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* UPDATED x1 * House committee wants further action against Rep. Derrick Smith

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* The House’s Special Investigating Committee has voted unanimously to recommend that indicted Rep. Derrick Smith be referred to another House committee for punishment. The committee’s report is here. Live broadcast of the press conference is here.

*** UPDATE *** If you missed the live feed, here’s the raw audio…

Click to download

[ *** End Of Update *** ]

* AP…

The committee’s task was only to determine whether Smith should be punished. Another committee will choose whether to reprimand, censure or expel Smith — or to take no action.

The seven-page report said the alleged misconduct legislators should examine is that Smith “abused the power of his office by participating in a scheme to obtain a personal benefit in exchange for his official acts.”

Smith, 48, allegedly took the bribe for backing a $50,000 state grant application on behalf of a day care center that turned out to be fictitious. Authorities say it was an FBI sting with an undercover informant wearing a recorder. […]

In making its finding, the special committee had a much lower standard of fault-finding than Smith would face in federal court.

* Tribune…

“Accepting a cash bribe in exchange for an official act, or even plotting or attempting to do so, constitutes a breach of Rep. Smith’s obligation as a public official to faithfully discharge his duties in the best interests of the people of the state of Illinois and warrants disciplinary action by the House of Representatives,” the report states. […]

Smith faces the potential of censure, reprimand or expulsion under the House procedures, which started with the investigative panel that convened Thursday and could eventually bring his case before the full House.

* Reps. Lou Lang and Jim Durkin have been appointed House managers. Twelve “jurors” from the House - six from both parties - will listen to the case presented by the managers. The committee must convene no later than 30 days from today.

posted by Rich Miller
Wednesday, Jun 6, 12 @ 1:04 pm

Comments

No surprises so far. I expect the managers will recommend expulsion and the jury will endorse it, as will the full house, with a very lopsided margin.

That should give Tyson the ammo he needs to win in the fall and finally end this sorry saga.

I think some have been frustrated by the slow pace, but I think the Nekritz committee was prudent to make sure they didn’t rush this. She handled this about as well as was possible, so good for her.

Comment by 47th Ward Wednesday, Jun 6, 12 @ 1:13 pm
This is why people think springfield is such a ridiculous charade. You can’t fix the pension issue, but you’ve spent months on an indicted guy who never should have been considered for a state rep job in the first place. There are a lot of great people in skokie, most would look at lou lang’s focus on this and the gaming stuff and say those are things nowhere remotely near what we actually care about right now. Another guy that doesn’t deserve to be in office.

Comment by Shore Wednesday, Jun 6, 12 @ 1:25 pm
This may have been answered before, but if Smith is elected to the House, will he have to be expelled again?

Comment by NIref Wednesday, Jun 6, 12 @ 1:28 pm
@NIref - if he is expelled in this term, but re-elected, he can’t be expelled again (for the same misdeed)

Comment by titan Wednesday, Jun 6, 12 @ 1:47 pm
===he can’t be expelled again (for the same misdeed) ===

The bar here is “creating a disturbance.” They could literally kick Smith out for breathing if they want.

Comment by Rich Miller Wednesday, Jun 6, 12 @ 1:54 pm
Shore, are you suggesting that they just do away with the rules?

I wanted this thing over with quickly, and it should’ve been moved forward with far more deliberate speed. But, dude, somebody has to be a House manager. Lang will be a good one. Take a breath already.

Comment by Rich Miller Wednesday, Jun 6, 12 @ 1:56 pm
==But, dude, somebody has to be a House manager. Lang will be a good one==

Durkin will also be a good manager.

Comment by Knome Sane Wednesday, Jun 6, 12 @ 2:18 pm
=== They could literally kick Smith out for breathing if they want. ===

True. But I doubt that Madigan wants to set that precedent.

Removal from office overturns a democratic election.

Its one thing to remove someone from office for an offense that occurred after they were elected.

But if the alleged incident occurred prior to election, was well-known by the voters, and they chose to elect them anyway…I think the House would be in error removing them.

It’s not too hard to imagine, for example, a legislator convicted of DUI - a serious offense that is life-endangering - and then getting elected anyway. Do you remove them? Why not?

Comment by Yellow Dog Democrat Wednesday, Jun 6, 12 @ 2:33 pm
===Durkin will also be a good manager. ===

Agreed.

Comment by Rich Miller Wednesday, Jun 6, 12 @ 2:34 pm
My guess is that this was delayed mostly because Dave Ellis was the point person on it, and he got pulled off of the Smith issue to deal with the Medicaid and charity care negotiations. Ellis was working 16-20 hours a week at the end of session, all on Medicaid.

Comment by dave Wednesday, Jun 6, 12 @ 2:50 pm
===Ellis was working 16-20 hours a week at the end of session===

I think you meant per day, not per week.

Comment by Rich Miller Wednesday, Jun 6, 12 @ 2:51 pm
== Ellis was working 16-20 hours a week at the end of session, all on Medicaid. ==

No that was Pat Quinn working 16~20 hours a week on Pension reform during the session or was the 16~20 hours the entire session (including middle school press conferences)

Comment by OneMan Wednesday, Jun 6, 12 @ 3:32 pm
@ Shore: Actually this thing didn’t move as quickly as it should have, precisely because legislators were focused on budget cuts, Medicaid cuts, and trying and failing to do pension reform, by May 31.
Time for action now.

Comment by mark walker Wednesday, Jun 6, 12 @ 6:15 pm