Vallas had a suggestion on how to improve the deal, which Lightfoot unveiled last month in hopes of a quick vote before the election that took place Feb. 28. In a brief interview, he said a new deal with ComEd “has to deal with the outstanding bills people have.”
Echoing former Gov. Pat Quinn, with whom Vallas ran alongside as lieutenant governor nominee in his unsuccessful re-election bid, Vallas said a new franchise agreement with the scandal-tarred utility should have provisions to provide relief to customers behind on their bills in the form of amnesty or something similar.
Johnson essentially punted the question.
* The Chicago Teachers Union just transferred $500,000 in union dues to one of its political action committees. Since the day after the election, their mayoral candidate Brandon Johnson has reported raising almost $1.8 million, while Paul Vallas has reported raising a bit over $2.2 million. That CTU money could bring at least some temporary parity between the candidates.
*** UPDATE *** Vallas just reported receiving about $960K in contributions. So much for parity. IBEW Illinois gave him $100K.
To: Interested Parties
From: Celinda Lake, Daniel Gotoff and McCauley Pugh, Lake Research Partners
RE: New Poll in Chicago Shows Brandon Johnson Leading Paul Vallas in Mayoral Runoff
Date: March 9th, 2023
A recently conducted survey of 800 likely mayoral runoff voters in Chicago reveals public school teacher and Cook County Commissioner Brandon Johnson leading Paul Vallas in the race for mayor with less than four weeks till election day. As long as he has the resources to mount robust communications and field efforts over the coming days, Brandon Johnson begins the runoff sprint well-positioned for victory.
● Brandon Johnson takes 45% of the vote to Vallas’ 40%, while 14% of voters are undecided and 1% support someone else. Johnson not only starts out with an 5-point overall lead Vallas, in a survey with a margin of error of +/-3.46%, but he boasts an even larger lead in strong support, as 37% of voters are strong Johnson supporters compared to just 30% who feel similarly about their support for Vallas.
In sum, the race for Mayor of Chicago is highly competitive. Brandon Johnson has a notable lead, but it is small enough that he could fall behind if he is substantially out-communicated. Brandon will need to launch vigorous media and voter contact campaigns to expand on his early lead—especially in the face of such a well-heeled opponent.
—————-
Lake Research Partners designed and administered this survey via phone using professional interviewers. The survey reached 800 likely 2023 runoff voters in Chicago. The survey was conducted March 2-7, 2023. The margin of error for the base sample is +/-3.46% and larger for subgroups.
That “he could fall behind” bit is basically the pollster’s way of pleading with supporters to pony up harder for their client.
* We’ve talked more than once about how Brandon Johnson’s radio show produced a treasure trove of oppo. It’s now Vallas’ turn in the barrel…
A year before he became one of two Democrats left standing in the race for Chicago mayor, Paul Vallas went on a conservative radio show and mocked the last two Democratic presidents.
Appearing on Chicago’s Morning Answer (AM 560) program, Vallas rolled his eyes at former President Barack Obama and first lady Michelle Obama as they spoke about their new library in Hyde Park and laughed about them living in Martha’s Vineyard. Vallas, in a separate appearance a few months later, questioned whether President Joe Biden actually was the one running the White House. […]
On the Morning Answer program, Vallas was a regular substitute for co-host Dan Proft, a conservative political activist who lives in Florida but is a former Illinois resident. Proft ran a political action committee that spent more than $14.5 million last year trying to elect Trump-allied Republican Darren Bailey against Democratic Gov. J.B. Pritzker.
At least he didn’t claim he was hacked or that somebody else impersonated him.
Also, setting aside what he said on the show, people who regularly substitute for Dan Proft are not generally considered liberals or moderates.
Keith Thornton was apparently a protester. More on him here. The Northwest Side has some weird political groups, and they’re all-in for Vallas.
* Isabel’s Chicago roundup…
* Block Club | Elizabeth Warren Endorses Brandon Johnson For Chicago Mayor: “Commissioner Brandon Johnson and I are both former public school teachers, and I can tell you that he understands what it takes to build a stronger Chicago for everyone. From education to public safety to housing, Brandon has a bold, forward-looking, progressive plan to move Chicago forward, and he has the experience to make those plans real,” Warren said in a statement.
