Capitol Fax.com - Your Illinois News Radar

Weirdest. FOIA denial. Ever.

Posted in:

Illinois

* And this shouldn’t happen, why?…

Governor Bruce Rauner’s attorneys say the governor’s schedules are private, and that revealing the identity of people he’s meeting with could be used to “determine the substance and direction of his judgment and mental processes.”

posted by Rich Miller
Monday, Jul 27, 15 @ 9:23 am

Comments

I think some of us are questioning his judgement and his mental process every day!

Comment by Spliff Monday, Jul 27, 15 @ 9:26 am
Any statement made by the Administration that infers the Governor’s “mental process” is both hysterical and embarrassingly ignorant.

I wish I would’ve wrote that quote first, that’s how “fun” that denial is.

Comment by Oswego Willy Monday, Jul 27, 15 @ 9:26 am
Sometimes saying nothing at all is better. This would be one of those times.

Comment by Demoralized Monday, Jul 27, 15 @ 9:26 am
How not to let them know your meeting with the Koch brothers?

Comment by Hahaha Monday, Jul 27, 15 @ 9:28 am
“Hi all-

Governor Rauner’s mental processes are not to be ridiculed… to his face.

Thanks!
ck”

Comment by Oswego Willy Monday, Jul 27, 15 @ 9:30 am
“Hi CapitolFax readers-

If anyone can help the Governor figure out who ate the frozen strawberries, that would help his mental processes.

Thanks!
ck”

Comment by Oswego Willy Monday, Jul 27, 15 @ 9:33 am
Morning Rich-

We’d prefer that people only be allowed to speculate as the Gov’s inability to manage the state. We don’t want anyone to confirm it.

Thanks,
ck!

Comment by Anonymous Monday, Jul 27, 15 @ 9:33 am
This kind of response is just an open invitation to aim snark directly at the governor. I wonder how well Rauner handles being the target of jokes?

Comment by Aldyth Monday, Jul 27, 15 @ 9:33 am
Anon at 9:33 was me.

Comment by How Ironic Monday, Jul 27, 15 @ 9:33 am
Meeting with every privatization company out there? Maximus to replace DHS. Corrections Corporation of America to replace DOC? If he breaks to union he’s got his wish.

Comment by Honeybear Monday, Jul 27, 15 @ 9:34 am
Letting the public know who he’s meeting will “determine the substance and direction of his judgment and mental processes.”

Or the lack thereof.

Comment by PublicServant Monday, Jul 27, 15 @ 9:36 am
First Blago, then PQ, now this..will the bumbling ever stop on the 2nd floor?? Geez

Comment by Not Rich Monday, Jul 27, 15 @ 9:36 am
Now that is *superstar* legal reasoning at work.

Were these the state paid attorneys or paid from his private funds?

Comment by is it just me? Monday, Jul 27, 15 @ 9:36 am
They treat governing as a game to win or lose. Knowing his moved or positions would be cheating.

Like battleship.

Comment by sss Monday, Jul 27, 15 @ 9:37 am
Unless the Gov is meeting with Psychologists, I’m not sure what they are driving at. Totally lame response, that is only going to invite further scrutiny.

“We can’t tell you who we are meeting, because that would just make you ask more questions”

Comment by How Ironic Monday, Jul 27, 15 @ 9:37 am
The above statement was meant as snark, right?

Comment by Wensicia Monday, Jul 27, 15 @ 9:38 am
I can’t imagine the AG’s PAC will allow that information to remain exempt from public disclosure. There is no applicable FOIA exemption.

Comment by ABC123 Monday, Jul 27, 15 @ 9:39 am
When Rauner says he wants to be the transparency governor, he meant that everyone else has to be transparent- not him.

Comment by Norseman Monday, Jul 27, 15 @ 9:39 am
Willy, enjoyed the Caine reference.

Comment by Norseman Monday, Jul 27, 15 @ 9:41 am
I didn’t know conferring with Nurse Ratched about watching the World Series was something you can FOIA, mental processes and all…

Comment by Oswego Willy Monday, Jul 27, 15 @ 9:41 am
Seeing his schedule would only confirm he is not in the same universe as Madigan, Cullerton, and most of Illinois.

Comment by A Jack Monday, Jul 27, 15 @ 9:42 am
The Strawberries… Priority Number One… gotta keep my focus…I’ll prove it was Chief Madigan…if it’s the last thing I do?

Comment by Anonymous Redux Monday, Jul 27, 15 @ 9:43 am
I think the better response would have been…

“The individuals the Governor meets with are industry experts that would reveal strategic direction the Governor is considering. Identification of the individuals would hamper and undermine the effectiveness of the Governors office.”

