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* No charges will be filed against Sen. Mike Jacobs for allegedly punching Sen. Kyle McCarter on the Senate floor…
No criminal charges will be filed in connection with a scuffle between two state lawmakers on the Senate floor last week, Sangamon County State’s Attorney John Milhiser said this morning.
“This matter is best resolved internally by the Illinois Senate and not in the criminal courts,” Milhiser said in a news release.
* The Question: Do you agree or disagree with Sangamon County State’s Attorney John Milhiser not to prosecute Sen. Jacobs? Take the poll and then explain your answer in comments.
*** UPDATE *** I asked the Senate President’s office about the state’s attorney’s decision. Now that Milhiser has decided that this Jacobs thing should be “resolved internally,” I wrote in an e-mail, what are the Senate’s plans to resolve it internally? The e-mailed response…
We still haven’t received a copy of the report. And since Sen. McCarter declined to pursue a report with the Sergeant At Arms, we don’t have our own. Once we review the report, we will proceed with the appropriate course of action.
posted by Rich Miller
Tuesday, Jun 7, 11 @ 11:10 am
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Stupid incident between a couple of bullies. Let’s not make a bigger deal out of it.
Comment by Chicago Cynic Tuesday, Jun 7, 11 @ 11:11 am
Best solved internally? What kind of statement is that from an officer of the law? Remember that the next time you are assaulted, the law wants you to handle it internally. I guess we should say that to bullies on the playground (no suspension from school), battered wives (better call your brother and have him beat your husband), purse snatchers in the mall (granny, run that boy down and whack him upside the head).
If the Stat’e Attorney had said there was insufficient evidence to pursue charges, I’d at least understand the response. But to say that the law is not the venue to handle an assault is an affront to all law-abiding citizens, and sends the strong perception that Jacobs is receiving special treatment because of his elite status.
Comment by Cincinnatus Tuesday, Jun 7, 11 @ 11:15 am
Waste of taxpayer dollars.
Comment by Yellow Dog Democrat Tuesday, Jun 7, 11 @ 11:15 am
I think Milhiser has bigger political ambitions so he punted on this one for obvious reasons. There are two witnesses (state Sens. Bivins and LaHood) who say they saw and heard the events that McCarter alleges. Cullerton should look into this situation.
Comment by Hmm... Tuesday, Jun 7, 11 @ 11:15 am
both of these cavemen need to grow up…If Denny is gonna be a shill for Com Ed, SEn.Jacobs has to expect some blowback when he is giving the utility a gift like that…I don’t blame McCarter for calling him out on this at all…Jacobs could have defended his legislation without physical contact. I think that Jacobs on some level felt the criticism was justified and reacted without thinking…ahem…
Comment by Loop Lady Tuesday, Jun 7, 11 @ 11:15 am
Handle it internally … this is how it should go down:
McCarter admits the Sgt. at Arms did his job.
Jacobs first must admit, in a floor speech, what he had done, and that he (Jacobs) apologizes, in very plain language, to the entire body, then, specifically by name, apologize to McCarter.
Comment by Oswego Willy Tuesday, Jun 7, 11 @ 11:17 am
Agree. Cullerton needs to do something to show Jacobs what he did was unacceptable, but leave the criminal charges out of it.
Comment by Montrose Tuesday, Jun 7, 11 @ 11:18 am
I guess this once again confirms that there really is a two-tier justice system, one for the well-connected elites, and one for everyone else. Typical.
Comment by 2-Tier Tuesday, Jun 7, 11 @ 11:19 am
Cincy, comparing this incident to domestic abuse and the like is more than a bit over the top. I’d rather the state’s attorney focus the office’s limited resources on the types of crimes you mention in your post where the victims were more adversely impacted.
Comment by The Doc Tuesday, Jun 7, 11 @ 11:20 am
prosecute. Set an example that this simply will not be tolerated.
Of course we could adopt the antics of other countries and move to throwing chairs and brawling.
Comment by Justice Tuesday, Jun 7, 11 @ 11:20 am
Agree, the more I read about this the more I think it was not worthy of charges. Jacobs deserves to be reprimanded, but to call this assault is a bit much.
- Remember that the next time you are assaulted, the law wants you to handle it internally. -
Cinci, can you please take a breath? What’s next, should people get hauled to jail for spanking their kids? Should hockey players be put in prison for repeated assaults? Grow up already, the world isn’t black and white.
