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Lawsuit filed

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Illinois

The Better Government Association’s lawsuit that I told you about yesterday has been filed. The BGA is attempting to force the Blagojevich administration to release federal subpoenas it has received from January through July of last year. The time-stamped lawsuit can be downloaded here [pdf file]. The BGA’s press release can be found here [doc file].

The AP also has a story up:

Blagojevich spokeswoman Abby Ottenhoff said the office is following federal prosecutors’ wishes.

“We have been directed by the U.S. attorney’s office not to discuss or share information about their work in order to protect the integrity of their investigation,” Ottenhoff said.

Attorney General Lisa Madigan’s office wrote in October that federal subpoenas are public records, despite requests from prosecutors to keep them under wraps.

“Prosecutors frequently make the request in the subpoena that they keep the document confidential,” Madigan spokeswoman Cara Smith said in an earlier interview. “Just because the subpoena makes a request for confidentiality doesn’t mean it trumps FOIA.”

Smith’s point is exactly correct. Fitzgerald is powerful, but he cannot overrule Illinois law with a request. Besides, the governor’s office won’t even share Fitzgerald’s exact language, so we don’t know what he really said.

posted by Rich Miller
Thursday, Jan 4, 07 @ 2:28 pm

Comments

This has become the MO for the Blgojevich administration: “We will decide which laws we have to follow and which ones we can ignore because it suits our purpose”. Imagine if all of us chose to live by that philosophy.

Comment by one of the 35 Thursday, Jan 4, 07 @ 3:05 pm
Interesting, first they said they were ‘requested’ not to discuss, now they are saying they were ‘directed’ not to discuss. I’m not buying it. If that were the case, it would have been might easy to provide proof of such ‘direction’ months ago and put this whole thing to rest.

It seems to me that they are failing to learn the historical lessons that the cover-up is often more damning than the underlying charges.

Comment by Wigand Thursday, Jan 4, 07 @ 3:07 pm
Bill, believe it or not, I’m going to begin the new year agreeing with some of your points. I know Fitz has asked the AG to bow out of some of her investigations. I believe that may be the only leg Blago has to stand on though. It may be possible that no such records (subpoenas) exist; however I believe that to be very unlikely. You and I know that the USA will not divulge any information about subpoenas, interviews, grand jury testimony, etc. That’s the way the system should operate. So unless there is a mole in Blago’s office who will become the Deep Throat of Illinois, we may all just have to wait and see how all of this mess plays out. Oh, and, HAPPY NEW YEAR to you too.

Comment by Little Egypt Thursday, Jan 4, 07 @ 4:12 pm
AP said….>“Blagojevich spokeswoman Abby Ottenhoff said the office is following federal prosecutorsâ€™ wishes.”

Bring in the back-up QB. Seriously, did Ms. Nix take a day off?

Comment by The 'Broken Heart' of Rogers Park Thursday, Jan 4, 07 @ 4:44 pm
That’s all the more reason why Patrick Fitzgerald, whose office should operate in the interest of the people, should step forward and speak on this matter.

The BGA should not have had to file a lawsuit to get copies of Federal subpoenas that the Office of U.S Attorney Patrick Fitzgerald could have ordered released.

Comment by One_Mcmad Thursday, Jan 4, 07 @ 5:07 pm
Question # 2 that you will not see on the ethics test.

Are public officials required to follow state and federal statutes in the performance of their duties?

Comment by curious george Thursday, Jan 4, 07 @ 5:18 pm
These people are going about this wrong.Offer to put 200 thousand in his slush fund and he will show them anything.Come to think about it he will probably add an appointment to some state job too.

Comment by DOWNSTATE Thursday, Jan 4, 07 @ 5:20 pm
I don’t understand why Fitz’s office hasn’t made a statement regarding whether or not Blago has the ability to release his federal subpoenas. Curious.

I’m on a GJ right now and I know that “some” subpoenas seem to be very public due to their very nature. Illinois has also adopted almost the entire code from the Fed’s regarding Grand Jury’s and their rules, etc. Of course the GJ panel and the prosecutors can’t discuss the panels discussions, deliberations and findings.

But once subpoenas leave the “room” I believe they would be open game for public consumption. That is because when subpoenas are sent out they are pretty much requests for information. The subpoena requesting an indictment will never see the light of day until it does become an indictment.

Comment by Papa Legba Thursday, Jan 4, 07 @ 6:03 pm
It’s about time that such a lawsuit was filed.

Comment by Squideshi Thursday, Jan 4, 07 @ 10:29 pm
Just remember, Rod, like George before you, you are going to put your hand on a Holy Bible Monday and swear to the citizens of Illinois and the Almighty and Ever-Living God you will be a truthful, honest, just, and fair steward.

Be sure to be wearing the rubber-soled elevator shoes that day, they might just deflect the worst of the bolt.

Later, the state and national TV news is going to have endless fun playing your oath of office and post-swearing-in speech pledges on perpetual loop in the background, as they describe what is eventually coming down. I’m gonna put it in my Tivo keeper file for use at parties.

Comment by Gregor Thursday, Jan 4, 07 @ 10:33 pm
Of course. They will only comply IF dragged kicking and screaming.

Comment by Angie Thursday, Jan 4, 07 @ 10:57 pm
Wow. Note to self - ‘Never attend a party at Gregor’s house’.

Comment by OAD Thursday, Jan 4, 07 @ 11:00 pm
Since the AG’s office obviously won’t be representing the gov’s office, which firm will they hire to represent them in this matter? It’ll be interesting to see how delicately they deny #8. Getting a hearing in front of the judge should happen relatively quickly. And then, when the judge orders the governor’s office to release the subpoenas, will there be an appeal? Oh yeah.

Comment by Shadoobie Thursday, Jan 4, 07 @ 11:10 pm
Shadoobie…. Wrong. Try again.

Comment by Rich Miller Friday, Jan 5, 07 @ 12:34 am
If the USA really wants the administration to keep quiet about these subpoenas will he file an amicus brief on behalf of the defendant? Will he be deposed or called to testify by the AG in her role as the governor’s lawyer? How this plays out will be much more amusing than the actual documents in question.

Comment by Bill Friday, Jan 5, 07 @ 4:34 am