Comment by Pete Monday, Jul 27, 15 @ 9:43 am
Yeah it’s weird… Unless you think it’s appropriate for lawyers to use language from court cases about the very thing they’re responding to. That phrasing is commonly used to describe the deliberative exemption to FOIA.

Comment by SES Monday, Jul 27, 15 @ 9:43 am
“determine the .”

Why doesn’t he want the citizens of Illinois to “determine the substance and direction of his judgment and mental processes”? Probably the same reason he couldn’t discuss his plans for the state during his campaign.

Comment by Wensicia Monday, Jul 27, 15 @ 9:45 am
I hope they aren’t deleting his old schedules. Some folks on Jackson may not take too kindly to that.

Comment by okgo Monday, Jul 27, 15 @ 9:45 am
Thanks - Norseman -, seemed appropriate.

“Governor,

Don’t keep a schedule, do the opposite. Just keep a journal of all the intersting people you meet.

Sincerely,

Holden Caulfield”

Comment by Oswego Willy Monday, Jul 27, 15 @ 9:45 am
I hope the original requester has taken this to the Attorney General’s Public Access Counselor. Seems to me the PAC would overturn this one in a heartbeat.

Comment by Deep South Monday, Jul 27, 15 @ 9:46 am
Maybe he is meeting with Pinkerton’s and doesn’t want people to know he is negotiating with AFSCME in BAD faith.

Comment by Beaner Monday, Jul 27, 15 @ 9:47 am
More tales from “Government run like a business”

Comment by Montrose Monday, Jul 27, 15 @ 9:48 am
The FOIA response pretty much tells us the lengths to which this man will go to insulate himself.
It also tells us a little about his mental state.
And how he’s “runnin’ our state like a bidness.”

Comment by Austin Blvd Monday, Jul 27, 15 @ 9:50 am
Uh, the “governor’s strategic direction’ — whether it is more artfully stated by his communications director or not — is simply not a valid FOIA exception. I hope they appeal this one.

Comment by Centennial Monday, Jul 27, 15 @ 9:50 am
He sure is taking the sledgehammer to those old ways, isn’t it? Thank god we finally have a reformer in office.

Comment by Gooner Monday, Jul 27, 15 @ 9:51 am
… geometric logic …

Comment by Dave Dahl Monday, Jul 27, 15 @ 9:53 am
That is an insult to the public. It should be challenged.

Comment by Hoping for Rational Thought Monday, Jul 27, 15 @ 9:55 am
“The Governor’s schedule today is as follows:

* Raise the Rabbits

* Live off the fat of the land

Thanks!”

#MentalProcesses

Comment by Oswego Willy Monday, Jul 27, 15 @ 9:56 am
“Mike Madigan and the legislators he controls will not allow me to release my schedule.” — GBR

Comment by From the 'Dale to HP Monday, Jul 27, 15 @ 9:59 am
Reminds me of a story… The FIRST week in office, Dick Cheney formed his “Energy Taskforce.” Soon to follow we’re the high test gasoline prices in history, etc. Sierra Club and Judicial Watch litigated for years for FOIA standing and NEVER achieved their goal.

Honeybear @ 9:34 is probably in the right arena. Maximus and Corrections Corp of America are probably in the loop.

Rauner needs to go back to the private sector; these public sector expectations just don’t fit his style and motives.

Comment by cdog Monday, Jul 27, 15 @ 9:59 am
All in a week’s work:
Monday AM - Meet with #TheRealCullerton
Monday PM - Meet with #TheRealMadigan
Tuesday AM - Press Conference about meetings with Legislative Leaders.
Tuesday PM - Watch Legislative Leaders reply, and issue follow up press release before reply is finished.
Wednesday AM - Meet with #TheRealAFSCME and offer deal.
Wednesday PM - Send out Press Release supporting the workers and blaming villainous workers union for state mess.
Thursday AM - Highlight the Turnaround Agenda.
Thursday PM - Make appointments to selective boards.
Friday AM - Press release of all the appointments made.
Friday PM - Quietly ease into a weekend of R&R with a little bobcat hunting. Maybe visit California Wine Club? (Repeat Schedule on Monday.)

Comment by Pete Monday, Jul 27, 15 @ 9:59 am
Based on his judgment and mental processes that we have seen so far, I would say he is meeting daily with the Koch brothers.

Comment by Joe M Monday, Jul 27, 15 @ 10:02 am
My take? Rauner is meeting with donors and coordinating with 501c3 leaders that he has donated to and is donating to. If he can get around the letter and spirit of the law - he and they will.