Comment by Small Town Liberal Tuesday, Jun 7, 11 @ 11:23 am
To the person posting as 2-Tier and Hmm… on this thread and Do Nothing?, Ruh, Roh…, Opinionator, and several other names on other Jacobs-related threads, pick a single name or find yourself banned for life.
Comment by Rich Miller Tuesday, Jun 7, 11 @ 11:24 am
I understand the SA in politically-charged Sangamon County not wanting to get in the middle of this, but until these guys have to live by the same rules as the rest of us, regular people will have absolutely no respect for government officials. This just adds fuel to that fire.
Comment by Amuzing Myself Tuesday, Jun 7, 11 @ 11:26 am
The Senate Rules should read:
“All rules listed above are then Null and Void if one member decides to get the courts involved, so every Rule of the Senate is, in reality, Moot.”
The Illinois Senate is not a typical workplace. The Illinois Senate is not a typical ANYPLACE. There should be decorum, there should be rules. The “boss” that they must answer to is the voter, specifically, the voters of their districts. This is not spousal abuse, teacher/student, or even parent/child …There are NOT 2 sets of laws, but a set of rules for something as unique as the Upper Chamber of the Illinois General Assembly and THAT is why jacobs is a fool for doing what he allegedly did and not responding better, and McCarter is a weasel for not recognizing the unique-ness of where he works and the unique-ness of his membership in this “club”.
Sad on all fronts.
Comment by Oswego Willy Tuesday, Jun 7, 11 @ 11:27 am
This is dumb we have wasted enough time with this matter. I don’t want to hear anymore about this conflict.
Comment by anon Tuesday, Jun 7, 11 @ 11:28 am
Sen McCarter needs to be reprimanded for his breaking senate rules for verbally abusing Sen Jacobs and his family on the floor. If McCarter eared to say this to the press or in his closet or wherever then OK but he broke Senate rules against this kind of verbal abuse.
Sen McCarter declined senate intervention as to peruse criminal charges.
The only one deserving senate actions is Sen McCarter.
Comment by Sue Tuesday, Jun 7, 11 @ 11:36 am
I concur with anon.
Comment by CLJ Tuesday, Jun 7, 11 @ 11:39 am
STL,
The world would be black and white if you smacked Jacobs in the chest. The world would be black and white if I smacked you in the chest. The world is only gray when it comes to the elite.
On the first day this happened, I said that Jacobs should immediately apologize, and the Senate Democrats should censure or expel Jacobs. Go ahead, look it up.
Since then, we have seen Jacobs demand an apology from McCarter, Jacobs’s Senate leader stay mum, Jacobs’s Democrat peers twiddle their thumbs, and any number of posters on this blog rationalize Jacobs’s actions and insult McCarter as less than a man and a whiner. Now we have the perception of an elite being protected by the system (even though Milhiser is a Republican, it seems time to circle the wagons).
Comment by Cincinnatus Tuesday, Jun 7, 11 @ 11:41 am
If one of my coworkers ever whacks me in the chest in front of witnesses and the local States Attorney refuses to pursue the charges, telling me to handle it internally, I’ll work very hard for his opponent in the next election. And say terrible things about him every chance I get.
Comment by Aldyth Tuesday, Jun 7, 11 @ 11:47 am
Both Senators, and maybe the others like LaHood who were shouting obsenities at Jacobs, should be reprimanded by the Senate President. That should close the book on this sorry chapter in the history of the state senate.
Comment by NW Illinois Tuesday, Jun 7, 11 @ 11:47 am
Agree - Prosecutor’s discretion properly exercised - ( probably should done more often )
Comment by x ace Tuesday, Jun 7, 11 @ 11:48 am
LaHood shouted obsenities? No wonder he has kept mum as far as newspaper quotes on this story.
Comment by Lil Enchilada Tuesday, Jun 7, 11 @ 11:49 am
Doesn’t McCarter own a company that tried to sell poles to ComEd and ComEd didn’t want to buy his product. Then he voted against the bill for Com Ed. Let’s write an article on that story. McCarter =double standard
Comment by anon Tuesday, Jun 7, 11 @ 11:53 am
What a joke – again in the Illinois legislature bad behavior is rewarded.
Comment by north side Tuesday, Jun 7, 11 @ 11:56 am
- The world would be black and white if I smacked you in the chest. -
No it wouldn’t. I’ve seen fights, I’ve been in fights, the law doesn’t always get involved. I would love to see you try to explain to a cop that he needs to arrest someone who smacked you in the chest. My guess is that unless he was really bored that day, he’d stay out of it.