* Streets Blog Chicago | Asked about CTA at debate, Johnson focuses on reliability, Vallas calls for more cops: Johnson’s response mostly focused on strategies to make transit operate more efficiently and keep CTA staffing at full strength so as to avoid service gaps. “Right now our public transit system is unreliable and it’s unsafe,” he said. “This is why I’m committed to making sure we’re making critical investments, particularly for working people who overwhelmingly rely on public transportation. So we’re going to increase the number of bus-only lanes… We’re going to make sure that there are traffic signals that give preference to [buses.]” […] In contrast, Vallas’s answer focused on addressing crime through more policing. “The CTA is on the verge of financial crisis,” he accurately noted. Vallas cited a stat (apparently solely reported by the conservative website Wirepoints, in an article that called for cutting CTA service) that CTA farebox revenue is only currently accounting for 18 percent of the operating budget when, under state law, it’s normally supposed to account for 50 percent.
* Block Club | Paul Vallas’ Facebook Page ‘Liked’ Comments Calling Chicago A ‘Hell Hole’ And ‘S—cago’ : The page also liked controversial comments about education, including one from Aug. 15 that said, “Shame on the ctu they don’t care about the kids lets get rid of all teachers and start from scratch.” In that same post, Vallas’ page also liked a comment in which a person wrote that “a parochial education is far superior to a public education.”
* ABC Chicago | Chicago alderman candidate for 21st ward claims opponent was untruthful on resume: Dantzler, who is a Navy veteran and retired Chicago firefighter, said while cleaning up the ward is his priority, his biggest concern is his opponent’s resume. “He told some lies about graduating from Morehouse College a lie that didn’t need to be told and when you tell lies what else are you going to lie about,” he said.
* Tribune | Fires continue to kill people in unsafe buildings as Chicago ignores problems with its inspection system: Chicago’s deeply flawed system for identifying and responding to life-threatening safety issues in residential buildings was exposed in a 2021 investigation by the Better Government Association and the Chicago Tribune. Reporters documented dozens of fire deaths in buildings where city regulators had been warned of potential fire hazards but failed to crack down on property owners in time.
* Adam Selzer | Conspiracy theories have long been part of Chicago politics. Consider the 1899 mayoral election: That spring, the incumbent Carter Henry Harrison Jr. squared off against Sanitary Board member Zina Carter, with former Gov. John Altgeld as a third-party spoiler. The Chicago Daily Inter Ocean’s coverage made Harrison sound like a regular Batman villain, with daily stories accusing him of fraud, blackmail, kidnapping and even murder, all aided by men with names like Nobby Clark, Cocoanut Morrisey, and Tommy the Clock. For a week, their pages were dominated by headlines that screamed “Murder For Harrison,” “Mayor’s Thugs Riot,” “Vice and Crime Reign” and “Shall the Scum Triumph?”
Former Commonwealth Edison CEO Anne Pramaggiore and three others set to stand trial starting next week for their alleged roles in the ComEd bribery scheme today won a few victories in advance of the proceedings.
U.S. District Judge Harry Leinenweber, ruling on a raft of motions before the trial begins on Tuesday, agreed that the deferred prosecution agreement ComEd struck with the U.S. attorney’s office in 2020 — containing ComEd’s admissions to the feds — shouldn’t be part of the government’s case. […]
Another win for the defense was Leinenweber’s denial of prosecutors’ attempt to bar defense lawyers from arguing that the conduct in evidence represented “politics as usual” and wasn’t illegal. That argument is one that’s central not just to this case, but to the trial scheduled for next year of Madigan in connection with the ComEd bribery scheme and other acts.
As a former Illinois state legislator himself, Leinenweber saw “politics as usual” up close. From the defense motion against barring that argument…
(T)he Government seeks to preclude evidence “regarding similar ‘political’ acts engaged in by others or suggesting that defendants’ conduct was simply part of politics or ‘politics as usual.’” But what counts as a similar political act? The Government does not say. If the motion is granted, the parties will undoubtedly have further disputes concerning whether certain acts are “similar” or “political.” Granting the Government’s motions to exclude these vague categories of information would thus replace the clear guidance of the Federal Rules of Evidence with murky boundaries, which is the exact opposite of what motions in limine are intended to do.
(T)he judge presiding over the upcoming trial of the four has ruled that secret recordings forming the backbone of the federal government’s case will not be widely released to the public once they are admitted at trial. Such release is standard practice in Chicago’s federal court. […]
The judge said transcripts of the recordings could be released — though much of what is said in the recordings has previously been divulged. […]
Leinenweber also ruled on several motions during Thursday’s hearing that will govern the trial. And he told attorneys that roughly half of jurors who have already filled out questionnaires could be ruled out of the case based primarily on their answers to three questions.
The questions centered on whether the jurors had already heard anything about the case, and whether they had any preconceived notions about lobbying, the state legislature, ComEd — or Madigan.
All that money spent ruining Madigan’s political brand is apparently getting some jurors booted.