Comment by All the answers Monday, Jul 27, 15 @ 10:03 am
Apparently this man thinks that that the State of Illinois is one of his corporations. He needs to realize that in a democratic society he and other elected officials work for the people and the people expect transparency in the governmental process

Comment by Earl Shumaker Monday, Jul 27, 15 @ 10:04 am
Rauner, Madigan, Durkin, Cullerton and Radogno should all make their schedules public.

Gov Rauner fighting this like Mayor Emanuel did is fruitless.

Comment by Formerly Known As... Monday, Jul 27, 15 @ 10:06 am
so·ci·o·path
ˈsōsēōˌpaTH/Submit
noun
a person with a personality disorder manifesting itself in extreme antisocial attitudes and behavior and a lack of conscience.
Is this on the forbidden list?

Comment by tobor Monday, Jul 27, 15 @ 10:12 am
how does it feel to be shut out

Comment by real one Monday, Jul 27, 15 @ 10:15 am
If his schedule were to be made public, Rauner’s staff would be the first to say: “But this shouldn’t be taken to represent his judgment or mental processes at all!”

Comment by walker Monday, Jul 27, 15 @ 10:21 am
Rauner is definitely trying to hide something. Probably meeting with “union busting” law firms.

Comment by DuPage Monday, Jul 27, 15 @ 10:34 am
“My take? Rauner is meeting with donors and coordinating with 501c3 leaders that he has donated to and is donating to. If he can get around the letter and spirit of the law - he and they will.”

501c3 leaders?

Comment by Mama Monday, Jul 27, 15 @ 10:35 am
Willard: They told me that you had gone totally insane, and that your judgment and mental processes were unsound.

Rauner: Are my judgment and mental processes unsound?

Willard: I don’t see any judgment and mental processes at all, sir.

– MrJM

Comment by @MisterJayEm Monday, Jul 27, 15 @ 10:36 am
“Mental Processes” - as you can imagine, they *really* don’t want anyone finding out which side of the Dunning-Kruger world the Governor inhabits.

Kidding aside, this is going to leave a very, very big mark. It’s easy to understand, can be summarized in 5 seconds, and runs entirely counter to the “white hat” narrative he’s spent so many tens of millions to create.

That said, before anyone celebrates know this: any ruling against Rauner would also apply to every elected official in this state. That’a a lot of buried bodies that could be exhumed.

Comment by Sam Weinberg Monday, Jul 27, 15 @ 10:37 am
Dear Underinformed Paranoids: it is against Illinois law to privatize virtually any part of Corrections. There MIGHT be some room in parole.

Comment by steve schnorf Monday, Jul 27, 15 @ 10:42 am
This denial speaks directly to the “deliberative process” exemption of 7(1)(f). I wouldn’t be so sure that the PAC will rule against this, though not necessarily in favor of it, as well. There is quite a bit of supportive federal FOIA case law on this.

Comment by Nobody Monday, Jul 27, 15 @ 10:46 am
And why is this comment not considered a “rumor”?…

- DuPage - Monday, Jul 27, 15 @ 10:34 am:

Rauner is definitely trying to hide something. Probably meeting with “union busting” law firms.

Comment by Nobody Monday, Jul 27, 15 @ 10:48 am
Maybe it’s time for the Unions to put some thug like henchmen in AFL-CIO marked cars to follow him around?

Comment by Union Man Monday, Jul 27, 15 @ 11:04 am
A superstar denial.

Comment by Precinct Captain Monday, Jul 27, 15 @ 11:22 am
==- Nobody - Monday, Jul 27, 15 @ 10:46 am:==

You can’t have a valid denial by citing an exemption that does not apply to the information that you’re trying to deny.

Comment by Precinct Captain Monday, Jul 27, 15 @ 11:27 am
Stevie: It’s against the law to impair of diminish pensions, but that’s not stopping the Guv and friends…

Comment by Split Monday, Jul 27, 15 @ 11:32 am
==And why is this comment not considered a “rumor”?…==

Because it was clearly presented as speculation, in the absence of information. Hence the “probably.”

Comment by walker Monday, Jul 27, 15 @ 11:42 am
- walker - Monday, Jul 27, 15 @ 11:42 am:

Can’t tell if you’re facetious or obtuse. “Rauner is definitely trying to hide something.” Speculation!