Comment by Small Town Liberal Tuesday, Jun 7, 11 @ 11:56 am
agree with decision - it would have been a waste of resources because a legislator would have been the defendant, higher-ups would have needed to spend time on this rather than bigger crimes.
Comment by Robert Tuesday, Jun 7, 11 @ 12:00 pm
Agree w/ state’s attorney.
Political considerations aside, the Senate has rules of decorum. What’s alleged is a breach of decorum. No reason for the criminal justice system to get involved, and plenty of reason not to.
Comment by olddog Tuesday, Jun 7, 11 @ 12:20 pm
So everyone gets to take “one punch” at an enemy because it’s a waste of police/court resources? Riiiight. I don’t believe that the people saying “waste of resources” really mean it anyway. Do these people think every dollar spent on entertainment is a waste because it could be used to literally save lives (say by buying mosquito netting for Africa)? You can almost always find a more important use for a “resource”.
Comment by lake county democrat Tuesday, Jun 7, 11 @ 12:22 pm
lcd, you may not know this because you live way up north, but we have an appointed Republican state’s attorney here.
Also, the guy seems pretty solid to me. I haven’t met him yet, but his background is impressive. I was asked by a friend yesterday what I thought Milhiser would do, and I couldn’t answer the question because I don’t know him, but I posited that his GOP predecessor, John Schmidt, most assuredly would have said this is an internal Senate matter.
In other words, stick to the question and avoid cheap shots at the prosecutor. That’s all I need. lol
Comment by Rich Miller Tuesday, Jun 7, 11 @ 12:31 pm
@lake county democrat -
So far, the only one I’ve heard claim that a punch was thrown was Kyle McCarter.
I find his version of the event a little dubious.
Other folks tend to notice a punch.
Punches tend to be thrown at the gut or the face, not the chest.
Punches tend to leave marks.
When someone punches you, you tend to punch back.
If he’d claimed Jacobs poked him in the chest, pushed him in the chest, I’d believe him.
But then, he’d be viewed as a bit of a whiner.
Comment by Yellow Dog Democrat Tuesday, Jun 7, 11 @ 12:36 pm
Frankly, the first one to take a public action to end this matter (either Jacobs issuing a public apology or McCarter issuing a public “I forgive” will win the PR battle. So…boys?
Comment by Commonsense in Illinois Tuesday, Jun 7, 11 @ 12:39 pm
YDD, the witness I spoke to classified it as a “punch.”
There is no excusing Sen. Jacobs’ abominable and totally uncalled for behavior here. The question is whether it rose to the level of an outside criminal prosecution.
Comment by Rich Miller Tuesday, Jun 7, 11 @ 12:40 pm
@Rich -
Thanks for that clarification. I haven’t seen that witness quoted on or off the record in the media.
Jacobs should apologize for hitting McCarter.
McCarter should apologize for attacking Jacobs personally on the Senate floor.
The Senate would not be well-served if we resort to resolving our conflicts through fisticuffs or every lawmaker were called out for every potential conflict-of-interest on every bill.
Let’s get back to work!
Comment by Yellow Dog Democrat Tuesday, Jun 7, 11 @ 12:49 pm
Mr. Jacobs owes Mr. McCarter an apology, which Mr. McCarter should graciously accept, after which Mr. Jacobs should then offer to buy Mr. McCarter a drink. Mr. McCarter could then exhibit real class by responding that the first round will be on him and that Mr. Jacobs can pick up the second round.
By the time they are done, they may not like each other very much, but I suspect they’ll hate each other a little bit less.
And that’s got to be worth something in Springfield these days.
Comment by Raging Against the Tide Tuesday, Jun 7, 11 @ 12:59 pm
If this was 1811, “handling it internally” would have meant pistols at 20 paces…
Comment by Roadiepig Tuesday, Jun 7, 11 @ 1:03 pm
===McCarter should apologize for attacking Jacobs personally on the Senate floor.===
I don’t see what McCarter said as a personal attack. It may or may not have violated Senate rules, but he stated the facts about who was lobbying for what and then lamented the state of affairs in Spfld.