McClain’s Agreed Motion by all defendants jointly to bar evidence or argument concerning an alleged rape in Champaign and the ATT Illinois [Deferred Prosecution Agreement] is GRANTED. […]
McClain’s Sealed Motion 1 in which Defendants McClain and Hooker seek to prohibit the Government from arguing that, as part of the conspiracy and to conceal the nature and purpose of their conduct, the Defendants often referred to Madigan as “our friend” or “a friend of ours,” rather than using Madigan’s true name is DENIED. While this evidence has less relevance in light of Defendant McClain’s prior cooperation with law enforcement, is still relevant as a desire of secrecy. […]
Pramaggiore’s Motion 5 in which Defendants Pramaggiore & Hooker jointly move to exclude any evidence, testimony, or argument concerning the draft introductory remarks written by Keisha Parker about Madigan for Pramaggiore to present at a fundraiser is DENIED. It is allowed for limited purpose of context regarding Madigan’s perceived value to ComEd. […]
Pramaggiore’s Motion 7 in which Defendants Pramaggiore, McClain, & Hooker jointly move to exclude evidence or argument concerning campaign contributions from ComEd, Exelon, or personnel of ComEd or Exelon to Michael J. Madigan, Friends of Michael J. Madigan, or the Democratic Party of Illinois is DENIED. While campaign contributions may be protected by the First Amendment, they may constitute illegal conduct under certain circumstances. It is illegal, for example, to tie a campaign contribution to a promise to vote in a certain way. […]
Doherty’s Motion 3-B to bar references or parallels between this case and gang cases or organized crime cases that use coded language to accomplish its criminal objectives and avoid detection by law enforcement is GRANTED.
Doherty’s Motion 3-C to bar argument that the JDDA contract was paid from the CEO budget as suspicious or a means to conceal the alleged crime is DENIED. The evidence is relevant for intent. […]
The Government’s Motion 3 to exclude argument or evidence designed to elicit jury nullification is GRANTED IN PART.
• 3-A: “Politics as Usual” is DENIED. Defendants may argue that their actions were lawful, constitutionally- protected activity.
• 3-B: Penalties Faced by the Defendants if Convicted is GRANTED.
• 3-C: Allegations of Outrageous Government Conduct is GRANTED.
• 3-D: “Golden Rule” Arguments is GRANTED.
The Government’s Motion 4 to exclude opinion evidence regarding legality is GRANTED There may be instances on cross-examination where such opinions may be relevant, but permission should be sought from the Court.
The Government’s Motion 5 to preclude evidence of, or making reference to, lawfulness, non-corrupt conduct, and prior good acts, except reputation or opinion evidence offered by character witnesses strictly in accord with Rule 405(a) is DENIED IN PART. Defendants may argue that their specific acts were lawful, but the motion is GRANTED as to conduct not alleged as corrupt (e.g., contributions to charitable organizations). […]
The Government’s uncontested Sealed Motion to preclude questioning of a witness concerning a sealed 1991 conviction, etc. is GRANTED.
* We used to have a regular feature at the dawn of this blog called “Friday Topinka blogging.” I’d post an image of our then-state Treasurer Judy Baar Topinka and the far-right trolls would come out of the woodwork to fight with the normies. The far-right hated her because she was a pro-choice woman who favored gay rights and they lost their ever-loving minds when she took over the Illinois Republican Party.
Good times.
But the game got old after the trolls scurried elsewhere and I literally ran out of online photos to post (the Internet wasn’t as all-encompassing back then). The cameras loved her and she always obliged…
* I bring this up because Rep. Jackie Haas delivered a speech on the House floor this week to commemorate International Women’s Day and honor Judy Baar. It’s worth a watch, even for you newbies who never had the opportunity to meet JBT…
* Gov. Pritzker | Make natural gas utilities more accountable to customers and the state: It’s unfair and costly to consumers to allow gas companies to get away with not providing basic transparency and safety information to consumers and regulators. During this legislative session we need to adopt a number of measures that will protect gas customers.
* Crain’s | Score a few for the defense as the ‘ComEd Four’ trial looms: Former Commonwealth Edison CEO Anne Pramaggiore and three others set to stand trial starting next week for their alleged roles in the ComEd bribery scheme today won a few victories in advance of the proceedings. U.S. District Judge Harry Leinenweber, ruling on a raft of motions before the trial begins on Tuesday, agreed that the deferred prosecution agreement ComEd struck with the U.S. attorney’s office in 2020 — containing ComEd’s admissions to the feds — shouldn’t be part of the government’s case.
* Chalkbeat | Illinois school funding formula is closing funding gaps for students of color, says report: That formula calculates a target funding level for every district based on the characteristics of the students they serve. For example, districts get additional money for English language learners, which can be used to hire bilingual teachers. The goal was to get each district “adequately funded” by 2027.