Comment by Nobody Monday, Jul 27, 15 @ 12:00 pm
As an adequately informed, and practioner of a-little-paranoia-can-save-me-a-lot-of-grief theory, Rauner’s entire agenda is to affect state statute. (even though he seems to forget to submit legislation to backup the road trip power points)

HEADLINE–Next Up On the Turnaround Agenda–Rauner Proposes Privatizing Corrections. Shutting Down Universities Until Demands Are Met.

Don’t expect to hear about it though unroll a 500 page proposal gets distributed.

/SNARK.

Comment by cdog Monday, Jul 27, 15 @ 12:00 pm
If the people found he was meeting with Union Busters Inc. all day instead of governin’, they’d probably be a little upset.

Comment by DayRay Monday, Jul 27, 15 @ 12:09 pm
There is no deliberative process taking place in asking for a list of who the governor has met with. The deliberative process would cover something like emails between the governor and someone on his staff discussing how to handle a situation or am issue. The email example I gave would make the information in the email exempt from disclosure, but the author and recipients of the email would/should still be released to the public.

Comment by ABC123 Monday, Jul 27, 15 @ 12:13 pm
It’s not the act, it’s the cover up…

Comment by Nothin's easy... Monday, Jul 27, 15 @ 12:24 pm
==Stevie: It’s against the law to impair of diminish pensions, but that’s not stopping the Guv and friends==

You are confusing your Govs.

It was Gov Quinn who signed the pension theft bill into law, after passage under President Cullerton and Speaker Madigan.

Comment by Formerly Known As... Monday, Jul 27, 15 @ 12:55 pm
Nobody: maybe obtuse. I thought you were referring to the other statement.

Still, not sure I’d call the statement “he’s hiding something” a rumor, rather than another personal speculation. Semantics I guess.

Comment by walker Monday, Jul 27, 15 @ 1:38 pm
@ABC123…. Schedules have specifically been withheld under the deliberative exemption and that has been upheld by other states courts and I believe the U.S. Supreme Court. And some of those rulings us the language used here by the Governors attorneys. Which makes this FOIA denial not weird at all, and certainly not the weirdest ever. Although I can imagine how it would seem that way to someone not willing to do a google search.

Comment by SES Monday, Jul 27, 15 @ 2:01 pm
Alec handbook, 3.1, how to deny foia’s regarding meeting with Alec.

Comment by Hahaha Monday, Jul 27, 15 @ 2:10 pm
So Rauner transparency is vaseline covered glass it seems…. You let in light but arent allowed to actually see anything

Comment by Ghost Monday, Jul 27, 15 @ 2:33 pm
Brilliant. Then when the applicant appeals to the AG and Lisa orders compliance Rauner can set it up as another fight with Madigan.

But he is a public official. His public schedule should be public information.

Comment by siriusly Monday, Jul 27, 15 @ 2:45 pm
Hmmm, not very comfortable in the fish bowl huh Guv?

Comment by Really? Monday, Jul 27, 15 @ 2:53 pm
@SES…. Do you have an example of the exemption being upheld in an Illinois court or by the PAC? Do you have the ruling given by the US Supreme Court upholding the exemption? I would look it up, but using Google is just so difficult (s).

Comment by ABC123 Monday, Jul 27, 15 @ 3:28 pm
Times Mirror Co. v Superior Court (California)
NLRB v Sears, Roebuck & Co. (SCOTUS)

Never said there was Illinois case law, don’t see anythin on a cursory glance.

Comment by SES Monday, Jul 27, 15 @ 3:58 pm
=== Never said there was Illinois case law, don’t see anythin on a cursory glance. ===

We’ll this is Illinois so we can watch how this plays out with our law, our PAC and our courts.

In any event this guy’s efforts seem to be directed at limiting transparency. Another example of Rauner saying one thing and doing another.

Comment by Norseman Monday, Jul 27, 15 @ 4:52 pm
Maybe Rauner could try to sneak in Scott Walker’s proposed legislation to gut the Open Records law in Wisconsin — hide it in that 500 page union buster. Scott didn’t get away with it, but hey, he may be short of superstars.

Comment by kimocat Monday, Jul 27, 15 @ 4:53 pm
I guess he’s trying to hide his meetings with the leadership of the National Guard and his other top military advisers.

Comment by Anonymous Monday, Jul 27, 15 @ 5:07 pm
@ Formerly Known As, have you missed the proposals to force Tier One into Tier Two or the mythical billions of pension savings in Rauners budget proposal? That seems pretty unconstitutional to me.

Comment by MyTwoCents Monday, Jul 27, 15 @ 7:57 pm
== It’s not the act, it’s the cover up… ==

Yes.

Comment by RNUG Monday, Jul 27, 15 @ 8:47 pm