Comment by Rich Miller Tuesday, Jun 7, 11 @ 1:06 pm
Simply put, Mike Jacobs was raised in a household that not just condoned such actions, but encouraged them. He views his position as a personal fiefdom. His actions are not to be questioned. Thus it has always been in legislative and ruling bodies. Perhaps we should be grateful. Such buffoonery by the least intelligent of the group reminds us that many of them are lurking and will not make similar mistakes.
Comment by Bill Tuesday, Jun 7, 11 @ 1:20 pm
Can the State Senate be declared a Chicago flash mob?
Comment by Cincinnatus Tuesday, Jun 7, 11 @ 1:28 pm
Disagree. Decisions like this could lead citizens to believe that there is one system of justice for the rich and powerful and one system of justice for the rest of us.
Can’t have that.
– MrJM
Comment by MrJM Tuesday, Jun 7, 11 @ 1:34 pm
MrJM,
Right you are! We can’t have the citizens know there are two different systems. Shhhhh…..
Comment by Cincinnatus Tuesday, Jun 7, 11 @ 1:47 pm
I grew up with the Jacobs family and you have no clue about how they grew up Bill. None at all.
Comment by Lil Enchilada Tuesday, Jun 7, 11 @ 1:48 pm
Cincy,
Do you really believe that every single push, poke and prod in “the real world” is prosecuted to the fullest extent of the law?
Not condoning anything that happened here, but you seem to be a bit to puritan and naive in your assessment of the reality of law enforcement.
Comment by Michelle Flaherty Tuesday, Jun 7, 11 @ 1:59 pm
–The world would be black and white if you smacked Jacobs in the chest. The world would be black and white if I smacked you in the chest. The world is only gray when it comes to the elite.–
Who’s the elite here, Jacobs or McCarter? Elite ain’t what it used to be.
The next time a batter charges the mound after an inside pitch, or a hockey player takes a swing at someone for a high stick, I want Attorney General Holder on it, pronto. If it occurs in Canada, I presume the World Court at the Hague would handle it.
Comment by wordslinger Tuesday, Jun 7, 11 @ 2:10 pm
Assault is assault, there is no expectation or presumption of a person accepting that violence may be done to him in the course of his duties as a legislator (as is the case with, say, a football player).
What if the assault had been with an unregistered firearm and caused great harm? The Senate does not have any power of punishment appropriate to assault. How would the State’s Atty parse the difference, or would he still just say it’s none of his business?
What about an assault at a Village Board meeting? A local library board? A TIF advisory council? A citizen advisory committee? PTA? Where’s the line?
Bad decision, bad precedent.
If he had investigated and decided not to pursue an indictment based on insuffircient evidence or lack of substantial harm, that would be OK. But to say he has no interest, not good.
Comment by Marty Tuesday, Jun 7, 11 @ 2:12 pm
Michelle,
My point is more directed toward the double standard.
Wordslinger,
Can you assure me that Jacobs is not getting special treatment, form the State’s Attorney, and from the Senate leadership?
I repeat again, Jacobs is unrepentant, the Leadership has done nothing, the caucus has done nothing, and now the State’s Attorney. It is obviously okay now for me to push you, or for me to push Jacobs or for Jacobs to push his wife, right?
Comment by Cincinnatus Tuesday, Jun 7, 11 @ 2:17 pm
Cullerton should call both parties to the Leadership office for a ‘come to Jesus’ discussion of how the system works, what they wish to accomplish as Senators, what their plans are, while pointing out the need to cooperate and what will happen to their Senate careers if they do not.
Comment by zatoichi Tuesday, Jun 7, 11 @ 2:40 pm
When an elected official who is reminding the senate (and those of us at home) that a legislator’s controversial bill is being lobbied by that legislator’s own father is considered a personal attack that warrants receiving a physical punch these days, then I am speechless. I’ll allow that if the county states attorney, who probably knows more about the actual events than the majority of us opining here do, believes it does not rise to the level of a chargeable crime then so be it. But Jacobs absolutely must bear repercussion. At the very least he owes all of us, all other senators, and especially Sen. McCarter an apology from the floor of the senate.
Some of the recent defenses posted on this site of Jacobs’ out of control behavior have almost risen to the level of “oh, that’s just Rickey being Rickey.” And we all know how well that turned out.
Comment by Responsa Tuesday, Jun 7, 11 @ 2:42 pm
–At the very least he owes all of us, all other senators, and especially Sen. McCarter an apology from the floor of the senate.–
I don’t feel like I’m owed an apology, but hey, I’ll take whatever I can get.
