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This just in… BGA to file FOIA suit over federal subpoenas

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Illinois

I’ve been working on this story for much of the afternoon, saving it for the Capitol Fax. I’ll have more in tomorrow’s Fax for subscribers (including a very interesting twist not discussed below) and I’ll post the entire lawsuit on the blog after it’s filed.

The Better Government Association is suing the office of Gov. Rod Blagojevich to get copies of federal subpoenas issued to state government by the U.S. attorney’s office between Jan. 1 and July 24 of last year. […]

The organization’s chief investigator, Dan Sprehe, sent a Freedom of Information Act request for the documents to the governor’s office on July 24. The request was denied and appealed, and denied again by the governor’s office. […]

“Since Governor Blagojevich was first elected in 2002, he’s repeatedly touted his administration’s commitment to transparency and openness, but when it comes to providing some basic information about important issues swirling around his office, we get treated to George Ryan-like stonewalling and denials,” [Jay Stewart, executive director of the BGA, said]. “It’s shameful that this administration, which talks about transparency, can’t respond to a simple freedom of information request. They’re more concerned about spinning the reality than providing basic public records.”

Amen to that, bruddah. Amen.

The lawsuit itself is embargoed until tomorrow, but the supporting documents can be found here [.pdf file], including the original FOIAs, denials, the attorney general’s opinion that the subpoenas are subject to FOIA laws, etc.

The Freedom of Information Act is here.

Sec. 1. Pursuant to the fundamental philosophy of the American constitutional form of government, it is declared to be the public policy of the State of Illinois that all persons are entitled to full and complete information regarding the affairs of government and the official acts and policies of those who represent them as public officials and public employees consistent with the terms of this Act. Such access is necessary to enable the people to fulfill their duties of discussing public issues fully and freely, making informed political judgments and monitoring government to ensure that it is being conducted in the public interest.

[Comments closed. Go here instead for new and updated info.]

posted by Rich Miller
Wednesday, Jan 3, 07 @ 5:30 pm

Comments

Since the Gov. has legitimate fears
He will rely on a lawsuitâ€™s slow gears.
It will take loads of fun
To see document one.
We’ll check back in about two years.

Comment by Limerick Wednesday, Jan 3, 07 @ 5:58 pm
Limerick, lovin’ the gimmick.

Comment by Bridget Dooley Wednesday, Jan 3, 07 @ 6:31 pm
A governor transparent
Is not now apparent.
Here’s another 4 years FOIA.

Comment by Haiku Wednesday, Jan 3, 07 @ 7:58 pm
The most relevant rhyme
Should discuss who’s to do time
The answer’s soon coming
Someone’s to be bumming

To keep from a trip
Perhaps they did flip
And told what they knew
Thereby turning the screw

The circle it tightens
The targets they frighten
For the coming months herald
A real busy Fitzgerald

Wish I could sign my name to that one

Comment by Wigand Laureate Wednesday, Jan 3, 07 @ 9:30 pm
There’s nothing else to say
But GO BGA!!

Comment by Way Northsider Wednesday, Jan 3, 07 @ 9:42 pm
The Freedom of Information Act is quite a bit more complex than the opening paragraph.

Comment by Anonymous Wednesday, Jan 3, 07 @ 10:25 pm
Of course it is, but there’s nothing to hide behind on this one. Zip. Nada. Zilch.

Comment by Rich Miller Wednesday, Jan 3, 07 @ 10:28 pm
Howard Feldman and Don Craven are representing the BGA on this one. My money is on Don Craven. He’s like a junkyard dog when it comes to going after any form of government. AND HE WINS!!

Comment by Little Egypt Wednesday, Jan 3, 07 @ 10:37 pm
In my opinion, to divulge this type of information would violate the exception for private personnel info..It could also be construed as interferring with ongoing federal investigationS. Finally, it is possible that no such records exist.The state is therefore under no obligation to compile them. If this is all a matter of public record as some, including the AG, have opined, then let the USA divulge whatever info he feels is appropriate. The state is under no obligation to do so.
So don’t get your hopes up, Little e!
Oh, and, HAPPY NEW YEAR.

Comment by Bill Wednesday, Jan 3, 07 @ 11:33 pm
Feldman and Craven
Checkin out the misbehavin
Depositions all around
Something just ain’t sound
Sing Ms. Mary Lee sing !
You could tell us a thing
Or Two
Couldn’t You?
Boo Hoo
For Gov Blagoo
Yahoo for all of you!

Just love “The Limerick” - he/she’s great. This is my first…apologies all around. Most fun I’ve had since the disastrous gubernatorial election!

Comment by Waitin In The Wings Thursday, Jan 4, 07 @ 12:09 am
I got Feb. 19th in the pool for another Fitzmas.

As far as the FOIAs it looks like a pretty open-and-shut case if Lisa isn’t going to take the Governor’s side. And she most definitely does NOT. Much may depend on which judge gets to hear this one - it could be all over for Lionel Hutz and the rest of the crack Blago legal squad in a hurry.

Now that there’s no fear of tampering with an election, the feds will probably take the gloves off, I reckon. With all the time his folk spend in front of judges, maybe they can get frequent flyer miles or something.

Comment by Skeptic Thursday, Jan 4, 07 @ 12:10 am
Bill, check the Fax tomorrow. Y’all are in for a big disappointment.

Comment by Rich Miller Thursday, Jan 4, 07 @ 1:23 am
Ummm Bill, if the ‘records don’t exist’ don’t you think they would have pointed that out?

Comment by OneMan Thursday, Jan 4, 07 @ 9:06 am
Let’s close this one out and move to the new and updated post on the subject. Thanks.

Comment by Rich Miller Thursday, Jan 4, 07 @ 2:57 pm