Jacobs should apologize to McCarter. And McCarter should thank Jacobs.
Comment by wordslinger Tuesday, Jun 7, 11 @ 2:46 pm
Vote: No
Speaking of dopey legislators did anyone else notice Mess Hall Jim Sacia advocate for the right to stuff his face on the floor?
It’ll bring a tear
Maybe Mess Hall Jim’s issue should be tomorrow’s QOTD
Comment by CircularFiringSquad Tuesday, Jun 7, 11 @ 3:04 pm
- wordslinger - Tuesday, Jun 7, 11 @ 2:46 pm:
“Jacobs should apologize to McCarter. And McCarter should thank Jacobs.”
I have been saying that since day one, and I believe I had the third comment on the original CapFax thread, and said almost exactly that. What has buggered this situation is that the only thing Jacobs has said was that he was the victim, showing he has no remorse (not unusual for a politician, c.f. Anthony Weiner). We have not seen one word from the Democrat leadership, nor a single admonishment from the Democrat Caucus.
In the big scheme of things, what message is being sent to those of us on the “inside” and if this ever gets any significant media attention, the citizens of Illinois. Not a pretty picture, huh? And all because Jacobs won’t apologize.
Comment by Cincinnatus Tuesday, Jun 7, 11 @ 3:07 pm
How do you know if Sen. Jacobs hasn’t already tried to apologize and McCarter maybe won’t accept the call??? Maybe we need to look closer at McCarter and his anger at ComEd for not purchasing his poles from his business. Maybe this is what the real issue was the night Sen Jacobs family was brought up on the floor. Maybe his ethics and views should be looked at….I also heard that there was a huge desk between these two men. If that is the case how is it McCarter was so afraid. McCarter is a bully who threw the first vulgar word…how can he call someone else a bully when he himself is a bully. McCarter I am dissapointed in you.
Comment by Jackie O Tuesday, Jun 7, 11 @ 3:17 pm
I read the report and it clearly states that Sen Jacobs has called Sen McCarter to apologize and Sen McCarter has not returned his calls.
I love how people ignore the facts.
Comment by Sue Tuesday, Jun 7, 11 @ 3:20 pm
I was surprised to hear that Cullerton did not immediately call both Senators (with the GOP leader backing him up) into his office and tell them in no uncertain terms that this behavior harmed the Senate, would not be tolerated, and what informal or formal sanctions are going to be applied. Any good boss would do that.
Maybe we’re just too lawyered up in Springfield to fix things firmly and quickly, and would rather wait for some official report or sworn complaint.
Comment by walkinfool Tuesday, Jun 7, 11 @ 3:31 pm
#these guys have to live by the same rules as the rest of us, regular people will have absolutely no respect for government officials. This just adds fuel to that fire.#
Except 90 % of the regular people don’t even know this happened
Comment by Cheryl44 Tuesday, Jun 7, 11 @ 3:35 pm
Well Cheryl44, that might be true, but I guarantee that by Election Day ‘12 100% of the voters in Mike’s district will know what happened and will have an opinion about it and about Mike’s handling of the situation.
Comment by qcexaminer Tuesday, Jun 7, 11 @ 6:21 pm
The problem is QCE senator Mike Jacobs is a great legislator and has brought home more to his district than most. Sen Mike Jacobs is bringing us a smart grid as opposed to his anti smart grid challenger Sen Mike Jacobs is bringing Western Illinois University to a riverfront campus in Moline Illinois which is bigger than the I Wireless Center or the Casino Rock Island which his predecessor has brought home.
WIU will change the face of the QC.
I am proud to vote for a true fighter.
Comment by Sue Tuesday, Jun 7, 11 @ 6:44 pm
===I have been saying that since day one,===
Cinci, you say a lot of stuff here, most of it nonsense. For example, you also said Jacobs should be put in jail. And your repeated insults are childish.
You’ve been annoying since day one.
Comment by 47th Ward Tuesday, Jun 7, 11 @ 7:18 pm
Once one person lays hands on another person inappropriately then it is a criminal matter. I don’t want kids hearing about this incident and thinking it is just a matter for others to work out. No one should be punching anyone - it is ILLEGAL. Letting this slide is akin to condoning bullying.
The word slinging is childish and should be dealt with by an ethics committee.
Comment by sidepocket Tuesday, Jun 7, 11 @ 8:04 pm